18-month period for licensing transition
18 Aug 05
New licensing regime planned to begin in February 2008 with only limited exemptions for existing licensees
An 18-month transition period, beginning in February 2008, to introduce the new licensing laws has been proposed by the Scottish Executive, it was announced today.
All licensees in Scotland will work under the new system. The Executive does not propose a two-tier system with some premises continuing to operate under their existing hours and licensing conditions, dubbed "grandfather rights". However some limited concessions will be made.
Existing licensees will have exemption from the consequences of the overprovision assessment and from the overprovision ground for refusal of a licence where there is no change to the size, capacity or type of operation taking place. They will also not have to provide building standards, planning and food hygiene certificates where transfer is on a like for like basis. If on a transfer a board is minded to refuse a licence on grounds of the location, character or condition of the premises, but considers that suitable modifications can be made, it must allow the licensee 12 months to make the modifications.
All other aspects of the new legislation would be applied including the provisions covering applications and objections, the requirement to submit a proforma operating plan and layout plan, and the national licence conditions together with any additional local licence conditions.
Deputy Minister for Public Service Reform Geroge Lyon said: "The Executive is committed to reforming our outdated licensing laws which are more than 25 years old and do not reflect modern Scotland or support business development and innovation.
"Scotland has an absolutely appalling record on alcohol. The financial and human cost of irresponsible drinking is enormous.
"Our Licensing Bill is making its way through Parliament. It will support responsible members of the licensed trade. It will protect children and it will protect the interests of our communities."