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Wednesday, June 16, 2021


Advice and opinions from one of Scotland’s leading licensing lawyers, Jack Cummins


A song that’s tough to follow

There’s precious little good news around for the trade, but the reopening of music venues in level one and two areas has allowed a further easing of the so-called ‘music ban’ in hospitality premises permitted to serve alcohol indoors.

Certification is a tricky issue

COVID status certificates could create a number of challenges BELIEVE it or not, there is a precedent for mandatory inoculations. The Vaccination Act of 1853 introduced...

Legal fight was a non-starter

The courts are unlikely to second-guess difficult health decisions

Licensed trade is a soft target

The pandemic has taken a wrecking ball to the hospitality sector, now staring into an abyss; and there’s a question many are asking: “Is the licensed trade being offered up as a sacrificial lamb in pursuit of an anti-alcohol strategy?"

Making a meal of COVID levels

Back in 2013, Allan Gallacher, a Glasgow barman, found himself in the dock after allegedly breaching ‘breakfast licence’ rules

Circuit breaker is more like a bomb blast

It may be cutely called a “circuit breaker” but a ban on the sale of alcohol in almost every hospitality setting is more accurately described as the equivalent of dropping an atomic bomb on thousands of businesses across the country
Empty pub pic interior

Curfew reasons are ‘delusional’

“What fresh hell is this?” Those words of Dorothy Parker, the American novelist, come back to mind as soon as the first minister embarks on a Coronavirus review.
Waiter with face mask taking payment from customer

Stay correct on Test and Protect

It looks like a very straightforward requirement. Hospitality businesses are now under a legal obligation to collect customers’ contact details to support the NHS Test and Protect service

Risk assessment for COVID a must

When lockdown was imposed at the end of March, Scottish Government regulations imposed extraordinary restrictions on civil liberties, the likes of which we hope never to see again

‘Killjoy’ outdoor drinking bans are here to stay

When the reopening of outdoor areas was kicked down the lockdown-easing route map last week, sections of a frustrated public found bright sunshine and the availability of takeaway pints an irresistible temptation. But almost immediately a row has broken out over “killjoy” byelaw bans