Agenda item

Ian Leete, Advisor, introduced the paper and explained that it reflected the ruling on 23 December 2015 by the European Court of Justice on the Scottish Whiskey Association’s legal challenge to the Scottish Government’s proposals to introduce a minimum unit price for alcohol. This ruling established that minimum pricing could be restrictive of trade between member states so could only be introduced if it is proportionate and  if it does not go beyond what is necessary for achieving the objective, and must be the least restrictive measure available. The court also ruled that other measures which were less restrictive of trade such as increases in taxation had to be considered. The ruling introduces significant challenges to the implementation of a minimum unit price in England. Members were informed the Scottish courts have indicated they will consider the judgment and members asked to be updated on this at the next Board meeting.

The paper sets out three alternative measures that could be used to reduce harm from alcohol:

·         Extending effective harm-reduction measures in the on-trade to the off-trade

·         Lobbying for amendments to the duty regime

·         Reducing the strength of alcohol and boosting consumer awareness of strength

There was a discussion about the paper during which members made a number of comments:

·         councils would need to look at a range of measures as there was no single solution to reducing alcohol related harm;

·         the problem of preloading alcohol was more an issue for the off-trade than on-trade and measures should therefore reflect this;

·         there should be a focus on the long-term effects of alcohol;

·         the LGA should supporti events such as Alcohol Concern’s Dry January Awards;

·         problem drinking can be particularly prevalent in areas of high student density;

·         York has successfully introduce cumulative impact zone which has helped;

·         local authorities should be sharing best practice in how to tackle this issue

·         the LGA should encourage the promotion of low alcohol and alcohol free beers;

·         members wanted to include reducing the drink drive limit following the success in Scotland.

Decision:

The Board noted the European Court of Justice’s decision on the Scottish case, and agreed to take forward the proposals outlined in the paper, with the addition of reducing the drink drive limit.

Action:

Officers to progress in line with members comments and to update the Board about developments in the Scottish case at the next meeting.