Landmark achievement

2024 marks the bicentenary of seven Scotch whisky distilleries. Stewart McRobert explains the significant event.

Governments don’t always make wise decisions. However, the restrictive and controlling Excise Act of 1823 brought in by the British Government is one decree that has had a positive long-term impact. In fact, it played an essential part in making Scotch Whisky the world’s favourite spirit.

While the Act’s main aim was to make sure the state did not miss out on valuable taxes, one of its consequences was a revolution in whisky production. Among other measures, the Act set a £10 licence fee for stills and duty levels for grain spirits. Similarly, it encouraged warehousing of spirits before duty was paid.

Surprisingly, even though it was a comprehensive document of 51 pages and 139 clauses, only a few were related to tax. The remaining chapters contained detailed prescriptions of how distilleries should be built, the process of liquid flow, and the equipment required. Any producers who dared deviate from these guidelines paid a heavy price. The consequences included a loss of their licence and a hefty fine of £200.

Partly as a result of this harsh approach, many previously illegal distilleries became licensed in 1824. In the intervening time a significant number have come and gone, but seven have made it to their 200th anniversary. They are:

• Balmenach, Grantown-on-Spey
• Cameronbridge, Leven
• Cardhu, Archiestown
• Fettercairn, Laurencekirk
• Glenlivet, Ballindalloch
• The Macallan, Elchies
• Miltonduff, near Elgin

300 years

Looking further back, the production of whisky in Scotland was first recorded in 1494. For the next 300 years, people carried on distilling spirits relatively freely until private distilling was banned in 1781 to stop untaxed spirit production. Later, the Illicit Distillation Act of 1822 introduced harsh punishments for producing, supplying and consuming illegal whisky.

Arthur Motley, Managing Director of the Dormant Distillery company, which owns Royal Mile Whiskies in Edinburgh, has studied the 1823 Act closely. He says: “In the years before the Act we had a situation where major distillers were distilling legally in the south and central belt of Scotland. They were making a relatively unpalatable, ‘noxious spirit’ that was not appreciated by drinkers. The tax situation meant they made whisky using relatively little malted barley and often some other ingredients, including vegetable matter and unmalted grains. They distilled it quickly in shallow stills with little copper contact.”

In contrast, to the north and on the islands, there were huge numbers of illicit distillers making whisky using much more malt, or exclusively malted barley, in small stills with lots of copper contact. This produced a much more flavourful and delicious spirit, and the market responded.

“The distribution of this illicit spirit was controlled by violent criminal gangs,” adds Arthur. “The government had effectively lost control, and they were worried.”

Similarly, a series of tax zones existed, with Scotland split into the highland, the intermediate and the lowland zone where tax was levied differently. This effectively created a smugglers charter with criminals smuggling goods between these zones to avoid tax. The Excise Act abolished the zonal approach and equalised the market.

The Act was primarily aimed at the Highlands and Islands and led to the establishment of new businesses in rural areas, professionalising a previously criminalised trade.

“However, the transition from illicit to legal distillation was expensive,” adds Arthur. “It required significant capital expenditure for new equipment and compliance with the act. That led to friction between those who turned legal and those who persisted in illegal distillation.

“Yet the Act’s emphasis on measurement and control contributed to the development of a more consistent and scientific approach to whisky making. And its detailed requirements for distillery setup and operation are still relevant today, with many elements recognisable in modern distilleries.”

Approximately 167 licensed distilleries were reportedly registered in 1824, and that figure increased to 264 by 1826.

Powerful

In those early years the most powerful people in the land backed the new approach. Alan Winchester, former Master Distiller at The Glenlivet and a keen whisky historian says: “With the exception of Cameronbridge, a lowland distillery, all the new distilleries were very much supported by landowners. They wanted to take control of what had developed into a large illegal industry. Among them, the Duke of Gordon was so keen to encourage legal distillation he had his Factors spread the information through the Kirk and chapels, and encourage illicit distillers to form together and licence their distilleries.

“It’s also fair to say that encouragement was given to enterprising tenant farmers such as George Smith, who produced the ‘Glen Livet’. He was reportedly the first in his area to be given a licence to produce whisky under the new law. However, the massive number of licences ended up in a glut of distillers, and there was quite a cull after a few years.”

