Scottish Government

Repeal of Section 26 of the Revenue Act 1889 and Methylated Spirits (Sales by Retail) (Scotland) Act 1937

Analysis of responses to the consultation

Background

Section 26 of the Revenue Act 1889 (the 1889 Act), which formed part of the control system that applied to licensed retailers of methylated spirits, prohibits the sale of methylated spirits between the hours of 10 pm on a Saturday and 8 am the following Monday. Section 26 of the Revenue Act 1889 is an outdated piece of legislation that imposes an unnecessary restriction without serving any useful purpose. At the time, a retail excise licence was needed to sell methylated spirits at a cost of ten shillings per annum. Since the end of retail excise licences in the 1960s, there is no longer any revenue implication of keeping the provisions contained in section 26 of the 1889 Act. Its only role has been to support the social law in its restrictions on Sunday trading. The introduction of the Sunday Trading Act 1994 made this last remaining function obsolete.

The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (the 1937 Act) which controlled the sale of methylated spirits and surgical spirits in Scotland was largely repealed in 1998. However, section 1(2) which prohibits the sale of methylated spirits to any person under the age of fourteen still applies.

Those provisions were introduced to address a specific social problem of the time. In the 1930's the drinking of crude spirits was a considerable social problem and methylated spirits in particular was a cheap alternative to more expensive forms of alcohol. We now consider the restriction to be outdated and redundant.

The terminology of 'methylated spirits' has also been replaced by terminology that refers to 'denatured alcohol' which underlies European legislation. Removal of the remaining provisions of the 1937 Act would result in a consistent position with England and Wales.

This report has been based on 29 responses to the consultation documents. The breakdown of respondents was as follows:

No responses were received from individuals.

Overview

Section 26 of the Revenue Act 1889 (the 1889 Act)

An overwhelming majority of respondents (90%) were in favour of repealing Section 26 of the 1889 Act. All those who supported the proposal agreed with the Executive's view that this is an outdated provision.

The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (the 1937 Act)

The majority of respondents (59%) were in favour of repealing the 1937 Act which was introduced to address the social problems of the time, and which respondents considered was no longer relevant.

A significant minority (28%), however, expressed concern that if the restriction were removed, more effective measures to control young people's access to alcohol, eg through enforcement of proof of age schemes and the banning of "low-alcohol" drinks such as "alcopops" would lead to vulnerable individuals turning to more readily available alternatives. The majority of these respondents also commented that removal of the existing restriction may undermine the existing common law offence relating to the sale of solvents to minors, and would prefer new legislation in the model of the Intoxicating Substances (Supply) Act 1985 (England and Wales). One respondent commented that the proposed repeal would undermine its declared duty of care to young people with regard to harmful substances.

Table of responses [1]

Question 1: We are seeking your views on proposals to remove the prohibition of the sale of methylated spirits on a Sunday in Scotland (Section 26 of the Revenue Act 1889)

Tables of responses

Question 2: We are seeking your views on proposals to remove the prohibition of the sale of methylated and surgical spirits (denatured alcohol) to those under 14 in Scotland (The Methylated Spirits (Sale by Retail) (Scotland) Act 1937).

[1]Key to respondents

Local Authority Chief Executives Department (LACE)

Local Authority Education Department (LAED)

Healthcare/Social Work

Licensing Board (LB)

Police Authority

Professsional Association

Trade Organisation

Voluntary Organisation

The Way Forward

Scottish Ministers have decided to revoke both pieces of legislation. Their decision will be reflected in the provisions of the Licensing (Scotland) Bill currently before Parliament.

View the consultation documents and responses