Scottish trade set for reform

Recommendations for the most radical overhaul of Scotland's licensing system in more than 27 years are to be made next month. A white paper will be introduced to the Scottish Executive that could pave the way for a new licensing regime in the country as early as 2005.

If the Scottish parliament opts to adopt the proposals it will turn Scotland's licensing system into one of the most liberal in Europe. It is expected that the proposed licensing laws will follow the recommendations put forward by the Nicholson Committee.

The Nicholson Report, released last year, proposes that Scotland's present system of licences and permitted opening hours should be replaced by a "tailored premises by premises" approach.

This would allow each pub to apply for the hours it wants and would result in staggered closing times. A new system of premises and personal licences would also be introduced. However, the move has alarmed some trade leaders in the country.

Stuart Ross, chief executive of Belhaven Group, said: "The fear is the flexibility of licensing hours could become a bit of a free-for-all. The worry with Nicholson is the flexibility proposed could bring an explosion of different practices and regulations across local licensing boards."

Paul Waterson, chief executive of the Scottish Licensed Trade Association, said: "As with drinks promotions, the trade fears the 'patchwork effect', with different policies from area-to-area. However, the biggest problem remains the number of new licences being issued. In Glasgow, the board has made it clear that it will not consider overprovision as grounds for refusing a licence."

There are 32 licensing boards in Scotland operating different policies on a variety of issues. For example, Glasgow has heavily restricted drinks promotions, while Dundee banned smoking in all pubs applying for children's certificates.

And Edinburgh Council is considering early closing times in a bid to curb the growing trend for stag and hen parties there. Shutting venues at 10pm is one proposal it is considering to cut down on alcohol-related trouble, as is a ban on happy hours and drinks promotions.

As well as a crackdown on irresponsible promotions the report calls for the introduction of a national proof-of-age card and the creation of liquor licensing standards officers. But justice minister Cathy Jamieson has already said that she is unlikely to accept the Nicholson suggestion that all ages should be allowed unsupervised access into licensed premises.

The Nicholson Committee​

The Nicholson Committee was formed by the Scottish Executive in 2001 to review licensing laws north of the border. It was asked to pay particular attention to the implications for health and public order and to report back to Scottish ministers with any recommended changes which it felt would be in the public interest.