Scottish licensing: act now, licence later

By James Wilmore

- Last updated on GMT

Related tags Personal licence Scotland

A new Licensing Act takes full effect in Scotland this week, but according to industry chiefs the transition is looking "chaotic". As if pubs didn't...

A new Licensing Act takes full effect in Scotland this week, but according to industry chiefs the transition is looking "chaotic".

As if pubs didn't have enough to deal with at the moment, many licensees north of the border are facing a red-tape nightmare with the new legislation.

One of the major aims of the Act - which replicates much of the legislation introduced in England and Wales in 2005 - is to replace a system currently requiring seven licences to operate with one that requires just two: premises and personal.

But despite an 18-month lead in to the Act, many pubs still don't have their premises or personal licence in place.

Paul Waterson, chief executive of the Scottish Licensed Trade Association, originally argued for the outgoing 1976 Act to be updated instead of a whole new regime being introduced.

He said the main problem with the new Act is a major backlog in premises licences being issued to pubs by licensing boards.

And, to add to pubs' woes, some Scottish police forces are believed to be threatening to shut down venues that don't have a premises licence by tomorrow (September 1).

"The government is asking for a common-sense approach, but some police forces are saying they will just close people down," said Waterson.

However, the Scottish government remains confident the authorities will not be heavy-handed.

"We expect police and licensing boards to take a common sense approach," a spokeswoman said.

Nevertheless, there is talk of licensing boards dragging their feet in the issuing of personal licences.

The problem in some areas is that premises licences are not being issued until a personal licence is in place.

The government has granted publicans two months' grace until November to get their personal licence. But those without a personal licence are not eligible to give their staff any official training - another major aim of the new laws.

Mandatory training

Under the Act, training becomes mandatory for staff for the first time.

However, Waterson said: "In many places, people have been waiting over six months for a personal licence. The problem is if you do not have your personal licence you cannot train your staff and you have to buy in training. Local authorities have had loads of time to get this in place and it just hasn't happened. It's really bad administration."

The Scottish Beer & Pub Association is also unimpressed with the authorities' handling of matters.

Chief executive Patrick Browne said there's been a "lack of overall strategy" from licensing boards, which will also have powers to grant new opening hours on a case-by-case basis under the Act.

"The majority have not issued premises licences until there has been a personal licence issued," he said. "We have progressive meltdown."

Browne also suggested that up to 40 per cent of licences already issued have mistakes on them, including some personal licences with the wrong date.

"Licensees have been left in a bit of a quandary because they don't know whether to send them back and risk not having a licence for September 1, or keep hold of it until the start date has passed," he said.

The fifth objective

A major difference between the Scottish Licensing Act and the legislation south of the border is the inclusion of a fifth licensing objective.

The Act contains the four objectives for England and Wales:

• prevention of crime and disorder

• public safety

• prevention of public nuisance

• protection of children from harm

However, in Scotland a fifth objective has been added, that of "protecting and improving public health".

Because of this, drinks promotions in pubs and bars will come under the spotlight as never before.

Conditions covering promotions mirror in many ways the mandatory code of practice that Westminster is proposing to implement in England and Wales.

Offers such as "All you can drink for £10" will be outlawed, and buy-one-get-one-frees will also fall foul of the Act. Again, the majority of the measures are aimed at the on-trade.

However, the off-trade may not escape if the Scottish National Party get its way and introduces minimum pricing next year.

Waterson is convinced this is the way to tackle off-trade pricing. "The supermarkets are causing so many problems in the trade," he said. "There's no doubt that minimum pricing is the answer."

And overall, Waterson believes the start of the new regime is just the beginning of the matter for licensees.

"This Act will definitely throw up more questions than answers," he said. "There will be all sorts of challenges and we have a long, long way to go."

Countdown to the Act

  • May 2001: The independent Nicholson committee is set up to begin its review of Scottish licensing laws
  • August 2003: The Nicholson Committee publishes its report on licensing, recommending a major shake-up
  • December 2005: The new Licensing Act receives Royal Assent in Scottish parliament
  • February 2008: The transitional period for the new regime begins
  • September 2009: The new Licensing Act takes full effect, replacing the 1976 Act.

Related topics Licensing law

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