The Scottish Government is responsible for the alcohol licensing system in Scotland.
Any premises which wishes to sell alcohol must obtain a licence. These licences are administered by local licensing boards comprising local councillors yet independent of the local authority. Statistics on the number of licences currently held in Scotland can be found on the Scottish Executive website.
The Licensing (Scotland) Act 2005 received Royal Assent on 21 December 2005, and reforms the current legislation which dates back to the 1970s.
The aim of the new legislation is to:
- Simplify and modernise the existing legislation (the Licensing (Scotland) Act 1976, and the relevant parts of the Law Reform (Misc. Provisions) (Scot.) Act 1990;
- Balance the rights of the majority of people who drink responsibly against the need to protect local communities from nuisance and crime associated with misuse of alcohol;
- Provide strong monitoring and enforcement powers;
- Establish a more inclusive system for all those with an interest;
- Support responsible members of the licensed trade; and
- Allow local flexibility balanced with consistency of decision making.
The successful passage of the Licensing Bill followed a detailed programme of work carried out by the Scottish Executive and by our stakeholders and partners.
The Nicholson Committee, chaired by Sheriff Principal Gordon , was established on 28 June 2001 to "review all aspects of liquor licensing law and practice in Scotland, with particular reference to the implications for health and public order; to recommend changes in the public interest; and to report accordingly." The Committee's Report was published on 19 August 2003. This was followed by a period of public consultation.
During this period, the First Minister announced the formation of a further Working Group, the Working Group on Off-sales in the Community, to be chaired by Peter Daniels, Chief Executive of East Renfrewshire Council. That Group had the following terms of reference:
"In the light of the evidence from Sheriff Principal Nicholson's Review of Liquor Licensing, and from consultation on the Antisocial Behaviour Bill, to consider the issues surrounding the regulation of off-licences and to make recommendations to Ministers on:
- the scope for better engagement and consultation at community level on the grant of licences
- management and enforcement mechanisms which will help to prevent off-licences being a focus of anti-social behaviour"
The report of the Working Group was published on 2 February 2004.
The Scottish Executive conducted a consultation exercise on proposals for a Bill - Licensing (Scotland) Bill: A Consultation on Liquor Licensing, was published on May 17, 2004. The responses and a consultation analysis were also published.
Policy for the new Licensing system was also developed by the Expert Group on licensing who looked at a range of issues during 2004.
Methylated Spirits
The Licensing (Scotland) Bill removes restrictions which stop the sale of methylated spirits in Scotland on a Sunday, and to any person under the age of 14. The Executive's consultation on this matter closed on 1 August 2005, and analysis and responses are available to view.
For further information, write to the Licensing Team at 3-H South, Victoria Quay, Edinburgh, EH6 6QQ