Public Health (Minimum Price for Alcohol) (Wales) Act 2018

Minimum price for alcohol

1 Minimum price for alcohol

(1) The applicable minimum price for alcohol is to be calculated, for the purposes of section 2 of this Act, by applying the formula M × S × V, where—

(a) M is whatever price is specified in regulations as being the minimum unit price for the purposes of this Act, expressed in pounds sterling,

(b) S is the percentage strength of the alcohol, expressed as a cardinal number,

(c) V is the volume of the alcohol, expressed in litres.

(2) Where but for this subsection the applicable minimum price for alcohol would not be a whole number of pennies, it is to be rounded to the nearest whole penny (taking half a penny as being nearest to the next whole penny above).

(3) For example—

(a) in the case of a bottle of wine, S (percentage strength of the wine) is 12.5%, and V (volume of the wine) is 75 centilitres;

(b) taking M (specified minimum unit price) to be £0.50, the applicable minimum price for the wine would be calculated as £0.50 × 12.5 × 0.75 = £4.69.

Offences

2 Offences

(1) It is an offence for a person who is an alcohol retailer—

(a) to supply alcohol from qualifying premises in Wales, or

(b) to authorise the supply of alcohol from qualifying premises in Wales,

at a selling price below the applicable minimum price for the alcohol.

(2) It is a defence for a person charged with an offence under this section to show that the person took reasonable steps and exercised due diligence to avoid committing it.

(3) If a person charged with an offence under this section relies on the defence in subsection (2), and evidence is adduced that is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(4) It is immaterial for the purposes of subsection (1)(b) whether the authorisation takes place in Wales or elsewhere.

(5) For the purposes of this section and section 6, “selling price”, in relation to alcohol, means its price including VAT and all other taxes.

(6) In Schedule 4 (personal licence: relevant offences) to the 2003 Act, after paragraph 2 insert —

“2A An offence under the Public Health (Minimum Price for Alcohol) (Wales) Act 2018.”

Interpretation of core terms

3 Meaning of “supply of alcohol” and “qualifying premises”

(1) In this Act, the supply of alcohol means—

(a) the sale by retail of alcohol to a person in Wales, or

(b) the supply of alcohol by or on behalf of a club to a member of the club who is in Wales, or to a person in Wales to the order of a member of the club,

and related expressions are to be construed accordingly.

(2) Premises are qualifying premises for the purposes of this Act if—

(a) a premises licence granted under Part 3 of the 2003 Act authorises the premises to be used for the supply of alcohol,

(b) a club premises certificate granted under Part 4 of the 2003 Act certifies that the premises may be used for the supply of alcohol, or

(c) the supply of alcohol on or from the premises is a permitted temporary activity for the purposes of Part 5 of the 2003 Act.

4 Meaning of “alcohol retailer”

(1) In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(a), each of the following is to be treated as an alcohol retailer for the purposes of this Act—

(a) an individual to whom a personal licence has been granted under Part 6 of the 2003 Act that authorises the individual to supply alcohol, or to authorise the supply of alcohol, in accordance with the premises licence concerned;

(b) the individual who is the designated premises supervisor for the purposes of the 2003 Act.

(2) In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(b), the person who is the holder of the club premises certificate concerned is to be treated as an alcohol retailer for the purposes of this Act.

(3) In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(c), the individual who is the premises user for the purposes of Part 5 of the 2003 Act is to be treated as an alcohol retailer for the purposes of this Act.

Special offers

5 Special offers: multi-buys of alcohol

(1) Where alcohol is supplied in a multi-buy alcohol transaction, the applicable minimum price is to be calculated by reference to all of the alcohol included in the transaction.

(2) Alcohol is supplied in a multi-buy alcohol transaction if—

(a) it is supplied free of charge by reference to the supply of other alcohol, or

(b) other alcohol is supplied free of charge by reference to it,

and, in either case, both the free alcohol and the alcohol by reference to which the free alcohol is supplied are to be treated as being included in the same transaction.

(3) Alcohol is also supplied in a multi-buy alcohol transaction if—

(a) it is supplied at a price fixed by reference to the supply of other alcohol, or

(b) other alcohol is supplied at a price fixed by reference to it,

and, in either case, both the fixed price alcohol and the alcohol by reference to which the fixed price alcohol is supplied are to be treated as being included in the same transaction.

