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There is no specific legislation that covers the carrying of open containers of alcohol in public. However, powers for local authorities to create and amend byelaws are contained in section 201 of the Local Government (Scotland) Act 1973. Local authorities can and do use these powers to create byelaws that make it an offence to carry open containers of alcohol in designated public places. Where such byelaws are proposed, they are subject to confirmation by the Scottish Ministers.

Enforcement of the criminal law is an operational matter for Police Scotland and the Crown Office and Procurator Fiscal Service.

The Scottish Government issued an updated circular on byelaws concerning the consumption of alcohol in public places on 4 August 2014. The circular, Byelaws Prohibiting the Consumption of Alcohol in Designated Public Places, was sent to the Chief Constable of Police Scotland as well as local authorities and the Crown Office and Procurator Fiscal Service.

The circular provides advice to local authorities on applying to the Scottish Ministers for confirmation of byelaws prohibiting the consumption of alcohol in public places and also contains details of four ‘model’ offences which include an ‘open container’ offence. As part of the application process the local authority must consult Police Scotland to ensure that they are content with the proposed byelaws.

The circular is available for downloading from the Scottish Government's website at http://www.gov.scot/Resource/0045/00457061.pdf.

We welcome the public support for action on promotions. In our Programme for Government, we made a commitment to take action to restrict the promotion of the marketing of products high in fat, sugar and salt and are presently consulting on this proposal, following publication of our new strategy, 'A Healthier Future - Action and Ambitions on Diet, Activity and Healthy Weight'.

I would welcome a response from the Committee to the consultation and would be happy to discuss our proposals and hear the views of all its members. This follows my attendance at the Committee’s evidence session on 16 December, where I encouraged the Committee to contribution to shaping our new strategy.

I welcome the findings of the ScotPulse poll and am encouraged that 59% of respondents back the idea of a ban on junk food adverts. We are currently consulting on action to restrict non-broadcast advertising on products high in fat, sugar and salt.

We will also continue to call on the UK Government to ban junk food advertising before the 9pm watershed.

We will be considering our spending priorities as part of the forthcoming Scottish budget considerations following the Chancellors Autumn Budget Statement.

We are however concerned about the transparency of the Soft Drinks lndustry Levy. To ensure Scotland gets its fair share, we plan to engage with the UK Government and seek further clarification on how the levy is allocated to the Scottish Government.

Powers to levy taxes on foods high in fat, salt and sugar are reserved to the UK Government. As such, the Scottish Government has not conducted any impact assessment that such additional taxes would have on the types of establishments mentioned in the question.

The consultation document 'A Healthier Future - Action and Ambitions on Diet, Activity and Healthy Weight' was published on 26 October 2017, with consultation running until 31 January 2018.

In addition to our on-line process, we will engage directly with a wide range of stakeholders including through regional workshops with the health and third sector; activities with young people; and a series of meetings with industry bodies and others.

The Best Start recommends that "NHS Boards should ensure all neonatal staff can refer parents of babies in neonatal care to local psychological services" and we will work with NHS Boards to ensure that this is taken forward. We are unable to give data on the number of psychologists that offer services in neonatal units because psychologists may offer support across a number of areas.

The Best Start launched in January 2017 and shortly after this Jane Grant was appointed Chair of the Implementation Programme Board (IPB). I met Jane Grant on 31st October to discuss progress of the IPB. An update on the progress has been lodged in SPICe Bib number 59286.