BREXIT would allow alcohol minimum pricing in Scotland if the policy is blocked by the UK's highest court, according to former Scottish Health Secretary Alex Neil.
Neil said the Scottish Government would no longer be “snookered” by claims the plan breaches European law once Britain leaves the EU.
A final decision is imminent by the Supreme Court on a legal challenge to the policy brought by the Scotch Whisky Association.
However, Neil said that even if it rules against the policy, Scottish ministers could still pursue the plan.
as rules from European judges and the single market would no longer apply after Brexit.
Holyrood approved plans for a minimum price per unit of alcohol in 2012, but it has been tied up in a succession of court challenges amid claims it breaks EU law.
Neil, who supports Brexit, said: "The first thing to say is that minimum pricing is an absolute must in order to effectively tackle Scotland's problem with alcohol.
"If the Supreme Court backs the Scottish Government then we'd be able to implement minimum pricing very very quickly. However, if the Supreme Court makes the opposite decision and backs the Scotch Whisky Association then it means that under EU rules we wouldn't be able to implement minimum unit pricing.
"So my advice to the government would be not to give up and to stick with it because the Brexit deal may well allow us to introduce minimum unit pricing even if we lose in the Supreme Court."
Neil said the Scottish Government could also levy a sales tax on alcohol associated with harmful drinking.
He added: "The other alternative is if you cannot introduce minimum pricing you can introduce a local sales tax on drinks that would be covered by minimum unit pricing. So that could be explored as well."
Under the Scottish Government's plans,a price of 50p per unit of alcohol would be set.
A Scottish Government spokeswoman said ministers were focussed on awaiting the Supreme Court's judgement.
Karen Betts, Scotch Whisky Association chief executive, said: “We are currently awaiting the Supreme Court ruling on minimum unit pricing (MUP) of alcohol.
"After Brexit, the UK will still be bound by World Trade Organisation rules on the free movement of goods which are similar to those debated in the MUP case."
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