NICOLA Sturgeon has been accused of overseeing a “complete shambles” ahead of a two-week hospitality shutdown in central Scotland.
Experts said the measures risked “absolute carnage” after confusion erupted over which businesses will be affected.
The First Minister previously unveiled sweeping restrictions including the 16-day closure of licensed premises, such as bars and restaurants, in central Scotland from 6pm tomorrow.
The temporary shutdown included all licensed premises, she said, although cafes without an alcohol licence would be able to open between 6am and 6pm.
However Ms Sturgeon changed the rules during First Minister’s Questions in Holyrood, and said licensed cafes will now be able to stay open, too, as long as they do not sell alcohol.
The move sparked widespread confusion over how a cafe is defined and which businesses will be covered.
Scottish Labour MSP Jackie Baillie had asked Ms Sturgeon whether she would “consider” a way to allow cafes to suspend their alcohol licences and remain open.
The First Minister responded: “No I won’t consider it in the future, because I already have, and I’m delighted Jackie Baillie has given me the opportunity to clarify this point today.
“Cafes will be able to open, whether they are licensed or unlicensed, as long as they don’t serve alcohol.”
Licensing experts confirmed there is no separate classification for cafes and restaurants. And in planning law, cafes and restaurants are treated under the same class.
Scotland’s national clinical director Jason Leitch later told the BBC that local authorities and environmental health officers will have to make “judgements” over whether a business is a cafe or a restaurant.
But Stephen McGowan, partner and head of licensing (Scotland) at UK law firm TLT, said this would lead to “chaos”.
He wrote on social media: “If Parliament does not define cafe and it is left to local interpretation as is suggested here, then expect absolute carnage across the country.
“You’ll have one premises shut and the one next door open over the subjective view of a council officer? What a position to be in.”
The Scottish Tories branded the new guidance “clear as mud”.
It is understood the Scottish Government will seek to clarify the distinction between cafes and restaurants in regulations published tomorrow.
Paul Waterson, spokesman for the Scottish Licensed Trade Association, told The Herald there is currently “no definition of a cafe”.
He said: “I’m getting phone calls from people whose businesses are on a knife-edge at the moment, and I can’t help them. I don’t know what it means.”
He called the situation a “complete shambles”.
James Withers, chief executive of Scotland Food and Drink, said: “It raises that question: when is a cafe a restaurant, and when is a restaurant a cafe?
“Our view is the fix here is that licensed restaurants should operate to the same rules as cafes, so in the central belt they should also be able to open - just not sell alcohol.
“Because the logic for allowing licensed cafes to open without alcohol but not restaurants just does not stack up.”
He added: “It’s incredibly messy. The first that business organisations are hearing of changes is when Nicola Sturgeon stands up in Parliament and announces them.
“And what happens is a frantic 48 hours to try and work out what the announcement actually means.”
Mr Withers said there needed to be a “better process of managing these changes, because we could have seen these issues”.
Earlier this week, Ms Sturgeon said alcohol will be banned inside bars and restaurants across Scotland and all indoor hospitality venues will have to close at 6pm.
However a hospitality shutdown will be in force in five health board areas: Greater Glasgow and Clyde, Lanarkshire, Ayrshire and Arran, Lothian and Forth Valley.
The new measures are set to be in place from 6pm tomorrow to October 25, inclusive.
A Scottish Government spokeswoman said it is “allowing a very limited exception” to hospitality restrictions so that cafes can open during the day.
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