New Scottish licensing proposals would close alcohol-buying loophole

The Scottish Government has published a consultation on proposed changes to the alcohol retail licensing regime in Scotland. The measures increase the powers that licensing boards and police have to restrict alcohol sales.

As well as closing the loophole on adults buying alcohol for under-18s, the plans include a proposal that police be able to request that alcohol not be sold in a specified area for 24 hours if an event is taking place there where disorder is expected.

That power exists in England and Wales and is intended to be used in particular in relation to football matches where there is a high risk of disorder. Police in Scotland can currently only to apply for single premises to close.

The proposals would also allow licensing boards to apply new licensing conditions to all licences in an area and would not have to amend each individual licence. The changes would also reintroduce the 'fit and proper' test for licensees, allowing police to present more information to boards about applicants than is currently the case. Information currently must be restricted to that relating to serious and organised crime.

The consultation paper is the result of discussions with a wide range of groups and includes the findings of research by NHS Health Scotland that evaluated the licensing regime. It also took into account a report called 'Rethinking Alcohol Licensing' by Alcohol Focus Scotland and Scottish Health Action on Alcohol Problems.

"Despite the fact the Scottish Government says it has taken all views into account, this is very much an Alcohol Focus-driven document." said Audrey Ferrie, a licensing law expert at Pinsent Masons, the law firm behind Out-Law.com. "It also includes proposals similar to some which have been rejected by Parliament already, such as the power to vary all the licences in an area without individual consultation."