(4) Alcohol is also supplied in a multi-buy alcohol transaction if it is supplied, together with other alcohol, for a fixed price, in which case all of the alcohol supplied for that price is to be treated as being included in the same transaction.

(5) But alcohol is not to be treated as being supplied in a multi-buy alcohol transaction if anything except alcohol is supplied in the transaction.

(6) For example—

(a) in a special offer, 4 cans of lager and 4 cans of cider are supplied together for a fixed price: S (percentage strength) is 4% in relation to the lager, and 6% in relation to the cider, while V (volume) is 440 ml in each case;

(b) taking M (specified minimum unit price) to be £0.50, the applicable minimum price for the transaction is £8.80, that sum being the aggregate of the following calculations—

• £0.50 × 4 × 1.76 = £3.52 (the minimum price of the lager), and

• £0.50 × 6 × 1.76 = £5.28 (the minimum price of the cider).

6 Special offers: supply of alcohol with goods and services

(1) Where alcohol is supplied together with goods other than alcohol, or with services, for a single price, subsection (2) applies.

(2) The alcohol is to be treated as being supplied at that single price for the purpose of determining whether the selling price of the alcohol is below the applicable minimum price.

(3) For example—

(a) in a special offer, the cans of lager and cider mentioned in the example given in section 5(6) are supplied with a pizza for a single price;

(b) taking M (specified minimum unit price) to be £0.50, the selling price of the alcohol is to be treated for the purposes of this Act as being the total price of the cans and the pizza, and that price must not be lower than £8.80, being the applicable minimum price for the lager and cider.

(4) Where alcohol is supplied for a price fixed by reference to the supply of goods other than alcohol, or of services (a “special price”), subsection (5) applies for the purpose of determining whether the selling price of the alcohol is below the applicable minimum price.

(5) The alcohol is to be treated as being supplied at a price equal to the aggregate of the special price and the price (if any) for which the other goods and services are supplied.

(6) For example—

(a) in a special offer, the cans of lager and cider mentioned in the example given in section 5(6) are supplied for a special price if a pizza is purchased for £5.00;

(b) taking M (specified minimum unit price) to be £0.50, the selling price of the alcohol is to be treated for the purposes of this Act as being the aggregate of the price of the pizza and the special price, and that special price must not be lower than £3.80, being the applicable minimum price for the cans of lager and cider (which is £8.80) less the price for the pizza (which is £5.00).

7 Special offers: supplementary

(1) Subsection (2) applies where some of the alcohol supplied in a multi-buy alcohol transaction, or for a single price or special price, is of a different strength from other alcohol supplied in the transaction or for that price.

(2) The applicable minimum price for the alcohol supplied in the transaction or for that price is to be calculated by adding the applicable minimum price for each strength of alcohol supplied in the transaction or for the price.

(3) References in section 6 to alcohol being supplied together with other goods and services include references to transactions where alcohol is provided together with other goods and services, and—

(a) the other goods or services are supplied at a price, but

(b) the alcohol is described as being supplied free of charge.

Penalties

8 Penalties

A person guilty of an offence under section 2 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9 Fixed penalties

(1) Where an authorised officer of a local authority has reason to believe that a person has committed an offence under section 2 in the local authority’s area, the officer may give that person a fixed penalty notice in respect of that offence.

(2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence by paying a fixed penalty.

(3) In the case of an offence that an authorised officer has reason to believe has been committed by a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the partnership.

(4) In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the association.

(5) For further provision about fixed penalties, see Schedule 1.

(6) For the meaning of “authorised officer”, see section 11.

Enforcement

10 Enforcement action by local authorities

(1) A local authority may—

(a) bring prosecutions in respect of offences in its area under this Act;

(b) investigate complaints in respect of alleged offences in its area under this Act;

(c) take any other steps with a view to reducing the incidence in its area of offences under this Act.

(2) A local authority must—

(a) consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in its area a programme of enforcement action in relation to this Act, and

(b) to the extent that it considers it appropriate to do so, carry out such a programme.

(3) In complying with subsection (2), an authority must in particular have regard to the following objectives—

(a) improving public health;

(b) protecting children from harm.

