Trouble brewing for licensees if new baby law comes into force

Licensees could soon face hefty fines and possible imprisonment if they refuse to allow mothers to breastfeed their children on pub premises.

A Scottish MP is launching a bid to give mothers a legal right to breastfeed their babies in public and if the idea gets the go ahead it could affect pubs across the UK.

The proposals would protect mothers' rights to breastfeed in pubs and could leave licensees or barstaff who object facing a sex discrimination case. If the law is passed in Scotland it is likely England and Wales will follow suit.

At the moment there is no law governing breastfeeding in public, but legal experts warn licensees are treading a thin line if they ask a customer to leave.

"There's no law saying women can or can't breastfeed in public," said Neil McGann, of thePublican.com's legal team at Joelson, Wilson & Co.

"If a licensee doesn't have a children's certificate he could rightfully ask the customer to leave.

"On the other hand, if a customer has purchased food and drink the licensee would be hard pressed to ask them to leave as they have entered a contractual relationship," Mr McGann added.

"It could also be possible for a customer to complain of sex discrimination.

"I would suggest that if licensees have a problem with breastfeeding, or feel that some of their other customers might, they ask the mother to feed the child in another room."

Labour's Elaine Smith, who is pressing for the bill, says she is confident of securing the necessary support for her proposal, especially as Scotland's health minister Malcolm Chisholm is sympathetic to her ideas.