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From Clayson to Nicholson: Which Way?
by TG Johnston - June 2002
As the Nicholson Committee reaches the half way point in its deliberations, speculation is growing on the final nature of its recommendations. Some hints may be gleaned from an address given to the Central Law Training annual licensing conference by its chairman, Sheriff Principal Gordon Nicholson QC. Although at pains to stress that no final decisions had been reached, Nicholson gave some insights into the work of his committee.
Interestingly, the first topic of substance addressed was the issue of Human Rights. All new legislation is now scrutinised closely for compliance with the European Convention on Human Rights. The courts have held that a liquor licence is a "possession" which can confer rights and obligations, and the committee accepts this. This suggests to me that some of the more restrictive reforms favoured by such as the Scottish Licensed Trade Association, who wish a moratorium on new licences, are unlikely.
It seems likely that attempts will be made to simplify the range of licences available. It is almost certain that the differentiation between licensing law on a Sunday and on weekdays will go. What is much more difficult to predict is the committee's recommendation on the basic permitted hours. It is often forgotten that Clayson envisaged an extension of hours as being a very rare event, not the bulk of a licensing board's work as it is today. The Committee members intend to visit the Isle of Man, where licensing hours have been abolished altogether. On the other hand they are alive to the public order issues raised by many. One suspects that this will be one of the most difficult balancing decisions which the committee will face.
Questions of health and the promotion of sensible drinking are very much in the minds of the Committee. Many influential groups such as the Scottish Advisory Committee on Alcohol Misuse have made powerful representations in this area. Happy hours and promotions which encourage binge drinking are often cited as examples of bad practice; however, it is sometimes very difficult to draw the line between irresponsible gimmicks and genuine, acceptable promotional activity which is part and parcel of any retail operation. Seven bottles of champagne for the price of six seems to be favoured by the good Sheriff! He sensibly recognises that, "licensing legislation on its own (cannot) bring about a major diminution in the incidence of alcohol-related illness or of rowdyism on our streets…"
His expressed hope is that the reforms to be proposed by his committee, "will be relevant and appropriate for the present day and will be capable of serving Scotland reasonably well for at least some decades to come." Let us all drink to that.
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