The intention behind the 2005 Licensing Act to outlaw the irresponsible promotion and sale of alcohol in Scotland is proving particularly tricky to implement without discriminating against small traders.

The intention behind the 2005 Licensing Act to outlaw the irresponsible promotion and sale of alcohol in Scotland is proving particularly tricky to implement without discriminating against small traders.

The act, which begins to take effect in February next year and will come fully into force in September 2009, gives the licensing boards power to set tighter controls over how alcohol is sold. In Glasgow, the board is proposing to ban garages and forecourt shops from selling alcohol from September 2009.

The Scottish Grocers' Federation (SGF), which represents 5500 convenience stores, has criticised the policy as being confused in its aim and punitive to the small retailer. It is not clear whether the ban is aimed at preventing drink-driving or the irresponsible sale of alcohol. The Herald has long campaigned against both, but in this case, as Gordon MacRae of the SGF points out, the logic is flawed if supermarkets with petrol stations can continue to sell alcohol in the same complex. In rural communities, shops with petrol pumps, which are the main source of food and fuel for their community, will also be allowed to sell alcohol.

There is no dispute that the scourge of alcohol abuse, in which cheap alcohol is a significant factor, must be tackled. Justice Secretary Kenny MacAskill has pledged to "turn off the tap of cheap drink and to end irresponsible promotions wherever alcohol is sold". This followed the announcement of his intention for drunkenness to be removed as a mitigating factor in criminal cases. All of this is welcome, but it can only achieve positive results if the regulations are clear and do not result in a patchwork of contradictory local practices. Last week, shopkeepers criticised the proposals to end three-for-two type promotions, which encourage customers to buy more alcohol, as being likely to result in lower prices for single bottles and cans. Again, the SGF complained that it would give supermarkets an unfair advantage over smaller retailers.

There is an urgent need for an objective appraisal of how the licensing boards can best exercise their new powers to produce the desired effects without unfairly penalising small businesses. Mr MacAskill must meet as soon as possible with the conveners of all the licensing boards to define the objectives and how to achieve them.