Return of "fit and proper" licence test in Scotland

Police will get more say over who can become a licensee in Scotland - with the return of the "fit and proper" test.

The right of police to comment on an application to become a licensee was scrapped in Scotland's new Licensing Act, which goes live next year.

But Justice Minister Kenny MacAskill (pictured) has vowed to re-instate the test.

He said: "There are some people who should not be allowed to sell alcohol. The fit and proper person test gave police the right to give information to help licensing boards identify these individuals.

"I have listened to the concerns of our police officers and a number of Licensing Board members and I have decided that the fit and proper person test was a loss to the licensing system and so I will reinstate the necessary police powers.

"We need to make sure that we have responsible licensees that sell alcohol responsibly. If we are going to change Scotland's relationship with alcohol we can't have all manner of criminals and hoodlums allowed to sell alcohol."

But trade experts said anyone with relevant convictions will already be unable to get a licence as things stand.

Scottish Beer & Pub Association chief executive Patrick Browne said: "We appear to have a Government condoning suspicions about people when they have not been convicted of offences.

"Criminals shouldn't have licences at the moment anyway. I don't see how this is change is going to help."

The fit and proper test was also scrapped in the current Licensing Act for England and Wales.

MA legal editor Peter Coulson said: "I doubt the UK Government will follow the Scottish National Party on something like this. It would require a major change to the Act that I don't think they will want."

Meanwhile, the Scottish Government has confirmed it will push for minimum pricing, extra fees for alcohol retailers and a ban on shop sales to under-21s.

The action will depend on the outcome of its controversial consultation that proposes some of the toughest regulation on alcohol in recent UK history.

In a new report outlining plans for the coming year, the Scottish Government said the changes "may be delivered through planned criminal justice and licensing legislation".

Jeremy Beadles, chief executive of the Wine and Spirit Trade Association, hit out at the "nonsensical" plan to restrict shop sales to over-21s.

"Instead of actually enforcing the laws available to tackle problems associated with alcohol misuse, the SNP has decided that headlines are more important than progress."

He questioned the timing of the announcement before the consultation ends.