RADICAL plans meant to relax Scotland’s licensing laws became mired in confusion yesterday hours before they were due to pass their final legislative stage.

The turmoil culminated with ministers staging a major climbdown and, instead of extending the opening hours for off-licences, opting to curb them for six days of the week.

The shambles saw ministers and party whips at one stage desperately trying to placate Labour backbenchers and negotiate with other parties at lunchtime, less than two hours before MSPs were due to begin voting on the Licensing (Scotland) Bill at Stage Three. Later, the Bill’s timetable had to be suspended for 15 minutes to allow MSPs and parliamentary staff time to consider late amendments.

Even MSPs from the Labour and Liberal Democrat ruling coalition were taken aback at the last-minute horse trading and privately pointed out that the disarray among ministers was extraordinary given that the Executive Bill had been in the making since 2001. The four-year examination has included two consultations and a White Paper as well as full parliamentary scrutiny.

The legislation is also aimed at cracking down on the booze culture and promoting responsible drinking but that was completely overshadowed as a row over opening hours for off- licences took centre stage.

The row had its roots in the proposal from the committee, under Sheriff Kenneth Nicolson, that local licensing boards in Scotland should have the power to determine the hours when individual off-licences in their area could open.

Several weeks ago, the Scottish Parliament’s local government committee backed an SNP amendment that restricted off-licence opening hours to between 8am and 11pm.

Ministers, apparently under pressure from the licenced trade, then promoted a further amendment allowing off-licences to open from 3am to 10pm.

Labour MSPs from deprived urban areas were incensed by this, arguing that it would open the door to drink being sold over the counter in the middle of the night, encouraging the anti-social behaviour the Bill was supposed to curb.

These Labour MPs decided to go their own way and yesterday proposed a further amendment that off-licences should only be allowed to open between 10am and 10pm — more restrictive that the present system which allows them to open between 8 am and 10am, apart from Sundays when they do not open until noon.

A flurry of other last-minute amendments from different MSPs and proposing alternative opening and closing times were also tabled, including one from the Liberal Democrats that Sheriff Nicolson’s original proposal be adopted.

The waters were further muddied when Tom McCabe, the Public Services Minister in charge of the Bill, was forced to deny in a radio interview that if the Executive got its way alcohol sales would be allowed in the middle of the night.

He also angered his Liberal Democrat coalition partners by floating the idea that any controversial application approved by the local licensing board could be overturned by him.

As the debate opened, the Scottish Socialist MSP Tommy Sheridan summed up the feelings of many MSPs when he said: “This is supposed to be a serious legislative chamber. This is the most shambolic situation we have seen in six years of devolution.”

He asked for a suspension which was refused by Murray Tosh, Deputy Presiding Officer. Minutes later Mr Tosh relented and agreed to a five-minute suspension which soon turned into a 15-minute delay.

It was left, when the debate resumed, to Mr McCabe, when MSPs resumed, to clarify matters as best he could. He indicated that ministers had decided to accept the amendment proposed by Frank McAveety, the Labour backbencher, that off- licences should only be allowed to open, seven days a week, from 10am to 10pm. This will mean more restrictive hours than at present from Monday to Saturday but more liberal hours on a Sunday. It was agreed by 97 votes to 21.

The Scottish Bill, unlike the one in England, has a presumption against 24-hour licences. The Bill will also require all licensees to operate on a no-proof, no-sale basis and it will ban irresponsible promotions that encourage binge and speed drinking — such as happy hours and two-for-one offers. In addition local licensing boards will be required to assess whether or not there are too many licensed premises in an area and block new ones in so-called “hot-spots”.

Communities will have more say, too, as any person can object to a licence application.

The new regulations will be fully implemented by autumn 2009, though some will be brought in earlier.

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