New Scottish 'licensing and public health' proposals largely unworkable, expert says

A private member's bill proposed by Richard Simpson, a member of the Scottish Parliament (MSP), would also require courts to notify the GP of an individual convicted of an offence involving alcohol. Simpson's proposals will now be scrutinised by the Scottish Parliament, which may amend or reject them.

Simpson, who is a former GP and the Labour Party's spokesman for public health, said that his proposals would help to tackle antisocial and criminal behaviour caused by irresponsible alcohol consumption. However Frances Ennis, a licensing law expert at Pinsent Masons, the law firm behind Out-Law.com, said that the proposals would be difficult to implement and enforce.

"The Licensing (Scotland) Act 2005 was supposed to take a fresh approach to the licensing of alcohol sales in Scotland, but since then numerous pieces of additional legislation – many of which, as in this case, have been driven by the health lobby – have begun to undo the attempt made by that Act to consolidate and simplify the law in this complex area," she said.

"One of the main problems with the Scottish licencing system is not the lack of appropriate legislation. If the vast majority of existing legislation was properly funded and implemented ,  then there would be little need for additional provisions," she said.

"As it is, the proposals contained in this private member's bill - while undoubtedly made with the best of intentions – are largely unworkable. Addressing anti-social behaviour through the use of DBOs, for example, sounds great in theory – but how would they be defined and policed when those involved in compliance with the legislation already struggle to implement the existing laws?" she said.

The proposed Alcohol (Licensing, Public Health and Criminal Justice) Scotland Bill contains ten proposals covering changes to licensing laws, restrictions on the retail sale and advertising of alcoholic drinks and new obligations for the Scottish government to publish, review and report on its alcohol education policy. It also contains provisions aimed at treating or restricting over-consumption by "certain people whose offending or antisocial behaviour is attributable to alcohol consumption", according to an explanatory note published alongside the bill.

The new DBOs, which would be created by the legislation if passed in its current form, could be used against a person over the age of 16 who had engaged in "criminal or disorderly conduct" while under the influence of alcohol. DBOs would be used to "protect other people" from that individual's conduct, including protecting their property from "unlawful loss or damage". DBOs could either be granted by a sheriff on application by police or local authorities, or issued by a criminal court on conviction of an alcohol-related offence. DBOs would last for between two months and two years, and breach of them would be a criminal offence.

New licensing provisions set out in the bill would double the period of time for which an application for a new premises licence must be displayed from 21 to 42 days, and prevent the imposition of conditions restricting off-sales to those aged over 21, rather than 18. The bill would also further limit multi-pack discounts, introduce a legal limit on caffeine content in pre-mixed alcoholic drinks and restrict alcohol advertising near schools or at cultural or sporting events "mainly involving or aimed at" those under the age of 18.