Tom Johnston Makes an Impact at the 2010 Scottish Grocers Federation (SGF) Conference

The next stage of alcohol reform is going through the Holyrood Parliament.  It will have significant impact on all convenience store operators.  Licensing and business law expert Tom Johnston of Young & Partners, Glasgow and Dunfermline, is legal adviser to SGF.  He explains some of the implications for the trade.

Just when you thought you had got the hang of the new law, more changes come along.  In fact it is coming in two stages.  Holyrood is still dithering over the Alcohol etc (Scotland) Bill, which contains the controversial minimum pricing proposals.  In the meantime, the Criminal Justice and Licensing Bill has completed Stage 3, and will soon become law.   One of the most serious issues for the trade is the return of the legal doctrine known as “vicarious responsibility” (now often referred to, incorrectly, as “vicarious liability”).  This is not new.  The concept has been in licensing legislation for years until it disappeared on the first of September 2009.  Under the 1976 Act it meant that a licensee could be prosecuted for certain acts or omissions of his staff, including sales out of hours or to those under age.

At present you can only be prosecuted if you perform such an act “knowingly”.  That is about to change.  It is important to appreciate that the range of people who can be prosecuted is much wider than simply the licensee...

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