Fettercairn Founder, Sir Alexander Ramsay was one enthusiastic landowner and one of the first to apply for a licence in 1824. Although he campaigned for regulation, he did not let hard feelings obstruct business. Ramsay recruited illegal whisky makers to be his first stillmen, recognising that they had the knowledge and skills he needed to succeed in the new environment.

The overall effect of the Act allowed the whisky industry to become a significant contributor to the Scottish economy, and a major employer by the 1850s.

The environment that was created led to the industry’s fast-paced advance. By the late 19th century, Scotland produced significantly more whisky than Ireland, contributing to its success. In addition, the Act’s impact extended beyond the sector, influencing Scottish tourism and culture, and making Scotch an ambassador for the country.

Notwithstanding the innate quality, richness and vibrancy of the product itself, it is widely accepted that what took place in 1823 laid the foundations for the ongoing robustness of the Scotch Whisky industry. It created a framework for development and worldwide recognition that continues to propel us forward.

It seems that, by accident or design, on occasion governments do make wise decisions.

(Boxout) Celebration and quiet reflection

Several of the distilleries first licensed in 1824 have chosen to celebrate their 200th anniversary, while others have opted to let the occasion slip by quietly.

Glenlivet was reportedly one of the first to obtain the licence to distil in 1824 and it was the first of the seven to release an anniversary edition bottling. To mark the bicentenary, the company said it has been “showcasing the brand’s innovative spirit and desire to set new standards of excellence for single malts over the next 200 years and beyond.”

This has included the release of a limited-edition, commemorative 12 Year Old whisky, a category-first launch, with the introduction of the first in The Glenlivet Fusion Cask Series: The Glenlivet Rum & Bourbon Fusion Cask Selection, and the release of an ultra-rare collection, The Glenlivet: The Twelve Elements, which became the inaugural launch from The Whisky Exchange Cabinet, a new blockchain-enabled global marketplace.

In addition, a private event was held at The Glenlivet Distillery in September to thank and celebrate those people across the distillery’s history who helped it reach this historic milestone. Yet another special edition was launched at this event – The Glenlivet Eternal Collection, First Edition, 55 Year Old, in collaboration with computational architect, Michael Hansmeyer (pictured left).

Two centuries have passed since Alexander Reid, founder of The Macallan, distilled the first batch of whisky in his curiously small stills in Speyside and in January 2024 The Macallan launched a 200 Years Young campaign to mark the milestone.

The first whisky release of the anniversary year was Tales of The Macallan Volume II, a 1949 vintage whisky, bottled in 2022. This was followed up by a one-of-a-kind theatrical experience at The Macallan Estate, in collaboration with Cirque du Soleil.

In addition, the TIME : SPACE COLLECTION recognises the brand’s dedication to nature’s timeless guardianship. The collection comprises two whisky releases, both symbolic expressions of The Macallan. TIME : SPACE – with only 200 in existence, the dual chamber vessel includes the oldest whisky released by The Macallan at 84 years old, as well as a second single malt that marks the first from the brand’s new distillery.

TIME : SPACE Mastery – a unique single malt that celebrates the craft of whisky mastery by featuring 14 exceptional cask types.

Cardhu distillery, also known as ‘the Speyside home of Johnnie Walker’, was founded in 1824 by John and Helen Cummings. Originally named the Cardow distillery, Helen trademarked the ‘Car Dhu’ in 1872 after her husband died. Recognising the important role pioneering women have played in the company’s history, Cardhu issued a specially labelled 12-year-old bottling in March to coincide with International Women’s Day.

Fettercairn was initially established by Sir Alexander Ramsay. Since 1973, it has been associated with the owner Whyte & MacKay. This year, to mark ‘two centuries of innovation’ the distillery has produced the Fettercairn 200th Collection. It is a compendium of six rare whiskies housed in a bespoke cabinet. A mere 10 sets have been created. Each houses a bottling of Fettercairn’s rarest expressions: 1963, 1973, 1988, 1995, 1998, and 2021. According to the company each bottle is “an exploration of flavour-led whisky making”.

Cameronbridge is the largest grain distillery in Scotland and the producer of Haig Club. The distillery marked its anniversary with a special bottling (pictured right), and an employee celebration event, which was held in June.

Like The Glenlivet, Miltonduff is owned by Pernod Ricard. However, both it and Balmenach, which these days is more well-known for its gin Caorunn, have no plans to commemorate the 200th anniversary.