Timetable for licensing transition
The proposed transition period for the introduction of a new licensing regime will be around 18 months from February 2008, it has been announced.

The Executive does not propose to create a two-tier system, with some licensees continuing to operate under their existing hours and licence conditions - known as 'Grandfather Rights'.  However, some limited concessions will be made for existing licence holders.

All licensees in Scotland will operate under the new system which will take effect on a single appointed day following the transition period.

Ministers have agreed the following key milestones for transition to the new regime:

• By October 2006 - all accompanying regulations and draft statutory guidance published for three month formal consultation.

• By February 2007 - regulations and guidance laid before the Scottish Parliament.

• May 2007 - Appointment of new Boards following Local Government Elections.

• June 2007 to November 2007 - Six month period for Boards to prepare licensing policy statements and conduct overprovision assessments. Final versions would then be published and widely available two months prior to the start of transition. Appointment of Licensing Standards Officers and local Forums by Local Authorities would also take place in this period.

The Transition Team has proposed the following framework which Ministers have endorsed:

• There would be a 'big bang' transition where all licences under the new system and the majority of the provisions of the Licensing Act take effect on a single appointed day following a transition period;

• The acceptable transition period would be approximately 18 months from February 2008; and

• There will be no full embedded "grandfather rights" for existing licensees in Scotland. There will be no "grandfather right" for currently licensed hours or extensions to those hours.

There will be partial "grandfather rights" available to existing licensees as follows:

• Exemption from the consequences of the overprovision assessment and from the overprovision ground for refusal of a licence where there is no change to the size, capacity or type of operation taking place on the premises;

• Exemption from the need to provide building standards, planning and food hygiene certificates where transfer is on a like for like basis;

• Where transfer is on a like for like basis but the Board considers that they would nevertheless be minded to refuse the licence on the grounds of the "location, character or condition of the premises", but that suitable modifications can be made to address this, the licence must be granted and the licensee given a period of 12 months to make the necessary modifications.  If the modifications are not made within this period the licence would be revoked.

All other aspects of the new legislation would be applied including:

• Applications subject to decision by the Board and open to full process for objections and representations;

• Pro forma Operating Plan and Layout Plan must be submitted; and

• National Licence conditions and any additional local licence conditions would apply.

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New mediation projects move ahead
Two new pilot in-court mediation projects in Glasgow and Aberdeen and a funding package for the Scottish Mediation Network have been announced.

The projects will provide assistance with small civil disputes, helping people to resolve problems without going through court proceedings.  Mediation services are used by individuals, small companies and larger firms and organisations. Disputes are mostly over debts, or alleged debts and the two most common areas of dispute are unsatisfactory goods or services and landlord/tenant matters.

The new court projects will each cost around £30,000 a year and follow the first in-court mediation pilot based at Edinburgh Sheriff Court, which has been in operation in its present form since 2003.  In the last two years, over 100 people have been helped to find alternative ways to deal with disputes without having to resort to court action.  Edinburgh Sheriff Court has two new dedicated mediation rooms funded by the Executive which were opened in July.