The SNP-led Scottish Government wants proof of double vaccination to be required to get into nightclubs and large events from October 1. But the Night Time Industries Association (NTIA) Scotland this morning instructed its legal team to "commence proceedings" against the plans.

       In a statement, the body which represents Scottish nightlife said the scheme is "likely to be unlawful" because it is "neither proportionate" nor "represents the lowest level of intervention possible to achieve the public health imperative."

       It added: "This vaccine passport scheme as currently proposed raises serious issues with definition, market distortion, discrimination, resource allocation and economic impact amongst others, and had Scottish Government been prepared to work with sectoral experts in the earliest stages of policy formulation some of these deep-rooted problems may have been avoidable."

       The group stressed it had been "engaged in dialogue" over the last few weeks with the Scottish Government but made clear the talks did not result in "meaningful consultation between Government and the sector."

       The group stressed they "remained willing to work with Scottish Government on any policy which both achieves our shared goals and also allows businesses to remain economically viable."

       It comes after First Minister Nicola Sturgeon announced on Tuesday what would be considered a nightclub and thus included in the forthcoming vaccine passport scheme.

       Ms Sturgeon told MSPs that, as of 5am on October 1, those over the age of 18 attending a club, events of more than 500 people, live outdoor unseated events of more than 4,000 people or to any event of more than 10,000 people would have to show proof of vaccination.

       Defining what would be considered a nightclub, the First Minister said a venue open between midnight and 5am, serves alcohol after midnight, provides live or recorded music for dancing and has a dancefloor which is in use would be considered as such.

       Ministers have made clear businesses will have to take "all reasonable measures" to check certification, while larger events will be able to conduct spot checks for a pre-set proportion of attendees that will be decided before the scheme goes live.

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       But opposition politicians continued to raise concerns about the scheme with Scottish Liberal Democrat leader Alex Cole-Hamilton complaining that "Covid ID cards" would result in "arbitrary distinctions being made between businesses which would lead to commercial unfairness" as well as "eroding the fundamental right to medical privacy".

       He added: "Rather than recognise that Covid ID cards are not an effective or proportionate solution, the Scottish Government have expanded the scope of the policy sucking in a host of venues who did not expect to be included.