(4) For the purposes of subsection (2), a programme of enforcement action in relation to this Act is a programme involving the taking of all or any of the steps referred to in subsection (1).

11 Authorised officers

References in this Act to an authorised officer of a local authority are to any person authorised by the authority for the purposes of this Act.

12 Power to make test purchases

An authorised officer of a local authority may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority’s functions under or by virtue of this Act.

13 Powers of entry

(1) An authorised officer of a local authority may enter premises in Wales at any reasonable time if the officer—

(a) has reasonable grounds for believing that an offence under section 2 has been committed in the area of the local authority, and

(b) considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed.

(2) But this does not apply in relation to premises used wholly or mainly as a dwelling.

(3) An authorised officer may not enter premises by force under this section.

(4) An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 11.

14 Warrant to enter a dwelling

(1) A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales used wholly or mainly as a dwelling if satisfied on sworn information in writing—

(a) that there are reasonable grounds for believing that an offence under section 2 has been committed in the area of a local authority, and

(b) that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed.

(2) The justice may issue a warrant authorising an authorised officer of the local authority to enter the premises, if need be by force.

(3) The warrant continues in force until the end of the period of 28 days beginning with the date it was issued.

15 Warrant to enter other premises

(1) A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing—

(a) that there are reasonable grounds for believing that an offence under section 2 has been committed in the area of a local authority,

(b) that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and

(c) that a requirement set out in subsection (3) or (4) is met.

(2) The justice may issue a warrant authorising an authorised officer to enter the premises, if need be by force.

(3) The requirement is that—

(a) a request to enter the premises has been, or is likely to be, refused, and

(b) notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the local authority to be concerned in the management of the premises.

(4) The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry.

(5) The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.

16 Supplementary provision about powers of entry

(1) An authorised officer of a local authority entering premises under section 13, or by virtue of a warrant issued under section 14 or 15, may take such other persons and such equipment as the officer considers appropriate.

(2) If the occupier of premises an authorised officer is authorised to enter by a warrant under section 14 or 15 is present at the time the authorised officer seeks to execute the warrant, the officer must—

(a) inform the occupier of the officer’s name;

(b) produce documentary evidence to the occupier of the officer’s authorisation;

(c) supply a copy of the warrant to the occupier.

(3) If premises that an authorised officer is authorised to enter by a warrant under section 14 or 15 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the officer must leave them as effectively secured against unauthorised entry as when the officer found them.

17 Powers of inspection, etc.

(1) An authorised officer of a local authority entering premises under section 13, or by virtue of a warrant issued under section 14 or 15, may do any of the following if the officer considers it necessary for the purpose of ascertaining whether an offence under section 2 has been committed—

(a) carry out inspections and examinations on the premises;

(b) require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it;

(c) take possession of anything on the premises, and retain it for as long as the officer considers necessary for that purpose;

(d) require any person to give information, or afford facilities and assistance with respect to matters within the person’s control.

(2) If the authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 2 has been committed, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed.

(3) If by virtue of subsection (1)(c) an authorised officer takes possession of anything, the officer must leave on the premises from which it was taken a statement—

(a) giving particulars of what has been taken and stating that the officer has taken possession of it, and

(b) identifying the person to whom a request for the return of the property may be made.

(4) The powers conferred by this section include the power—

(a) to copy documents found on the premises;

(b) to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically).

(5) For this purpose, “documents” includes information recorded in any form; and references to documents found on the premises include—

(a) documents stored on computers or other electronic devices on the premises, and

(b) documents stored elsewhere that can be accessed by computers or other electronic devices on the premises.

(6) A person is not required by this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

18 Obstruction etc. of officers

(1) A person who intentionally obstructs an authorised officer of a local authority exercising functions under sections 13 to 17 commits an offence.

(2) Any person who without reasonable cause fails—

(a) to provide an authorised officer with facilities that the authorised officer reasonably requires for the purpose of a requirement under section 17(1), or

(b) to comply with a requirement under section 17(1)(b) or (d),

commits an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) This section is subject to section 17(6).

19 Retained property: appeals

(1) A person (“P”) with an interest in anything taken away under section 17(1)(c) (“retained property”) may apply by way of complaint to any magistrates’ court for an order requiring the retained property to be released, either to P or to another person.

