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Tuesday, October 26, 2021


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

Barperson pulling pint

Gaps remain in protection law

Hospitality workers have always been exposed to threatening and abusive behaviour from senseless – even violent – customers.

Nightclubs: singled out or just the beginning?

The Scottish Government's passport plans are fraught with issues and require clarification, writes Jack Cummins.

An occasionally vexing problem

THE occasional licence: a lifeline for hundreds of businesses trading in outside areas during the pandemic – but also one of the most problematic parts of licensing legislation.
Person being arrested

Don’t fall into the offences trap

Past convictions can be a sticking point in applications

A framework for confusion

The constantly-changing road map now referred to “certain outdoor live events” being permitted, giving operators the false hope that, subject to licence conditions, these could be staged with two-metre distancing

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
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