Mixed response for Scotland's licensing u-turn

Related tags Grandfather rights Scotland

New licensing concessions for pubs handed out by the Scottish Executive have been met with a mixed response by the trade in Scotland.Although there...

New licensing concessions for pubs handed out by the Scottish Executive have been met with a mixed response by the trade in Scotland.

Although there is still no wholesale provision for pubs to carry over "grandfather rights" when the new licensing regime is introduced north of the border, existing venues have been told they will now be exempt from closure as a result of local over-provision.

Pubs have also been told they will not have to provide building standards, planning and food hygiene certificates if the transfer is on a like-for-like business. But all pubs will still be forced to reapply for their licences, with no guarantee they will be able to carry over existing conditions when the new regime north of the border comes in.

The new licensing system in Scotland will be up and running before the end of 2009 if an 18-month transition period, set to begin in February 2008, goes to plan.

Paul Waterson (pictured)​, chief executive of the Scottish Licensed Trade Association (SLTA), told thePublican.com: "In the past the Scottish Executive has said there is no way it would hand over any sort of grandfather rights. That was an unacceptable condition and the trade wasted no time in saying so. Now it has done a complete u-turn. This is a step forward and it is very welcome."

But the Scottish Beer & Pub Association (SBPA) said the announcement owed more to "political spin" than it did to limited grandfather rights.

"All premises that are currently licensed will have to reapply for their licences and this will be subject to full consultation and objection, even if a premises has been operating for decades without any current problems," said Patrick Browne, SBPA chief executive.

"'Grandfather rights' mean that there is a presumption of continuity of trade and existing trading hours and conditions are taken forward. The executive's announcement yesterday does not do these."

Both the SLTA and the SBPA were due to discuss their remaining concerns with the executive this week.

Related articles:

Pubs in Scotland to lose grandfather rights (18 August 2005)

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