The Scotsman

Serving up confusion to the hospitalit­y sector

- Comment Audrey Ferrie • Audrey Ferrie is legal director and licensing specialist at Pinsent Masons

The 16-day lockdown across the Central Belt has ushered in an almighty hangover for drinkers, diners and licensed trade operators alike.

Pub and restaurant owners in large swathes of Scotland have been forced to call last orders again, to wipe down the bar counter and to put the champagne on ice, as the Scottish Government ushered in new measures to counter an increase in Covid-19 cases.

And confusion reigns as to what constitute­s a café (allowed to stay open) or a restaurant (forced to close) which requires the strongest of coffees to help clear the mind.

No-one doubts the sentiment behind the moves, but equally there is widespread sympathy and support for a beleaguere­d hospitalit­y industry, which in the vast majority of cases stepped up to and over the mark to ensure their premises were operating safely and that trace and protect systems gathered the data required by the government.

Certainly, in the early days of post-lockdown a minority of licensed premises were paying lip service to collecting contact details of guests, but now the QR code is queen and with a swift scan on a mobile device, visitors’ informatio­n is quickly and securely stored.

But back to cafes – if you can find one open. Under the new guidance, it was initially said that cafes in the lockdown regions were allowed to stay open until 6pm providing there was no alcohol served. Operators who thought their business fitted the criteria stayed open – only for some to be visited by local authority officials and told they must close.

One such example was Wee Paree in Glasgow’s West End, which initially stayed open with a new menu and alcohol sales off-limits, only for the owners to

be left “scratching their heads” over the new guidance and closing the next day on learning it did not meet the Scottish Government definition of a café.

First Minister Nicola Sturgeon tried to explain away that there was an anomaly around cafes that did have an alcohol licence though serving alcohol was incidental to their main business, and it was an attempt to let those businesses – often in rural areas and the only facility in town – to stay open. However, this cut little ice with disappoint­ed restaurate­urs – much like the piles of ice dumped in protest outside the Scottish Parliament last week by disappoint­ed bar operators and staff.

Regardless of where you stand – or sit, as it’s table service only – on the need for licensed premises to close, the constant changing of the rules is surely damaging to public confidence in eating out and drinking, and this may have a longer lasting impact on the hospitalit­y sector when it eventually returns to some sort of normality.

The finger has been pointed at hospitalit­y as being a major factor leading to an increase in Covid-19 cases, but on the flip side of the menu there is a feeling that the sector is being unfairly targeted. This is particular­ly so for food-led businesses who may have very low alcohol sales but just because they are licensed have had to close or sell alcohol outside only.

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 ??  ?? 0 Bars face ever-changing guidance
0 Bars face ever-changing guidance

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