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Last Updated: Monday, 17 May, 2004, 14:52 GMT 15:52 UK
Drink law reforms explained
Proposals to reform Scotland's licensing laws have been published by Justice Minister Cathy Jamieson.

Licensing expert Joanna Brynes, an associate with Boyds Solicitors in Glasgow, looks at the background and the measures contained in the white paper.


A review of liquor licensing in Scotland was announced by the then deputy minister for health and community care, Malcolm Chisholm, in December 2000.

Student night sign
Some licensing boards have cracked down on drink promotions

This led to the appointment of the Nicholson Committee. Its report, which made 90 recommendations for reform, was published in August last year.

In February a second report was published, this time by the Daniels Working Group on off-sales.

The white paper is the Scottish Executive's response to these reports and proposals for the future of Scotland's liquor licensing law.

Ministers have endorsed the "licensing principles" identified by Nicholson, against which any application for a liquor licence should be measured.

They are:

  • the prevention of crime or disorder

  • the promotion of public safety

  • the prevention of public nuisance

  • the promotion of public health

  • the protection of children from harm.

Proposals in the white paper include "a crackdown on irresponsible drinks promotions" in an effort to avoid binge drinking and anti-social behaviour.

Some licensing boards, such as Glasgow, have already brought in strict regulations.

Under these, happy hours are effectively banned, as are drinks promotions which may encourage binge drinking. Some discounts are acceptable but they must run for a minimum 24 hour period.

The justice minister accepted that while Scotland may have some problems with anti-social behaviour linked to excessive drinking, social attitudes to alcohol and its consumption had changed and that had to be reflected in any new law.

Conditions will regulate issues such as operating times for the premises, access to children and the types of entertainment allowed
She said the new law should "reflect modern Scotland" and that the current law was "out of step with these social developments".

Public disorder and safety was another issue for the executive when considering how to take matters forward.

To deal with this, a system of conditions on each licence is proposed.

Licensees will be monitored by liquor licensing standards officers appointed by each board. They will ensure compliance with the conditions and will report any problems back to the board.

It is envisaged these conditions will regulate issues such as operating times for the premises, access to children and the types of entertainment allowed.

In addition, it is proposed that there will be national licence conditions which all licensees across the country will have to comply with, such as a "no proof no sale" ID systems.

Pub customers
Two reports have looked at drinking laws
At present, the category of people who can object to a new licence application is quite wide and includes, for example, those living in the vicinity of the premises.

This is restricted by the requirement that the objector must be able to show that their amenity will be affected if the licence is granted.

The white paper recommends widening the field of potential objectors to a new licence application.

It is thought this will allow boards to take account of "local feeling" and that it will "help ensure that community views are heard before the board takes a decision".

On the other hand, those drafting the legislation will have to be careful not to extend this net too wide as it is important those objecting are affected in some way by the grant of the licence.

The consultation on the proposals will run until 31 August.




SEE ALSO:
Jamieson outlines drink measures
17 May 04  |  Scotland
Off-licence law reforms outlined
02 Feb 04  |  Scotland
Major shake-up for drinking laws
19 Aug 03  |  Scotland
Report cures history's hangover
19 Aug 03  |  Scotland


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