LICENSING and health leaders would not support the lifting of an outdoor drinking ban in Glasgow – but research suggests the public could be more keen for the city to follow Edinburgh and relax the rules.
Hundreds of people have signed a petition to temporarily ease restrictions during lockdown while pubs remain closed.
Meanwhile an online poll involving almost 400 people living in the city found 55% would support a permanent lifting of the ban.
Glasgow led the way in introducing the by-law –which carries a fine of up to £500 – in 1996, broadly to give police another tool for managing anti-social behaviour. It was replicated by most other Scottish local authorities with the exception of Edinburgh, which is now itself considering if a ban should be introduced.
READ MORE: Have a dozen people charged after police are called to Glasgow's Kelvingrove Park
It is reviewed every 10 years in Glasgow and councillors voted last year to keep it in place with the backing of Police Scotland.
Lockdown has thrown the issue back into the spotlight as a number of pubs have been offering ‘takeaway’ drinks, which they are permitted to do if lids are provided.
However there has been some concern it is encouraging people to flout the bylaw.
There were a number of arrests in the city’s Kelvingrove Park at the weekend, including for assaults and vandalism while there were issues with crowds gathering to drink outside pubs in Finnieston.
Figures show Glasgow has the highest number of arrests for breaching the law, probably due to the visibility of parks and outdoor spaces. In one month last year, from February 23 to March 22, 58 people were arrested compared with 33 in Lanarkshire and 3 in Argyll and West Dunbartonshire.
READ MORE: Opinion: Marianne Taylor: Come on Glasgow, stop being a killjoy and let us enjoy a drink in the park
Stephen Montgomery, President of the Scottish Licensed Trade Association (SLTA) said it does not support any relaxation of the ban because it could drive trade from venues and link trouble spots to any pubs or restaurants supplying the drinks.
He said: “If people are starting to drink in streets near pubs then the publicans could get the blame. It becomes uncontrolled.
“We have this issue constantly outside nightclubs, if a fight breaks out the club gets the blame.
“I would love to be able to sit in Glasgow Green with my partner with a picnic and have a glass of wine. But you can’t have one rule for one and one for another.
“I don’t think anywhere could handle a relaxation in all honestly. In Edinburgh, it’s perhaps different because it’s Scotland’s capital city and it could be for tourism purposes.
“When you go on holiday you don’t see people walking the streets and drinking, it’s more civilised. If we want to encourage people to Scotland we need to ensure we are promoting the right culture.”
Glasgow City Council say changing the law would be lengthy and complex.
A full council meeting would be required to agree to the change which would then prompt a referral to Scottish Ministers. If approved, the issue is then sent back to the council and has to be then ratified by a further full council meeting.
Dr Nick McKerrell, a law lecturer at Glasgow Caledonian University says the bylaw is still primarily used as a way to manage anti-social behaviour.
He said: “If you have the young team drinking a carry out in the park then the police have an easy way into that whereas people having a drink with a barbecues, rarely is it enforced.
“That in itself is unfair because if you are with a particular group, you are more likely to be picked on which is probably the case with this law.
“There is a broader debate because the police want the power to search people for alcohol which they don’t have at present.”
READ MORE: Concern over lockdown drinking as doctors report an increase in liver damage hospital admissions
Dr Linda de Caestecker, Director of Public Health for NHS Greater Glasgow and Clyde said she would not support a removal of the ban.
She said: “As we respond to Covid-19, we can’t lose sight of other public health challenges and this includes alcohol related harm.
“People can still enjoy the outdoors and spend time with friends and family without consuming alcohol and from a public health perspective, I would not support relaxing the ban on outdoor drinking.”
A spokeswoman for Edinburgh City Council said: “The decision in relation to the current public drinking by-law was taken 16 years ago.
"We’re currently reviewing whether a change to this by-law should be put forward, in consultation with relevant stakeholders including Police Scotland. We’ll also work to engage with pubs to make sure people aren’t congregating outside treating the street like a beer garden.”
The online poll was carried out by our sister title the Glasgow Times.
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