Cross-border whisky row and a fight to preserve Scotland's single malt

It is a cross-border dispute which might just not be smoothed out over a dram.

As English whisky fights to be recognised, its cousin over the border is robustly defending what is - and importantly what is not - a single malt.

English Whisky was officially granted protected Geographical Indication (GI) status by the UK Government last month, making both "English Whisky" and "English Whiskey" legally protected names.

The Scotch Whisky Association has appealed the designation - in conjunction with its counterparts in Ireland and Wales - saying the process used south of the border “breaks the crucial connection with single site and place”.

Now, the trade body behind the manufacture of English whisky has branded the appeal as “both misplaced and somewhat over the top”.

Morag Garden, chief executive of the English Whisky Guild, said she was “somewhat bewildered” by the appeal, insisting the issues raised only apply to a small “subset” of English distilleries.

The SWA, along with the Irish Whiskey Association and the Welsh Whisky Association, said they had hoped a “mutually beneficial resolution” could be found, with compromises offered to the English association, but an agreement had not been reached.

A geographical indication status protects a product’s name and quality based on origin and can be applied to food, drink and agricultural products.

The Scottish body said its issues with the GI status centred on the fact that English whiskies are often made in processes spread across more than one site, with the fermenting process happening in a different location to the main distillery.

The Scotch Whisky Association has lodged an appeal. (Picture: Jeff J Mitchell) | Getty Images

A spokesperson for the Scotch Whisky Association said: “We recognise the significance of English Whisky securing GI protection, and have been consistently supportive of a GI for English Whisky. The Scotch Whisky industry remains concerned that the GI allows Single Malt English Whisky to be mashed and fermented away from the distillery, breaking the crucial connection with single site and place.

“We have decided to appeal the decision to protect the Scotch Whisky industry’s huge investment in the high quality and reputation of the single malt whisky category. As the appeal process is underway, we will not offer further comment at this time.”

The SWA’s proposal was that a malt whisky which is not mashed, fermented and distilled at a single distillery should be described as “English Malt Whisky”. The process being carried out in this way cuts the costs of making whisky for distillers in England.

It is also understood it would have agreed to a transition period which would allow distillers who currently do not meet that requirement to continue selling it as single malt until the end of that period. After the end of the grace period, any malt whisky not so produced would have needed to revert to use of the description “English Malt Whisky”, giving distilleries time for deciding and planning appropriate production investment or labelling changes.

It is believed these proposals were rejected by EWG.

England is home to 55 registered whisky distilleries, with 45 of them active. In Scotland, there are over 150 distilleries, with more in the pipeline.

A separate joint statement from the Irish Whiskey Association, Scotch Whisky Association and Welsh Whisky Association said: “We hoped that a mutually beneficial resolution could be found to both protect the integrity of the Single Malt category and allow the English GI to proceed.

“Despite efforts to find an agreement, including offering compromises to the English Whisky Guild, our Associations remain concerned about inconsistencies in approving the English Whisky GI, both in terms of process and future practice.”

It added: “The whisk(e)y producers we represent have a proud, long-standing and unrivalled tradition of making world-class whisk(e)y. We want to see high-quality definitions, which underpin a high-quality Single Malt category enjoyed by millions around the world.”

The first definition of Scotch in UK law came about in 1933, with a dedicated Scotch Whisky Act in 1988 and new Scotch Whisky Regulations in 2009.

Ms Garden said: “The English Whisky GI codifies existing practices in the English Whisky Industry, such as the definition of ‘single’ as set out in the now approved GI. Without the English Whisky GI, these practices would continue without any regulation.

“I find the objections slightly bewildering as the industry in England started this way in 2003, with Hicks and Healey producing wort at St Austell Brewery and would continue without the GI. Of the 70 English distilleries, this discussion is relevant to a subset of 12 distilleries.

“I think the debate would be far more interesting if it focused on some of the genuinely ground-breaking elements of the English Whisky standard. For example, English Whisky must be made exclusively from UK-grown grain, a commitment that sets it apart from other whisky standards around the world.”

She added: “We have also taken an innovative approach to wood policy, providing flexibility while maintaining quality and integrity. In addition, the standard embraces innovation by permitting the use of contemporary distillation technology and modern still designs.

“Finally, it is worth noting that the English Whisky GI closely follows the approach already adopted within the Single Malt Welsh Whisky GI and the US standard. Against that backdrop, the strength of the opposition seems both misplaced and somewhat over the top.”

At the time the product was given GI status in September, Dan Szor, chair of the English Whisky Guild, said it was a “defining moment” for English whisky.

In Holyrood, MSPs, including First Minister John Swinney, have previously expressed concerns over the UK government plans to allow English whisky a geographical indication which is the same definition as Scottish single malt.