The Scottish Executive has published the Licensing (Scotland) Bill, which is the first major overhaul of the licensing laws in 30 years. Jack Cummins was a member of the Nicholson Committee whose findings provide the basis of the Bill.
Mr Cummins, who edits the law journal, Scottish Licensing Law and Practice, looks through the Bill for BBC Scotland's news website and gives his perspective of its contents.
The traditional happy hour will be consigned to history, with on-licensed premises banned from changing the price of alcohol over a 48-hour period.
Specific types of drinks promotions are also outlawed, including those involving products likely to appeal largely to persons under 18.
 |  Future applications for so-called 'superpubs' could face an uphill struggle |
Members' clubs, which come under the full control of licensing boards for the first time, are included in the promotions controls - but, controversially, supermarkets and other off-sale premises have escaped the net.
But that may only be a temporary reprieve, as I understand that Scottish Executive will conduct research into the effects of off-sale discounting and may yet take action.
Otherwise, the on-trade - already facing the effects of a smoking ban - will fear the loss of custom from stay-at-home drinkers making cheap purchases from off-sales outlets.
The 48-hour rule is based on Glasgow Licensing Board's successful policy designed to curb binge-drinking, which insists upon consistent daily pricing of alcohol. Similar measures have already been taken in the Irish Republic.
Immediate suspension power
Effective enforcement mechanisms will be a key feature of the new regime. Local authorities will employ licensing standards officers tasked with ensuring that operators are observing their licence conditions.
Failure to remedy any breaches will result in a report to the licensing board and, for the first time, the board will be empowered to order the immediate suspension of a licence.
At present, where a licence is suspended, trading can continue while an appeal is pending - possibly for as long as two years.
 The Bill ends promotions like this one |
Licensing boards may currently refuse a new licence application on the ground of "overprovision", simply looking at the numbers and types of licences in a particular locality.
In future, the assessment of overprovision will involve a much more sophisticated exercise. Boards will be under a duty to assess provision in localities, in consultation with the chief constable, local residents and "such other persons as the board thinks fit".
They must take into account the types of premises and their capacities - so future applications for so-called "superpubs" could face an uphill struggle.
Some licensing boards are likely to create saturation zones, where new licences will only be granted in the most exceptional circumstances.
'Vexatious' objections
Edinburgh Licensing Board presently regards the Cowgate area as a "no-go area" for new licensed developments, while recent applications in the city's George Street area were granted in the face of determined opposition from the chief constable.
Communities will be given a much louder voice in the licensing process. Under the current law, the categories of public objectors are restricted to community councils, bona fide residents' groups and "occupiers of premises in the neighbourhood".
The Bill would allow any person to objection to an application or seek a cutback in hours, provided that the objection is not "frivolous or vexatious".
The current system of basic permitted hours supplemented by annual extensions will be swept away. Proposed trading hours will be set out in an operating plan and may be accepted, rejected or modified by the licensing board.
But there will be a presumption against 24-hour opening, which has been a theoretical possibility in Scotland since 1977. The new approach could, however, open up the possibility of longer opening for off-sale premises.
Currently these may only trade until 10pm, with a start time of 8am on weekdays and 12.30pm on Sundays.
There's bad news for petrol filling stations with off-sale licences. The Bill provides that licences may not be granted for premises selling motor fuels or motor vehicles.
Rural problems
There's no guarantee that garages which presently benefit from licences will make their way into the new system. That could spell real problems for rural communities which depend on garages for grocery facilities.
Proposals for children's access to licensed premises will require to be set out in an operating plan, giving boards much more control than at present.
In a clampdown on underage sales, licensees will be expected to operate a "no proof, no sale" policy.
The Bill's Parliamentary procedures are expected to be completed by the end of the year, but the subsequent formulation of ministerial guidance and drafting of regulations will not be completed until 2007, when the transition to the new system will get under way. 
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