Drinking-up time confusion

One of the main practical differences between the new Scottish Licensing Act and its English counterpart concerns drinking up time.

Section 63 of the Scottish Act retains their 15-minute drinking-up period when the new law comes into effect. However, many people have pointed out to me that there is nothing about drinking-up time in the 2003 Licensing Act for England and Wales, and so there have been conflicting assumptions at local level on this issue as well.

In fact, with the exception of children, the actual consumption of alcohol under the new law does not figure strongly. It is not a licensable activity, and, therefore, what will appear in the operating schedule of each premises licence will be a statement of the hours during which alcohol will be sold or supplied.

In addition, the Act requires simply that the schedule should reveal "any other times during which it is proposed that the premises are to be open to the public."

Clearly, if premises continue to be open beyond the time stated in the schedule for the supply of alcohol, that time can legally be used for consumption. So, if the new agreed terminal is 1am and the applicant states that the premises will remain open until 2am or even 3am, then consumption may continue, but no further supplies may be made.

In certain instances, representations have been made within the licensing objectives concerning closing of the premises, rather than hours for licensable activities. Several councils are worried about places staying open for consumption of bulk supplies purchased just before the scheduled terminal, effectively defeating any desire on their part to have customers on their way home by a specified time.

The other route may be planning. If planning permission applies a restriction as to hours of opening, rather than trading, then this can effectively act as a second string for curtailing hours. There has already been an interesting case on this very point - concerning the car park of a Midlands pub - and the advent of the smoking ban may see planning conflicts very much back in the picture.

Remember that there must be representations made: the council cannot restrict opening hours without them. And they must be sure that any restriction is within the licensing objectives and can withstand an appeal.

But one thing is true. There is no statutory drinking-up time under the new law, as there is now, and it is up to the operator of the premises to say when people should leave.