At present, there is no official definition of English Whisky, but the creation of a statutory definition is under discussion - The English Whisky Guild has applied for a Geographical Indication in order to establish a legal definition.

In 2022, The British Standards Institute published it’s first guidelines on how English whisky should be produced and packaged.

• must be produced in England
• aged for at least three years in wood
• caramel in colour
• must not be sweetened or have additives
• Alcoholic strength should be at least 40%

In Scotland, there are a multitude of rules, regulations and restrictions defining what is allowed.

English whisky producers are able to create a wide range of unique and flavoursome whiskies that are not possible to produce in Scotland. This diversity is one of the things that makes English whisky so exciting and interesting.

English whisky producers are free from a number of restrictions that exist for Scottish distilleries.

• Freedom to use any type of cask
  Scottish whisky must be aged for at least three years in oak casks which have previously been used to mature sherry, bourbon, or other spirits. English whisky producers, on the other hand, can use any type of cask they choose, including virgin oak, wine casks, even beer casks.
• Freedom to use any type of grain
  Scottish whisky must be made from at least 51% malted barley. English whisky producers can use any type of grain they choose, including unmalted barley, wheat, corn, and rye.
• Freedom to add other flavourings
  Scottish whisky cannot contain any added flavourings, other than water and caramel colouring. English whisky producers, on the other hand, are free to add other ingredients to their whiskies, such as fruit, spices, and herbs.
• Freedom to innovate
  English whisky producers benefit from a more relaxed regulatory environment overall. For example, they are not required to submit their whiskies for approval by a government agency before release for sale.