ScotRail's booze ban under scrutiny with no prosecutions brought in three years
ScotRail's ban on alcohol on trains and in stations "isn't working" after figures revealed not one single prosecution had been brought in the three years since it was implemented.
The ban came into force back in November 2020 when former First Minister Nicola Sturgeon moved to introduce the temporary measure during the Covid pandemic.
However, the ban, which has been labelled as "draconian", remains in place despite widespread calls for it to be lifted from both passengers and rail workers alike.
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Figures obtained by the Scottish Mail on Sunday show that British Transport Police has recorded 388 alcohol-related offences in Scotland in the past three years.
But not one of them was brought under the specific 'crime code' assigned to the byelaw that bans 'intoxicating liquor' on board a ScotRail service.
Law-abiding, responsible passengers are forbidden from having a drink on a train, as is permitted in England and Wales, writes the Scottish Daily Express.
At the same time, unruly travellers frequently flout the ban and quaff cans and bottles without any fear of sanction. In 2022, former Nationalist MP Mhairi Black apologised after she was filmed drinking from a can of lager on a ScotRail service in the Glasgow area.
RMT union organiser Mick Hogg said: "The ban on alcohol is not working. The reality is ScotRail do not have the resources to manage the situation as things stand.
"Instead, what we see is the responsible majority being denied the opportunity to have a drink on a train, and in fact, being dictated to by a small minority who are causing havoc on Scotland's trains and are doing it anyway, regardless of the ban.
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"The issue of anti-social abuse on trains in Scotland is through the roof and the onus is being placed on rail staff to step in to act in an area which is the responsibility of their employer via Transport Police. We would support the position that the ban is lifted and the issue is managed better."
Before the ban was imposed as a social distancing measure, rail passengers in Scotland could drink between 10am and 9pm.
BTP stated that breaches of the byelaw might not be recorded if the "action forms part of a more serious offence", and also said that there are "other outcomes available for dealing with an offender as an alternative to prosecution".
Previously, emails obtained from a ScotRail boss revealed the "uncertainty and inconsistent enforcement of the ban is now the most widely raised topic at staff safety briefs". Director Scott Prentice also said that trade unions and staff "all support a return to the previous policy".
ScotRail's own research shows that 56% of passengers wanted the prohibition scrapped, with 15% listed as 'maybe or don't know' and 29% in favour of keeping it. Those in favour include Alison Douglas, chief executive of Alcohol Focus Scotland.
She said: "Arguments in favour of allowing people to drink alcohol on trains tend to centre around individual freedoms and not restricting these because a minority behave badly when drinking. But this is public transport which should be accessible and inclusive for everyone, including our children.
"Shouldn't all passengers have the right to feel comfortable, relaxed and safe, without being exposed to harassment, intimidation or noise? And shouldn't staff be able to come to work without fear of alcohol-driven abuse or assault?"
A Transport Scotland spokesman said: "It is clear a wide range of opinions are held by passengers, staff and other interested parties.
"Ministers will take time to carefully consider diverging views, in line with the broad range of recommendations made in our report on women and girls' safety on public transport, before making any final decision."