The Scottish Government could be overstepping its powers in its bid to tackle problems caused by excessive drinking, according to the Law Society of Scotland.
The Scottish Government could be overstepping its powers in its bid to tackle problems caused by excessive drinking, according to the Law Society of Scotland.
Three main elements of the consultation on changing Scotland's relationship with alcohol are thought to raise questions over which matters are within the parliament's remit or are reserved to Westminster.
It is believed that attempts to limit alcohol consumption by introducing minimum pricing could fall foul of the Scotland Act, if it is deemed that it is a trade matter under the sale and supply of goods and not licensing.
Creating a standard measure is thought to be outwith the scope of the parliament as it relates to weights and measures - which the Law Society contends can only be amended by Westminster. Moves to prevent retailers selling alcohol as a loss leader could be a matter for competition law which is also reserved to the UK Government.
The Scottish Government is proposing a range of measures to tackle alcoholism, including banning sales promotions, increasing the purchasing age for off-sales to 21, a social responsibility fee to help deal with costs in terms of health and policing for alcohol related illness and crime, and setting a minimum price for a unit of alcohol to stop supermarkets and shops selling cheap beer, cider and spirits.
In its submission to the government's consultation, the licensing law sub-committee of the Law Society asks "whether the purpose of minimum pricing is considered to fall under regulation of the sale of alcohol by licensing which would be devolved or a trade matter whether which is reserved".
Calls have been made by Westminster MPs to introduce minimum pricing, which could cover the whole of the UK. They blamed the availability of cheap alcohol for the violence on the streets.
The Law Society of Scotland said: "The United Kingdom is one market in terms of European competition law ... competition law is not a matter devolved to the Scottish Parliament."
The Scottish Government dismissed the Law Society's concerns and said any legislation it recommends would be within the parliament's power.
