Reform in Scotland is put on hold

The Scottish pub trade fears it has been left in limbo by the newly-elected Scottish government, after plans for licensing reform were apparently put on the back-burner.

Key issues such as legally-defined training needed by potential licensees and the restriction of new licences may be left undecided for a year or more as licensing boards await guidance for new laws.

Politicians have closely linked reform of Scottish licensing, which is a separate system from licensing in England, Wales and Northern Ireland, with the need to address the social problems associated with alcohol.

The independent Nicholson Committee, which has spent two years reviewing all aspects of licensing law and practice in Scotland, has now submitted its recommendations to the Justice ministry.

However, the job of deciding how and when to proceed with licensing reform now rests with newly-appointed justice minister Cathy Jamieson, who took up the role following last month's election.

With a wide range of law-and-order measures due to move from the manifesto to the statute books, the pressure on Parliamentary time is already showing.

The new government has now set out its priorities for legislation. The justice ministry will consider action to increase the numbers of police on the beat, measures to tackle drug crime and youth crime, and reform of the legal and prison systems.

Moving forward on the Nicholson report is described as "supporting activity" for the ministry, giving it a lower priority.

Paul Waterson, of the Scottish Licensed Trade Association, said: "This apparent delay is a major problem for licensees. At the moment, many decisions which need to be made are simply being put off by licensing boards."

One example is the urgent need to define the training and qualifications needed to make a potential licensee legally 'fit and proper' to hold a licence.

"The law sets out the requirement, but not how to meet it," said Mr Waterson.

"Many licensing boards are hiding behind the Nicholson report on this and other issues to avoid making a ruling, in case there's a later legal challenge. The trade is in limbo."

A spokeswoman for the Scottish justice ministry said: "There is a heavy legislative timetable, but it may be that some recommendation can be includes in other bills or implemented without specific legislation."