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The history of Scotch whisky has to a significant degree been shaped by excise legislation, ever since the first tax was imposed on it by the Scots Parliament in 1644. The parliament passed an Excise Act fixing the duty at 2/8d (13p) per pint of ‘aquavitae or other strong liquor’ – the Scots pint being approximately one third of a gallon.

Over the next two centuries, many changes were made to the legislation surrounding the taxation of whisky, but one factor that never changed was the determination of some distillers to operate illicitly, cutting out any proceeds for the treasury altogether.

In the early 1820s as many as 14,000 illicit stills were being seized each year, and it was estimated that more than half the whisky consumed in Scotland had been distilled without benefit of licence. In 1822 there were no fewer than 6,278 prosecutions for illicit distilling. 

The following year saw the passing of perhaps the most significant piece of legislation ever enacted in relation to Scotch whisky. The Act was an attempt – largely successful, as it turned out – to stifle the extensive trade in illicitly-distilled whisky.

The Excise Act encouraged legal distillation by cutting duty to 2s 5d per gallon, a historic reduction of more than 50 per cent, and a minimum still size of 40 gallons was sanctioned. A licence fee of £10 per annum was introduced, the concept of duty-free warehousing was developed, and distillers were free to export to England and overseas. 

One of the key figures behind the Excise Act of 1823 was the 4th Duke of Gordon, who had extensive estates throughout north-east Scotland, an area that was the very heartland of illicit distillation. Gordon proposed that if new legislation was put in place to make legal distilling more attractive, he and his fellow landowners would do all in their power to uphold the law as diligently as they could and evict anyone convicted of illicit distilling.

The advantages were perceived as being more revenue for the government, despite the lower level of duty, and opportunities for the lairds to make money out of the rash of whisky-making operations that would surely be built as a result of the proposed legislation. Remarkably, no fewer than 79 new distilleries were commissioned between 10th October 1823 and 9th August 1824, with the number of licensed distilleries rising from 111 in 1823 to 263 by 1825.

Perhaps the most significant name from a north-east of Scotland ‘Speyside’ perspective to join the list of legal distilleries was that of Glenlivet, where Captain George Smith began to distil legally at his Upper Drumin farm in 1824. However, Smith’s father, Andrew, had been distilling on the site since 1774, without ever feeling the need to acquire a licence! 
Glenlivet was notable as being the first distillery in the Highlands to be licensed in the wake of the 1823 Excise Act, with support from the Duke of Gordon. Not that the newly licensed Glenlivet flourished without interference, however. Many of Smith’s compatriots considered him a traitor for ‘going legit,’ and as he wrote some years later, they threatened to “…burn the distillery to the ground, and me at the heart of it. The laird of Aberlour presented me with a pair of hair-trigger pistols worth ten guineas, and they were never out of my belt for ten years.”

According to legend, Smith only ever had recourse to his pistols on one occasion. This occurred in a tavern where he stopped for refreshment after delivering some whisky to a customer, and involved a number of would-be thieves, keen to relieve wealthy travellers of their money. When they approached Smith, he drew one of his pistols and fired it into the fireplace. He was allowed to finish his drink in peace.
As a legitimate distillery, Glenlivet supplied high quality single malt to Scotland’s thirsty, expanding population centres to the south, and in terms of reputation, all other Speyside distilleries soon came to exist in its shadow.

One effect of the 1823 Excise Act was a move away from very small, localised licensed distilleries in southern and central Scotland, with larger whisky-making concerns reflecting the general trend towards bigger, more professional and integrated commercial activities across the UK. 
Indeed, Scotland had already witnessed a tendency towards the development of an industry focused on a relatively small number of extensive distilleries, with the likes of Kilbagie, Kennetpans, Glenochil, Cambus and Carsebridge among the most significant. This consolidation continued apace in the wake of the 1823 Act, though the Highlands were still characterised by a larger number of individually smaller distilling operations.

To give a clear idea of just how significant the 1823 Excise Act really was, many of the distilleries and single malts we now value most highly were licensed within a decade or so of its enactment. Not all of these were ‘new builds,’ of course, with some, usually farm-based, having previously operated under the radar without licenses.

The list of distilleries in question includes Balmenach, Ben Nevis, Benrinnes, cardhu, Edradour, Fettercairn, Glen Scotia, Glencadam, GlenDronach, Glenfarclas, Glengoyne, Glenkinchie, Miltonduff, Royal Lochnagar and Talisker   as well as many others no longer in existence.
While a very strong case can be made for declaring the 1823 Excise Act to be the single most important piece of excise legislation relating to Scotch whisky, a case can also be made for the 1860 Spirit Act which legalised the blending of malt and grain whiskies under bond for the first time. But that is another story for another day.

