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

JurisdictionWales
Citation2018 anaw 5
M is whatever price is specified in regulations as being the minimum unit price for the purposes of this Act, expressed in pounds sterling,S is the percentage strength of the alcohol, expressed as a cardinal number,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) .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;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.to supply alcohol from qualifying premises in Wales, orto authorise the supply of alcohol from qualifying premises in Wales,(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.
An offence under the Public Health (Minimum Price for Alcohol) (Wales) Act 2018.the sale by retail of alcohol to a person in Wales, orthe 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,a premises licence granted under Part 3 of the 2003 Act authorises the premises to be used for the supply of alcohol,a club premises certificate granted under Part 4 of the 2003 Act certifies that the premises may be used for the supply of alcohol, orthe supply of alcohol on or from the premises is a permitted temporary activity for the purposes of Part 5 of the 2003 Act.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;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.(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.it is supplied free of charge by reference to the supply of other alcohol, orother alcohol is supplied free of charge by reference to it,it is supplied at a price fixed by reference to the supply of other alcohol, orother alcohol is supplied at a price fixed by reference to it,(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.in a special offer, 4 cans of lager and 4 cans of cider are supplied together for a fixed price: S

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