By Jack Cummins Editor, Scottish Licensing Law and Practice and member of Nicholson Committee

The Nicholson Report will blow away the cobwebs of Scotland's outdated licensing laws like a force 10 gale.

The report is a thoroughly comprehensive package of recommendations - no fewer than 90 - which will change the face of Scotland's much-maligned drinking culture.

Responsible operators stand to benefit from a clearer, more flexible system which better reflects today's social trends, while licensing boards will be in a much more powerful position to deal effectively with the small minority of operators who put profit before their social responsibilities.

Media coverage in the run-up to the report's publication concentrated on two areas likely to receive particular attention from the committee: licensing hours and binge drinking.

Sensationalist commentators suggested that the recommendations would lead to a free-for-all, with pubs and clubs able to open 24 hours.

The reality is that 24-hour opening of on-licensed premises has been a theoretical possibility for the past 26 years.

Licensing boards are bound to be pleased that, for the first time, they will be able to apply sanctions with sharp teeth

The report simply proposes the abolition of the system of fixed basic trading hours, ending at 11 pm, which are presently augmented by extensions.

In future, licence holders will put forward proposed opening hours in their operating plan for the licensing board's approval.

Currently, licensing boards have attempted to attack deep price-discounting by makeshift means.

Perth and Kinross Licensing Board links the availability of extended trading hours to a minimum price scheme, while South Ayrshire Licensing Board has introduced a code of conduct which aims to exert a "positive and discernible influence in dealing with the problem of alcohol misuse".

'Irresponsible promotions'

The report recommends that all liquor licences - including those for off-sales - should be subject to a condition that alcohol-pricing must not "encourage excessive consumption of alcohol".

Breaching that condition is likely to lead to the imposition of a heavy penalty - and new licensing standards officers (already being referred to as "enforcers") are likely to make a crackdown on irresponsible promotions their top priority.

Licensing boards are bound to be pleased that, for the first time, they will be able to apply sanctions with sharp teeth.

At the moment, if a board refuses to renew, or suspends a licence, the operator is able to continuing trading while his appeal is heard - potentially for years.

Willie Rae: Determined to act on report's conclusions`

In future, unless a sheriff decides otherwise, premises will remain closed or with their hours cut during the appeal process.

The appointment of "enforcers" means that errant licence holders now face a much greater risk of detection.

The police, too, may ratchet up their approach to the supervision of pubs and clubs.

In June, Strathclyde's Chief Constable Willie Rae, told BBC Radio Scotland that early implementation of the Nicholson Report was "imperative".

That call for action was made in the context of comments about the link between violent crime and binge-drinking.

Since Mr Rae was a member of the Nicholson Committee, it would be fair to speculate that he has no intention of allowing the new enforcement mechanisms to gather dust.

For its part, Scotland's licensed trade will welcome a simplified system of 10-year, fully portable personal licences, coupled with premises licences of indefinite duration (ending three-yearly renewal applications); training for licensing board members; much clearer and more flexible rules regulating the presence of children in pubs; and the ability to appeal every licensing board decision on a new fast-track to the sheriff principal.