The Deil's awa wi' the Exciseman - Robert Burns

"The deil cam fiddlin' thro' the town, 
And danc'd awa wi' th' Exciseman; 
And ilka wife cries,  Auld Mahoun, 
I wish you luck o' the prize, man.

The deil's awa the deil's awa, 
The deil's awa wi' the Exciseman, 
He's danc'd awa he's danc'd awa 
He's danc'd awa wi' the Exciseman.

We'll mak our maut, and we'll brew our drink, 
We'll laugh, sing, and rejoice, man; 
And mony braw thanks to the meikle black deil, 
That danc'd awa wi' th' Exciseman.

There's threesome reels, there's foursome reels, 
There's hornpipes and strathspeys, man, 
But the ae best dance ere came to the Land 
Was, the deil's awa wi' the Exciseman.

The deil's awa the deil's awa , 
The deil's awa wi' the Exciseman, 
He's danc'd awa he's danc'd awa  
He's danc'd awa wi' the Exciseman."

…burn the distillery to the ground, and me at the heart of it.

In this intriguing piece, Gavin D. Smith delves into the relationship between taxes and the Scotch Whisky industry.

1823 EXCISE ACT

Historical

In our inaugural Blog entry, Guest writer Ian Buxton explores the seemingly unglamorous distillery mill. The unsung hero of whisky distilleries.

The Distillery Mill

Useful Info

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70 cl

47.2%

Paris Edition

Macallan Distil Your World

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35th Anniversary

Macallan Private Eye

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750ml

47.8%

Family Reserve 2014

Pappy Van Winkle's 23 Years Old

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Minor scratch to seal

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Approx 5cl

37.8%

1970 Miniature No.17 | Incl Certificate

Springbank 50 Years Old 1919

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Small nick to neck label.

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26 2/3 fl.Ozs

45.7% vol

Wm. Cadenhead Bottled 1979

St Magdalene 15 Years Old 1964

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Please refer to images for general condition.

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75 cl

Midleton Very Rare 1984

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Minor marks to case

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43.7%

Decades 1-6 & Globe-Trotter Suitcase With Prints

Macallan James Bond 60th Anniversary Release

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No outer brown cardboard box

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2023 Release

Macallan 30 Years Old Sherry Oak

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57.1% vol

2025 Estate Single Cask ESH-11802/05

Macallan 20 Years Old 2005

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Refer to images for general condition

1999-2000 Vintage Cask Strength

Karuizawa Masterpieces in 8 Colours

49.3%

1999-2000 Vintage Sherry Butt

Karuizawa Masterpieces in 8 Colours 1st Batch

52.1%

Karuizawa Masterpieces in 8 Colours 2nd Batch

51.8%

Karuizawa Masterpieces in 8 Colours 3rd Batch

48.5%

Karuizawa Masterpieces in 8 Colours 4th Batch

52.2% vol

Karuizawa Masterpieces in 8 Colours 5th Batch

51.1%

Karuizawa Masterpieces in 8 Colours 6th Batch

Karuizawa Masterpieces in 8 Colours 7th Batch

49.4%

Karuizawa Masterpieces in 8 Colours 8th Batch

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Minor marks to box.

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50.7%

Cask No. 4989

Ardbeg Single Cask 1974

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Minor creases to box

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1981 Special Selection

Macallan 1964

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46.8% vol

Release One

Rosebank 31 Years Old Remarkable Cask

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The World Is On Fire Series No.1 - Burnobennie X Peter Howson & Framed Print

Macallan 33 Years Old 1989

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70cl & 1.5cl

51.2%

2024 Countdown Collection 2nd Release (70cl & 1.5cl)

Springbank 26 Years Old

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52.5%

2018 Douglas Laing's XOP | Cask Ref.DL12418

Probably Speyside's Finest (Glenfarclas) 50 Years Old 1967

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Drawer does not stay closed

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Mexico Edition

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Folio 2

Macallan The Archival Series

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700ml

Sherry Oak (Pre 2018)

Macallan 25 Years Old

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43.2% vol

Signatory Vintage Cask Strength Collection (No. 4467)

Bowmore 40 Years Old 1970

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Folio 4

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Very minor scratches to box.

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51.5% vol

Signatory Vintage Cask Strength Collection (No. 4686)

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700 ml

52.3%

'The Devil's Cask' No. 666 | Feis Ile 2019

Bowmore 22 Years Old 1997

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