Alcohol ban on trains is unenforceable and has no impact on antisocial behaviour ScotRail boss tells MSPs

Joanne Maguire, ScotRail managing director, has told MSPs at the Scottish Parliament that staff have been told not to stop people from drinking on the train as there was no legal basis for them to do so. A ban that was introduced as temporary guidance during the pandemict prohibits the consumption of alcohol at any Scottish station or on a ScotRail train at any time of the day.

"The alcohol ban is a matter for Scottish government to make a decision on and we know it is not a straightforward decision to be made," she told members of Holyrood's transport committee. "The position of ScotRail is we cannot in fact enforce the ban as it is not a matter of law, our staff cannot enforce it.

“Our position is if staff are on a train they cannot intervene and ask people not to drink. There is no statistical link in terms of alcohol consumption and anti-social behaviour on the train but it does remain a policy matter for Scottish government as to whether or not the ban remains in place."

Committee member Douglas Lumsden, a Conservative MSP, later told the Times: "ScotRail’s booze ban is not only unenforceable, it’s completely pointless. Yet SNP ministers still refuse to scrap it. The managing director of the nationalised rail company has admitted that there is no link between alcohol consumption onboard and antisocial behaviour, so why cling onto a policy that serves no purpose?

"It’s just common sense that they should ditch the ban. It would be a revenue booster for ScotRail and help take the edge off for hard-pressed passengers as they pay more for a service that has collapsed under SNP control."

ScotRail is run by a Scottish government-owned company after being taken into public ownership in 2022. In 2023 ScotRail conducted a customer survey on the guidance, saying: “In November 2020 ScotRail introduced a 24/7 ban to help support public health measures put in place by the Scottish government to help tackle coronavirus. This was presented and reported as a temporary measure. We are now looking to re-evaluate this prohibition and we are seeking our passengers views and opinions on this matter."

The ban is in place under guidance issued by the Scottish government. There have been no prosecutions under the by-law relating to the possession of alcohol on trains in the last three years.