(2) If, on an application under this section, the court is satisfied that the continued retention of the retained property is not necessary for the purpose of ascertaining whether an offence under section 2 has been committed, it may make an order requiring the release of the retained property.

(3) An order under this section may contain whatever provision the court thinks appropriate for delaying its coming into force pending the making and determination of an appeal (including an application under section 111 of the Magistrates’ Courts Act 1980 (c. 43)).

(4) If the court adjourns the hearing of an application under this section, it may make an order in respect of the retained property that lasts until the final hearing of the application or until any further order is made, if it considers it appropriate to do so.

(5) Nothing in this section affects any other power of the court to make an order in respect of the retained property, including any power to make an order under section 1 of the Police (Property) Act 1897 (c. 30) (power to make order with respect to property in possession of police).

20 Appropriated property: compensation

(1) A person (“P”) with an interest in anything of which an authorised officer of a local authority has taken possession under section 17(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates’ court for compensation.

(2) Subsection (3) applies if, on an application under this section, the court is satisfied that—

(a) P has suffered loss or damage in consequence of the authorised officer’s taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 2 had been committed, and

(b) the loss or damage is not attributable to the neglect or default of P.

(3) The court may order the local authority to pay compensation to P.

Report and sunset provision

21 Report on operation and effect of this Act

(1) The Welsh Ministers must, as soon as practicable after the end of the 5 year period, lay before the National Assembly for Wales a report on the operation and effect of this Act during that period.

(2) In preparing the report the Welsh Ministers must consult the National Assembly for Wales and such other persons as they consider appropriate.

(3) The Welsh Ministers must publish the report as soon as practicable after it has been laid before the Assembly.

(4) In subsection (1), “the 5 year period” has the meaning given in section 22(4).

22 Duration of minimum pricing provisions

(1) The minimum pricing provisions are repealed with effect from the expiry of the 6 year period, unless regulations providing otherwise are made under subsection (2).

(2) Regulations may, after the end of the 5 year period but before the end of the 6 year period, provide that the minimum pricing provisions are not repealed, despite subsection (1).

(3) Regulations may make such provision (including provision modifying any enactment) as may be necessary or expedient in consequence of the repeal, by virtue of subsection (1), of the minimum pricing provisions.

(4) In this section—

• “minimum pricing provisions” (“darpariaethau’r isafbris”) means—

  (a)

  this Act (other than subsection (3) and this subsection, and for the purposes of making regulations under subsection (3), sections 26(1), (2) and 27), and

  (b)

  paragraph 2A of Schedule 4 to the 2003 Act;

• “modifying” (“addasu”), in relation to an enactment, includes amendment, repeal and revocation;

• “the 5 year period” (“y cyfnod 5 mlynedd”) means the period of 5 years beginning with the day on which section 2 comes into force;

• “the 6 year period” (“y cyfnod 6 mlynedd”) means the period of 6 years beginning with the day on which section 2 comes into force.

Crown application

23 Crown application

Section 195 of the 2003 Act (Crown application) applies in relation to provision made by or under this Act as if that section were included in this Act (and for this purpose, references to the 2003 Act in that section are to be treated as references to this Act).

General

24 Offences committed by partnerships and other unincorporated associations

(1) Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of the partners).

(2) Proceedings for an offence under this Act alleged to have been committed by an unincorporated association other than a partnership are to be brought in the name of the association (and not in that of any of its members).

(3) Rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate.

(4) Section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) apply in proceedings for an offence brought against a partnership or an unincorporated association other than a partnership as they apply in relation to a body corporate.

(5) A fine imposed on a partnership on its conviction for an offence under this Act is to be paid out of the partnership assets.

(6) A fine imposed on an unincorporated association other than a partnership on its conviction for an offence under this Act is to be paid out of the funds of the association.

25 Liability of senior officers etc.

(1) This section applies where an offence under this Act is committed by—

(a) a body corporate;

(b) a partnership;

(c) an unincorporated association other than a partnership.

(2) If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a senior officer of the body corporate or partnership or unincorporated association, or

(b) any person purporting to act in a capacity mentioned in paragraph (a),

that senior officer or person (as well as the body corporate, partnership or association) is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) In this section, “senior officer” means—

(a) in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate;

(b) in relation to a partnership, a partner in the partnership;

(c) in relation to an unincorporated association other than a partnership, any officer of the association or any member of its governing body.

