The “fit and proper person” test - which gives police the power to comment on potential licensees - will make a return to the licensing system, Justice Secretary Kenny MacAskill has confirmed today.

MacAskill told Alcohol Focus Scotland's conference that he will re-instate the police’s right to comment, to help make sure licences to sell alcohol aren't given to inappropriate people, which was removed as part of the Licensing (Scotland) Act 2005.

He said: “There are some people who should not be allowed to sell alcohol. The fit and proper person test gave police the right to give information to help licensing boards identify these individuals.

“I have listened to the concerns of our police officers and a number of Licensing Board members and I have decided that the fit and proper person test was a loss to the licensing system and so I will reinstate the necessary police powers.

“We need to make sure that we have responsible licensees that sell alcohol responsibly. If we are going to change Scotland's relationship with alcohol we can't have all manner of criminals and hoodlums allowed to sell alcohol.

“The Licensing Act 2005, which brought an end to the fit and proper person test, also brought in other major changes to the licensing system - for example banning irresponsible promotions in pubs and clubs and making it easier to take action against those who sell to under eighteens.

“We always knew the move to the new system would be a big job - that's why we have a transition period. All the signs are that this is going very well across the country. I've heard from Licensees, Licensing Standards Officers and Licensing Board Members who are all saying that, for the most part it's working well.

“Many boards and their staff have done, and continue to do, a great job to help make sure this is a success story. Similarly the trade should be proud of the way they have responded to the new system and got their applications in on time.”

The Licensing (Scotland) Act was passed by the Scottish Parliament in 2005. It represents the biggest changes to the Licensing System in Scotland in over thirty years. More information on the Act is available from www.infoscotland.com/licensingact.

The police powers to comment on licensing applications will be reinstated through the forthcoming Criminal Justice Bill. This was announced by the First Minister Alex Salmond today, as part of Moving Scotland Forward: The Government's Programme for Scotland 2008-09 which is available to view here: http://www.scotland.gov.uk/Publications/2008/09/01093322/0.

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