Nicholson Report Founded on Fairness, Flexibility and Responsibility

Licensing law specialists at commercial law firm, Harper Macleod, have given a cautious welcome to the recommendations of the Nicholson Report, published today (19 August 2003). Experts at the firm have also refuted claims that the Report will lead to a 24-hour drinking culture, claiming that commentators have misunderstood the proposals of the Nicholson committee.

Proposing the biggest overhaul in Scotland's licensing laws for almost 30 years, the Report contains some 90 recommendations based on the five Nicholson principles: prevention of crime and disorder; promotion of public safety; prevention of public nuisance; promotion of public health and the protection of children from harm.

The single most significant proposal is the replacement of statutory permitted and trading hours for on-sale and off-sale licences.  In future, applicants for a licence will have to submit an operating plan outlining the proposed nature of the licensed premises and the hours they would prefer.  In addition, the seven types of licence currently available will be abolished in favour of licences granted to both the premises and an individual, envisaged to be either the owner or manager. 

Harper Macleod's Licensing Practice Group Leader, Joanna Brynes commented; "Speculation that the Nicholson Report will pave the way for widespread 24-hour drinking is hugely misleading.  Under current licensing legislation, licence holders can already apply for an extension to their operating hours which could result in them trading for 24-hours.  This did happen in some areas at the Millennium.  Whilst the system recommended by the Nicholson Report will abolish statutory operating hours in favour of applicants proposing their own hours, it will be up to the licensing boards to determine the conditions of the licence granted. Any grants should always be subject to the five Nicholson principles.  It seems highly unlikely that licensing boards concerned with the prevention of crime and disorder and the promotion of public health will be prepared to move to a widespread grant of 24-hour licences in anything other than specific circumstances.  The well-being of the local community and the concerns of the local police will also be a consideration for boards."

Brynes continued; "The benefit of allowing for more flexible operating hours is that multi-themed venues such as Glasgow's Corinthian - which features a nightclub, restaurant and numerous bars under one roof - will be subject to an all-encompassing licence which reflects the more fluid and flexible way in which people socialise.  The sometimes cumbersome process of applying for and renewing licences and extensions will be replaced by a system in which the licensee becomes far more accountable and must have clear justifications in applying for the hours proposed. This encourages a much more responsible and fair approach to the whole issue of licensing."

The Nicholson Report also raises concerns about the growing trend for 'happy hours' and 'deep discounting', which can encourage binge drinking.  It recommends that a standard condition attached to licences should make the licence holder accountable for discouraging excessive alcohol consumption, paving the way to an end to cut-price promotions where alcoholic drinks can cost as little as 50p.

One recommendation of the Report that has given cause for concern is the replacement of the Children's Certificate with the simple requirement that under 18s must be accompanied by one or more individuals aged 18 years or more.   Nicholson recommends the setting up of a National Licensing Forum to devise a standard list of conditions which will be applied to any area of premises where the licensee proposes to allow access to children, leaving the whole issue wide open.  It will be important to establish a clear and consistent set of conditions to ensure that children are not taken into unsuitable premises and that licence holders do not come up against the restrictive issue of food consumption, not least to ensure that the fifth principle is upheld.   

Brynes commented; "A current requirement of the Children's Certificate is that children can only enter licensed premises for the purpose of taking a meal, which does not correspond to certain family functions such as parties or weddings where children may be attending but the main purpose does not involve food."

Brynes concluded; "The way in which Scots socialise has revolutionised over the past 30 years and the Nicholson Report is well overdue in acknowledging that our licensing laws require a significant reappraisal."