(4) In subsection (3), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

26 Regulations

(1) A power to make regulations under this Act—

(a) is exercisable by statutory instrument;

(b) includes power to make different provision for different purposes;

(c) includes power to make supplementary, incidental, consequential, transitional, transitory and saving provision.

(2) A statutory instrument containing regulations made under the following provisions may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales—

(a) section 1;

(b) section 22;

(c) paragraph 5(2) of Schedule 1;

(d) paragraph 9 of Schedule 1.

(3) Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

27 Interpretation

(1) In this Act, “alcohol” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but does not include any of the following—

(a) alcohol which is of a strength not exceeding 1.2% when supplied;

(b) perfume;

(c) flavouring essences recognised by Her Majesty’s Commissioners for Revenue and Customs as not being intended for consumption as or with dutiable alcoholic liquor;

(d) the aromatic flavouring essence commonly known as Angostura bitters;

(e) alcohol which is, or is included in, a medicinal product or a veterinary medicinal product;

(f) denatured alcohol;

(g) methyl alcohol;

(h) naphtha;

(i) alcohol contained in liqueur confectionery.

(2) For the purposes of subsection (1)—

• “denatured alcohol” (“alcohol sydd wedi ei annatureiddio”) has the same meaning as in section 5 of the Finance Act 1995 (c. 4);

• “dutiable alcoholic liquor” (“diod alcoholaidd dolladwy”) has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4);

• “liqueur confectionery” (“melysion gwirod”) means confectionery which—

  (a)

  contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogram of the confectionery, and

  (b)

  either consists of separate pieces weighing not more than 42g or is designed to be broken into such pieces for the purpose of consumption;

• “medicinal product” (“cynnyrch meddyginiaethol”) has the same meaning as in section 130 of the Medicines Act 1968 (c. 67);

• “veterinary medicinal product” (“cynnyrch meddyginiaethol milfeddygol”) has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2013 (SI. 2013/2033).

(3) For the purposes of this Act—

• the “2003 Act” (“Deddf 2003”) means the Licensing Act 2003 (c. 17);

• “club premises certificate” (“tystysgrif mangre clwb”) has the same meaning as in the 2003 Act;

• “enactment” (“deddfiad”) means an enactment (whenever enacted or made) comprised in, or in an instrument made under—

  (a)

  an Act of Parliament;

  (b)

  a Measure or an Act of the National Assembly for Wales;

• “local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

• “partnership” (“partneriaeth”) means—

  (a)

  a partnership within the Partnership Act 1890 (c. 39), or

  (b)

  a limited partnership registered under the Limited Partnerships Act 1907 (c. 24);

• “premises” (“mangre”) has the same meaning as in the 2003 Act;

• “premises licence” (“trwydded mangre”) has the same meaning as in the 2003 Act;

• “qualifying premises” (“mangre gymhwysol”) has the meaning given in section 3;

• “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;

• “sale by retail” (“gwerthu drwy fanwerthu”) has the same meaning as in the 2003 Act;

• the “strength” (“cryfder”) of alcohol means its alcoholic strength, which—

  (a)

  in relation to alcohol contained in a bottle or other container that is marked or labelled in accordance with requirements imposed by or under any enactment or rule of law, is to be taken as being the alcoholic strength by volume as indicated by the mark or the label on the bottle or container;

  (b)

  otherwise, is to be computed in accordance with section 2 of the Alcoholic Liquor Duties Act 1979 (c. 4).

28 Coming into force

(1) The following sections come into force on the day after the day on which this Act receives Royal Assent—

(a) sections 26 and 27;

(b) this section;

(c) section 29;

(d) section 30.

(2) The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument.

(3) An order under subsection (2) may—

(a) appoint different days for different purposes;

(b) make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

29 Promoting public awareness of minimum pricing for alcohol

(1) The Welsh Ministers must take steps to promote public awareness of the prospective commencement of the requirements as to minimum pricing introduced by this Act.

(2) The steps taken must include steps to promote public awareness of the health risks of excessive alcohol consumption, and of how the introduction of a minimum price for alcohol is intended to reduce consumption.

30 Short title

The short title of this Act is the Public Health (Minimum Price for Alcohol) (Wales) Act 2018.