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THE LICENSING (SCOTLAND) BILL: AN ANALYSIS OF CONSULTATION RESPONSES
FIVE: LICENSING HOURS
15. Do you agree that there should be a presumption against 24-hour opening in Scotland with limited exceptions set out in statutory guidance?
5.1 Eight-five submissions mentioned this question, with three fifths in agreement. Some of those agreeing with this proposal included conditions and qualifications in their comments. Despite general agreement, in principle, that there should not be round the clock opening, it was thought that the presumption should not be enshrined in statute. Round the clock facilities like ferry and air terminals were deemed appropriate exceptions and it was thought that 'limited exceptions' would be difficult to define.
5.2 A significant, varied minority (nearly half of which consisted of half of all the respondent boards) opposed the proposal. The vast majority believed that this should be left to the discretion of the board based upon local knowledge and not statutory guidance. Off-sales and trade representatives made the point that many people are now working irregular times, so they often do grocery and other shopping outside of the current permitted hours.
5.3 One health organisation noted that it would not oppose 24-hour opening on health grounds as people are individually responsible for their drinking, but advised that if it became prevalent there should be a programme of research into the impact of 24-hour opening on health, acute and long term. One consultee suggested that there should be restrictions so that premises could only be open a certain number of hours in the day to ensure proper maintenance.
16. What limited exceptions should be allowed?
5.4 Recurrent suggestions for exceptions were New Year, festivals, national events and sporting events of international importance; 24-hour shops and supermarkets; and airports and other transport terminals. Many comments echoed those provided in expansion of answers to Question 15.
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