• Bans on ‘irresponsible’ promotions
• Minimum pricing
• Local guidance on raising the minimum age for purchase from shops to 21
• A social responsibility fee
• Restrictions on marketing materials

Following a public joint industry letter prepared by the WSTA the opposition parties united in calling for proper parliamentary scrutiny of the proposals some of which were due to be enforced as early as September 2009. The Government announced on 24 March that all the measures would now be included in a new alcohol Bill. In a letter to opposition spokespersons, Minister for Parliamentary Business Bruce Crawford said: "Having taken account of the representations made, the Government now proposes to introduce a new health bill that deals with a range of alcohol measures, including minimum price per unit of alcohol, alcohol promotions, limiting the use of marketing material, wine glass sizes, sale of alcohol to persons under 21 and the social responsibility fee”. The measures listed above will therefore now NOT be introduced until after the new Bill has been formally introduced.   

The Scottish Government is now putting together a new Bill team, the alcohol Bill will be written over the summer with draft publication of the Bill expected “before the end of the year”. Meanwhile the Government is consulting economists and advisors over where they should set a minimum price. Once the draft Bill has been published the Committee (probably Health) are likely to call for evidence, hold oral witness sessions and there will be opportunities to debate the details of the Bill within the Committee and in the Chamber. All parties will have the option of laying amendments. It is therefore unlikely that any measures will be enforced before summer 2010.   

Links: Changing Scotland's Relationship with Alcohol: A Framework for Action   

Licensing

On 1 February 2008, Scotland entered a ‘transitional period’ in the run up the commencement of new licensing legislation - the Licensing (Scotland) Act 2005 - the first major overhaul of Scotland’s licensing laws in 30 years. The Licensing (Scotland) Act 2005 comes fully into effect at 5.00am on 1 September 2009. The 2005 Act is, in many respects, similar to the English Licensing Act 2003: it features the four English licensing objectives: Preventing crime and disorder; Securing public safety; Preventing public nuisance; Protecting and improving public health; Protecting children from harm; but adds another - "Protecting and improving public health".   

The Act creates one class of licence - the premises licence - and also introduces personal licences for those working in the trade. The administration continues to be carried out by licensing boards, but the Act has created new "Licensing Forums" in order to increase community involvement, and "Licensing Standards Officers" who have an information, mediation and compliance role.   

The revised Licensing Regulations require all alcohol retailers to re-apply for, and receive, a new license by September 2009 in order to continue to trade. In addition, off-sales premises must now site all alcohol in one single display area; all premises managers must hold a valid personal licence and be on the premises when alcohol is sold; alcohol cannot be sold before 10am or after 10pm; and all staff, involved in the sale of alcohol, must complete specific training.  

The regulations are implemented under schedule 3 of the 2005 Act, therefore failure to comply with the requirement will be dealt with by licensing boards as a breach of a licence condition. A range of sanctions will be available for this including written warnings, suspension or revocation of the licence. This is consistent with all other breaches of licensing conditions under the Act, in relation to any licensed premises. The monitoring of compliance will be a task for the new Licensing Standards Officers.  

Links: Licensing (Scotland) Act 2005