Scots want clarification over grandfather rights
by John Harrington
Trade leaders are calling for the Scottish Executive to clarify its plans for grandfather rights under Scotland's new licensing laws.
The Scottish Executive last week announced that hosts would be entitled to 'partial grandfather rights under the Licensing (Scotland) Bill, which ministers hope will usher in a new licensing regime in 2009.
The executive's deputy minister for public service reform, George Lyon, promised 'some exemptions where licensees would be allowed grandfather rights.
But crucially, the executive is not proposing to grant grandfather rights on trading hours.
Lyon said the executive 'does not propose to create a two-tier system, with some continuing to operate under their existing conditions and hours.
'I am sure most would agree that this would be a recipe for confusion and this would not help either the industry or the consumer, Lyon added.
The executive suggested three cases where Licensing Boards would allow licences to be converted:
l If a pub that would otherwise have its licence bid refused because of the location or condition of the premises could make the necessary changes within 12 months.
If there is no change to the pub's size, capacity or 'type of operation.
Where certificates for building, planning and food hygiene can be transferred on a 'like-for-like basis.
The Scottish Beer & Pub Association is due to meet ministers from the executive this week to clarify the issue of grandfather rights.
Stuart Ross, boss of Scottish brewer and pub operator Belhaven, called the executive's plans for grandfather rights 'a muddle.
'It needs a bit of sorting out so hopefully that will become clear soon, Ross said.
Colin Wilkinson, secretary of the Scottish Licensed Trade Association, said: 'Most people assume they will get the hours that they have at the moment, but that's just an assumption. We are in limbo at the moment.
A transition period of 18 months has been proposed for Scotland, under the timetable for reform that was released last week.
The new system is set to go live on an appointed day about one and a half years after February 2008.
