Scotland - Licensing - More changes possibly afoot!

Battle weary or battle hardened (as the case may be) operators in Scotland should be alert to the introduction of a new Alcohol Bill in the Scottish Parliament on 1st April. No joke, we promise.

The explanatory notes published with the Bill indicate that the Bill contains 10 distinct measures with a single common theme - namely the consumption (and over consumption) of alcohol. The two main aims are to improve public health by discouraging irresponsible alcohol consumption and to tackle the consequences in terms of anti-social and criminal behaviour.

The measures in the Bill will:

1. Place restrictions on the retailing of alcoholic drinks.
2. Make changes to the licensing Laws.
3. Place obligations on the Scottish Ministers to publish, review and report on its alcohol education policy and
4. Direct certain people whose offending and / or anti-social behaviour is attributable to alcohol consumption towards treatment or restrictions on that consumption.

In particular:

Section 1 of the Bill further restricts multi-pack discounting by prevent licensed premises from selling larger multi-packs of alcohol at a discount relative to smaller multi-packs, even when a single can, bottle or other container of the same alcohol product is not sold in the same retail outlet.

Section 2 introduces a new mandatory Licence condition prohibiting the sale of ready mixed alcoholic drinks containing caffeine at a level greater than a limit to be prescribed by Scottish Ministers.

Section 3 - Section 5 seeks to expand the scope of the local consultation and to increase the length of time available to respond to a consultation on a new Licence application or on an application to vary an existing Licence from 21 to 42 days - thereby delaying the whole process.

Section 6 - 13 sets out proposed provisions in relation to certain restrictions in alcohol advertising including a ban on alcohol advertising near schools etc and other prohibitions.

Part 2 of the Act introduces new offences involving alcohol including the creation of a Court Order (a Drinking Banning Order) similar to what we already have in existence in England and Wales.

Perhaps a more controversial proposal, Section 31 would place a duty on a Court which has convicted an individual aged 16 or over of an offence, where it appears that consumption of alcohol was a contributory factor in the offending, to notify the individuals G.P practice according (where the practice is known).

The explanatory note to the draft Bill which, to become law, will have to complete the full Scottish Parliamentary process, can be found here.

If this Bill becomes ultimately enacted, it will be, we believe, the sixth piece of legislation on licensing in as many years.