Earlier this month, the Scottish Government announced its commitment to closing the loophole on the grouse moor licences that were sabotaged last year by the powerful grouse shooting lobby.
If you recall, grouse moor licensing was introduced as part of the Wildlife Management & Muirburn (Scotland) Act 2024, as a result of the continued illegal killing of birds of prey on grouse moors and the associated difficulties of identifying an individual suspect and prosecuting them.
The idea was that a licence to shoot Red Grouse could be amended / withdrawn / revoked by NatureScot if evidence showed that illegal raptor persecution had taken place (importantly, based on the civil burden of proof, i.e. balance of probability, rather than the criminal burden of proof, i.e. beyond reasonable doubt). It was expected that the licence would cover an estate’s entire landholding, not just the areas where Red Grouse are shot, because raptor persecution crimes often take place beyond the boundary of the moor (e.g. in woodland).
However, in November last year, the licences were significantly weakened after legal threats from the grouse shooting industry. Instead of now covering an entire estate, it was announced that the licence holder could decide on the extent of the area the licence covered, specifically the area where Red Grouse are ‘taken or killed’.
Effectively, this could mean simply drawing an arbitrary line around their grouse butts, denoting the reach of a shotgun pellet, and argue that THAT is the area where they take/kill grouse and thus that should be the extent of the licensable area:
There has been a year of prolonged campaigning to get this loophole closed, mostly behind-the-scenes and led by Green MSP Mark Ruskell and RSPB Scotland – they deserve our gratitude because without their efforts, this loophole would have been left wide open.
When Minister Fairlie announced his intention to close the loophole, by introducing a proposed amendment to the Natural Environmental (Scotland) Bill which is currently making its way through Parliament, the precise details of his amendment were not known so although his announcement was welcomed, there was still some skepticism about whether the amendment would be fit for purpose.
The proposed amendment has now been published and Minister Fairlie has written a detailed explanation.
First, here’s the proposed amendment, which was lodged on 7 November 2025:
On first appearances, this looks to be pretty robust. Although it still offers room for ‘negotiation’ between the licensing authority (NatureScot) and the licence applicant about the extent of the licensable area, it is clear that if agreement is not reached, then NatureScot has the authority to refuse the licence application altogether.
That’s good, assuming that NatureScot will stand up to the powerful land-owning lobby. That’s by no means assured though, so we might expect that NatureScot’s decision-making process is laid out in writing so it is transparent for all those interested and fair to all licence applicants, in the same way that NatureScot has published the decision-making process it uses when assessing whether to impose a General Licence restriction on estates where there is evidence to support a suspicion of wildlife crime taking place.
Minister Fairlie’s amendment also removes the controversial issue of a reduced licensed area, rather than the licence applying to an estate’s entire landholding, as believed to be intended by Parliament when the Wildlife Management & Muirburn Act was passed. So instead of limiting the licensable area to only being applicable “on the land” [where Red Grouse are taken or killed], the amendment suggests that the licence could be withdrawn/revoked if a relevant offence takes place anywhere on the landholding “that supports or benefits the activities permitted by the licence“, i.e. grouse shooting.
It looks like this amendment will also bring back all the relevant offences that could result in a licence suspension/revocation, which were removed when NatureScot made changes to the licence in November last year (see here). This means that offences under the Protection of Badgers Act 1992, Wild Mammals (Protection) Act 1996, Conservation (Natural Habitats etc) Regulations 1994, Animal Health & Welfare (Scotland) Act 2006, Hunting with Dogs (Scotland) Act 2023), would all come back in to play. Excellent.
After notifying the Scottish Parliament’s Rural Affairs & Islands Committee (the committee scrutinising the Natural Environment Bill) of his intention to bring an amendment to close the grouse shoot licence loophole, Minister Fairlie was asked by the Committee Convenor to explain his rationale for his proposed amendment.
Minister Fairlie’s explanation is clear and well worth a read:
Amendments to the Natural Environment Bill stage 2 will be debated in Parliament next Wednesday (19 November 2025).





















