Restaurants 'cannot turn themselves into cafes'

Nicola Sturgeon has warned restaurants that they cannot "turn themselves into cafes".

The first minister has issued her definition of what a cafe is ahead of the 16-day hospitality shutdown.

She said it was "where the primary business activity is the sale of non-alcoholic drinks, snacks or light meals".

Ms Sturgeon said the definition has been set to reduce the number of places where people will be able to meet.

It followed confusion in the hospitality trade over which businesses would be allowed to stay open.

Bars and restaurants in the central belt have to close at 18:00 on Friday.

But cafes can stay open during the day if they do not serve alcohol.

'Lack of clarity'

Speaking at her daily briefing, Ms Sturgeon said she accepted there had been "a lack of clarity" around the guidance. She said that in order to reduce the number of places that people might come together, she had to draw any exemption "really tightly".

She said: "That's why we are not allowing premises like restaurants to decide to just stop serving alcohol, become cafes and therefore stay open - that would undermine the purpose of these restrictions.

"But we did realise there was a potential anomaly for existing cafes that have an alcohol licence, even though serving alcohol is very incidental to their business. In some areas - particularly rural areas - these may be the only cafe in a village."

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She explained that the exemption for cafes was in place to give people - especially those living alone - somewhere they could still meet a friend for a coffee and a chat to help reduce loneliness and isolation.

The first minister said that the newly-published regulations had a definition of cafe which applies regardless of whether or not they have a licence.

She said: "An establishment whose primary business activity, in the ordinary course of its business, is the sale of non-alcoholic drinks, snacks or light meals.

"It is a definition based on what a cafe already does. It doesn't allow a restaurant to now turn itself into a cafe."

Cafes can stay open if they do not serve alcohol but now businesses are trying to define cafes and restaurants

Ms Sturgeon said she believed business owners would know whether their establishment fitted that definition or not. Any doubts or questions should be discussed with local environmental health authorities.

Following the announcement of new restrictions on Wednesday, the Scottish Licensed Trade Association (SLTA) claimed there was "no such thing as a licensed cafe" and called for urgent clarification.

In a tweet on Friday morning, the organisation said: "Absolutely ridiculous that on the day new regulations come into force we still do not know what licensed premises in the central belt will be allowed to open till 6pm for food only - shambles. What is a 'licensed cafe?' Find out maybe today!"

Reacting to the new definition, Labour MP Ian Murray said the "chaos" was unfair on restaurant and cafe owners and their staff.

'No way to treat people'

He said: "The confusion Ms Sturgeon has created would make even Boris Johnson blush.

"Like all MPs and MSPs I have been inundated with emails and calls from worried business owners who fear for the future and are confused about the definitions being used.

"This is no way to treat people whose livelihoods are on the line."

The Scottish Conservatives accused the SNP of "creating a shambles out of thin air" over what it called "a farcical series of mixed messages" about which cafes and restaurants could remain open.

The party's economy spokesman Maurice Golden said: "The SNP are having an absolute shocker. They've created a shambles out of thin air.

"Furious cafes and restaurants just want to know if they can open and they're being messed around by basic, avoidable blunders.

"Instead of sorting their shambles, the SNP government are passing the buck onto councils, environmental health officers and even the cafes themselves."

He added: "The suggestion that cafes and restaurants should just magically know themselves if they're allowed to open, when they're fighting through a blizzard of mixed messages from the SNP government, is plainly ridiculous."

The first minister said the new regulations would be published on Friday, and said environmental health officers would be responsible for ensuring they were adhered to.