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Nicholson: Where Now?
BY Tom G Johnson March 2004
When the excellent report of the Nicholson Committee was published, it was declared, somewhat loftily, that the report had to be taken as a whole. The Scottish Executive was warned not to adopt a pick and mix approach. That approach may have worked for the author of the Book of Deuteronomy, but to expect a similar response in 21st century Scotland was perhaps a trifle optimistic.
Within weeks of the appearance of Nicholson, another committee was set up to look at problems and issues surrounding off sale premises. The Daniels committee was set up to consider Off Sales in the Community. Announcing the formation of the working group the First Minister made some remarkable comments, effectively denouncing some sections of the off trade. The Scottish Grocers’ Federation, (SGF) which was represented on the working group, started its representations by deploring these sound bite comments as unfounded and unhelpful.
When one sees a learned and thoughtful report turned into a political football so early, one fears for its smooth transition on to the statute book. Obviously, all interested parties are seeking to have there say, and the debate rages on. Nine months after publication, where are the lines being drawn?
The proposal for the single premises licence is under attack from a variety of sources. The Scottish Licensed Trade Association (SLTA), the Bar Entertainment and Dance Association (BEDA) and the SGF all oppose it. The SLTA’s position is a little curious as its representative on the Nicholson Committee did not dissent from the committee’s recommendation on this point. At the root of their opposition is a fear of a free for all on opening hours.
Nicholson recommended that there should be no set permitted hours. The proposed opening hours for licensed premises would be set out in its operating plan. The operating plan would have to be approved by the local licensing board. As licensing boards would comprise the same people as they do now, it was anticipated that local variations would remain. This patchwork licensing system has been much criticised by all sectors of the trade. Contrary to what many board members may believe, most licensees do not want additional hours as such. They recognise that there is a finite market. Thos who seek additional hours beyond the norm are seeking a competitive edge. If additional hours are granted, then others in the trade feel they have to follow suit, and the spiral continues. It is worth remembering that pre 1976, the closing hour was 10pm. The licensed trade was one of the fiercest opponents of this hour being extended. When Christopher Clayson recommended a system of extension of permitted hours beyond 11pm, he anticipated it would be used only in exceptional circumstances. What the licensed trade wants above all is fairness and certainty. It does not trust local licensing boards to deliver these.
One part of Nicholson which will not become law relates to children. The committee recommended that there should be a presumption in favour of allowing children of all ages into licensed premises. The Justice Minister has voiced her clear opposition to that proposal. This will be a matter for board approval. One earnestly hopes that the ludicrous Children’s Certificate rules will be swept away, and replaced with something sensible.
The publication of the report was accompanied by much publicity on the evils of binge drinking. I was critical of the report for effectively saying nothing on that point. Chapter 13 could have been written by Sir Humphry. It effectively says that binge drinking is very bad, that something should be done, and that someone else will have to decide what that should be. Perhaps the criticism was unfair. Nicholson was enjoined by his terms of reference to consider health issues. But how can the law change a nation’s bad habits? The Association of Chief Police Officers in Scotland is believed to favour no relaxation of our drinking laws at present, until the Scottish public is better educated in its use of alcohol. Education rather than legislation is surely the way forward, but one fears that the politicians will not see it that way. We have already had some astonishing comments from a spokesperson on behalf of the Justice Minister suggesting that licensing boards should be allowed to refuse to renew existing licences on the ground of overprovision! Try getting a bank loan for a small shop if that becomes law. In an article which I wrote prior to the publication of Nicholson, I suggested that we needed a first rate report, genuine consultation, and sensible effective legislation. We have the first of these, but I am not optimistic about scoring more than ne out of three.
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