Pubs in Scotland to lose grandfather rights

Pubs in Scotland face losing their grandfather rights when its new licensing regime comes into force in 2007.

Calls by the trade for the Scottish Executive to follow the England and Wales example of allowing pubs to retain their existing rights has been rejected in a letter from licensing minister George Lyon, MSP.

The Scottish Beer & Pub Association (SBPA) in partnership with the British Hospitality Association and the Scottish Grocer's Federation wrote with their concerns to the Executive's licensing minister, George Lyon, MSP in July.

They want him to give "reassurances" that all licensed premises will have their existing hours transferred over to the new licensing regime.

However, in a letter to the SBPA Mr Lyon said: "It has always been clearly stated that wholesale grandfather rights in Scotland, following the England and Wales model, would not be pursued, a position reiterated by my predecessor."

He has confirmed that alternative approaches would be considered in dealing with the issue of transition and advice on the framework for the new system taken by five licensing board clerks.

Mr Patrick Browne, chief executive of the SBPA, said: "Obviously we are disappointed that the Executive have ruled out "wholesale grandfather rights" in Scotland on the comparable basis to England and Wales, but the Minister's response implies that they may consider some form of fast tracking of some applications in Scotland during transition to the new licensing regime.

"We are meeting with the Licensing Minister on August 25 and will use the opportunity to reinforce to him the need for action to allow a smooth transition for the industry to the new regime. It is sad that the Executive seems to have placed more emphasis on the views of five licensing clerks than they have to the views of the industry."

The Scottish Executive has always indicated that "grandfather rights" - added in at the last minute in the English reform - are unlikely to be considered under the new system.

Scotland's licences will be abolished to be replaced by a premises licence and a personal licence, while permitted hours will also be scrapped to allow licensing boards to set closing times.