Licensed Trade In Meltdown Over New Drink Laws
August 31 2009
The first major overhaul of Scotland's licensing system in 30 years is in turmoil on the eve of its introduction, as new figures reveal that thousands of pubs, clubs, off-sales and even supermarkets will effectively be operating illegally from tomorrow.
Eight years since the idea to address alcohol misuse and tackle Scotland's drinking culture with legislation got off the ground, and 18 months since the transition into the new Act began, local authorities are in administrative meltdown processing the necessary consents required for tomorrow to sell liquor legally.
Amid claims that the new Licensing (Scotland) Act is forcing the closure of four pubs a week and that one fifth of venues, mainly in rural Scotland, have already shut, the head of one of the country's two main licensing boards has claimed that Scotland's licensed trade could be "on the brink of closing down".
Confusion over what is expected when the legislation comes into force, and how it will be policed, have led to appeals to the Scottish Government and the licensing authorities to announce a clear enforcement moratorium for any retailers affected by delays plaguing the system.
The Herald understands that licensing boards and police forces have entered into an understanding that they will adopt a "softly softly" and "common-sense" approach to enforcement in the first few months.
Chief inspector Stuart Neill, the new head of licensing at Strathclyde Police, said that the new laws now give scope for tackling drunkenness in premises and town centres, as new sanctions lower the thresholds and increase the grounds on what the police can complain to licensing boards on.
He also said the new powers to shut problem premises with immediate effect were welcome.
Leading health professionals also believe that what remains of the Act has potential to reduce overall consumption across the population.
Happy hour promotions, which encourage alcohol consumption for people who buy one or more drinks, will be outlawed in pubs and clubs while supermarket and shop displays of drink must be contained to one stand-alone area. Customers will also be entitled to free tap water in bars and clubs, and soft drinks must be "responsibly priced".
People can, for the first time, object to or support an application to a licensing board anywhere in the country.
More contentious rulings on bans on supermarket "promos" and a minimum pricing system have been moved into different legislation, despite Edinburgh and Dundee announcing that they will explore if there is room within the new laws to ban promotions in off-sales.
The new laws are also designed to tighten up the trade and modernise the licensing system by requiring venues to have three separate consents before they can sell alcohol: premises and personal licences and nominated managers. However, a survey conducted by The Herald found that several areas have not even begun issuing licences, while thousands of venues have not even named a manager.
Stephen Dornan, chairman of the Glasgow Licensing Board, said: "This act is a total shambles and is putting us in the position where we will have to allow licensed premises to trade unlawfully."
Patrick Browne, of the Scottish Beer and Pub Association, described it as a "mess". He said: "The industry has been warning the Scottish Government about emerging problems in the process of transition for several months, but most of the time those concerns have been ignored."
Source; TheHerald.co.uk
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