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

27InterpretationE+W

This section has no associated Explanatory Notes

(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).