‘Alcohol ASBOs’ bill would see drunks barred from pubs and clubs

The largest members’ bill ever seen in the Scottish parliament provides for “drinking banning orders” (DBO) which would run for up to two years and which local authorities or the police can apply for, even if no criminal offence has been committed.

They could even be handed to under-18s if the courts think a person’s conduct puts others at risk.

The bill has been proposed by Dr Richard Simpson, Labour’s public health spokesman and also suggests laws to ensure GPs are informed by the courts when a person over 16 has been convicted of an alcohol-related offence.

However, lawyers have said the plans could infringe civil liberties and may also be impractical.

A licensing law expert said preventing those of a criminal disposition from obtaining alcohol was “the Holy Grail of licensing policy” but that the plans were “virtually unworkable”.

However, Dr Simpson said: “With Scotland’s alcohol consumption per head among highest in the world, we cannot afford to wait any longer on this issue.

“It will be a positive contribution to Scotland’s culture and a reduction in alcohol consumption, when these fair, workable and effective measures are implemented in to law.”

Advocate Niall McCluskey (pictured) questioned parts of the proposals.

He said: “Informing a GP is a total departure in law. Why should a GP be made aware of a DBO upon conviction?

“It seems much of this type of legislation, preventing access to alcohol, is a sop to not providing sufficient resources to deal with the associated problems.

“Also, how do we define disorderly conduct? This also raises the prospect of people committing a crime for breaching a DBO when no law was broken when it was handed out in the first place.”

A liquor law expert added: “Steps to prevent those subject to a DBO from entering pubs and clubs just ignores other sources from which they might obtain alcohol.

“Cutting off that access, no matter how desirable, is just hopeless.”

Another bill with a proposal described as unworkable would see pubs, supermarkets and clubs wishing to sell alcohol proving they can reduce their customers’ intake.

The plans would see local authorities forced to block bids by businesses for licenses where they are unable to prove they would attempt to reduce customers’ consumption of alcohol.

However, the proposal, contained in the Air Weapons and Licensing (Scotland) Bill has been described as unworkable given as businesses have no control over customers’ consumption habits.

One prominent figure in the licensed trade said: “How do licensing boards reduce consumption? They simply can’t.

“If you want to deal with over-consumption you deal with the over-consumers and those who allowed them to over-consume.

“But you can’t regulate the amount of alcohol people buy for domestic consumption nor the amount they drink in their homes.”