A free-for-all for Scotland?

Adam Withrington examines the proposals of the Nicholson Committee for licensing reform.

Last week Kirsty Scott, a Scottish columnist for the Guardian, wrote of her country: "Booze is our pride as well as our poison. It is Hogmanay and Rab C Nesbitt."

She wrote this following the announcement of the proposals for licensing reform put forward by the Nicholson Committee last month. The proposals have been called Scotland's most significant move towards licensing reform in the 27 years since the 1976 Licensing Act.

If the Scottish Executive takes all the proposals on board, then the Scottish licensing system will be more liberal and alcohol will become more widely available than it is now.

The Nicholson Committee was appointed in 2000 when major problems with health and public order signalled a decisive social change.

The number of alcohol-related deaths in Scotland has doubled over the past 10 years and, according to reports, late-night disorder, fuelled by cheap booze promotions, has left the NHS with a £1.5bn bill for cleaning and repairing services.

Sheriff Gordon Nicholson QC was appointed to chair the committee, which was charged with drawing up proposals to pave the way for licensing reform. The committee was made up of politicians, such as deputy leader of the Liberal Democrats Menzies Campbell, legal professionals and representatives from trade and health organisations.

The proposals are now in a period of public consultation and the Scottish Executive hopes to issue a White Paper in the New Year.

The committee issued a set of licensing principles that stated legislation should ensure (a) the prevention of crime or disorder, (b) public safety, (c) the prevention of public nuisance, (d) public health, and (e) protection of children from harm.

Sheriff Nicholson's committee definitively concluded that the way to tackle the problems Scotland has is to liberalise the current system.

Permitted hours will be done away with, potentially making it easier to get 24-hour licences. Children will be allowed into any pub, and supermarkets and off-licences can apply for 24-hour licenses.

Paul Waterson, chief executive of the Scottish Licensed Trade Association (SLTA), welcomes many of the proposals put forward by the Nicholson Committee, including the introduction of separate personal and premises licences.

However, he feels that the potential relaxation of controls on sales of alcohol will not work.

He said: "It is a brave move but I don't see how some of these proposals by Nicholson will uphold the licensing principles. With the abolition of permitted hours you will see clubs opening earlier trying to cut into pubs' hours and vice versa. Plus with the introduction of the operating plan there will be a free-for-all with licences."

All retailers will go to their local licensing board with an operating plan outlining everything they want, from hours to music and food.

However, one of the proposals put forward by Nicholson will allow any outlet to apply for a licence to sell alcohol to be drunk on the premises, including supermarkets. In theory Safeway could apply in its operating plan for a licence for one of its big sites in Edinburgh to sell booze between 10pm and 1am.

Mr Waterson continues: "I don't see how allowing all children under 18 into a pub upholds the last principle, which is for the protection of children."

However, Menzies Campbell (pictured)​, who sat on the Nicholson Committee as well as the Clayson Committee, which advised on the 1976 act, believes that the liberal approach addresses the health and social problems that Scotland faces.

He said: "The Nicholson proposals represent a sensitive and sensible balance between people's interests. If you crack down too hard you end up with a situation like Chicago in the 1920s when Prohibition was in force and crime ruled the city. I adhere to the view that it is not licensing hours that are the reason for people drinking excessively. If people want to do that they will find a way. Here we are trying to strike a balance.

"The licensing principles promote health and public safety. All licensing boards will have discretion when they hand out licences but will use that discretion within the bounds of these defined principles."

The Scottish Executive now has a great opportunity to solve the country's serious health and social problems.

The path to licensing legislation will be a difficult one but as its decision earlier this month to stick by the trade's Smoking Charter rather than imposing a ban shows, the Executive is capable of coming to sensible conclusions.