This item was published during the term of a previous administration that ended in April 2007
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Test purchasing of alcohol to go ahead
27/09/2005
The Crown Office has approved the principle of test purchasing of alcohol by young people for the purposes of enforcement of licensing laws.
It means that under-18s can be used to buy alcohol with the aim of gathering evidence for a potential prosecution of the seller.
Lord Advocate Colin Boyd QC said:
"In February this year I revised prosecution policy to allow for the test purchasing of tobacco, fireworks and other age restricted goods by children and young people under the age of 18.
"At that time I made clear that there were a number of concerns which prevented me from taking the same approach in relation to the test purchasing of alcohol. I undertook then to ensure Crown Office officials carried out further work, together with criminal justice partners, in order that all the relevant issues could be considered.
"I am pleased to confirm that, following consultation with the Association of Chief Police Officers in Scotland, and the Scottish Commissioner for Children and Young People, I am satisfied, in principle, that test purchasing of alcohol by children and young people would be an effective means of enforcing the law in this area.
"It is vital that young people are protected from those who are willing to break the law for profit, by selling alcohol to people under the age of 18.
"The consumption of alcohol by young people poses a clear threat to their own health. It is also identified by ACPOS as a clear factor in crime and disorder in many of our communities.
"The welfare of children and young people used in any test purchasing of alcohol remains of prime concern. Test purchasing of alcohol has additional welfare concerns, which are not factors in the test purchasing of other age restricted goods, due to the type of premises which would be visited. I have asked my officials to carefully consider the most effective means by which the safety of those involved in test purchasing of alcohol can be ensured."
Deputy Public Service Reform Minister George Lyon said:
"We are delighted with this news. The majority of licensees act responsibly. However, for the minority who do not this will be a key tool.
"This decision will underpin the Devolved Scottish government's commitment to no proof no sale, which is vitally important in tackling under age drinking"
The Executive will bring forward full proposals and an amendment to the Licensing (Scotland) Bill at Stage three to allow for test purchasing of alcohol, which ensures that the primacy of welfare of children and young people involved is addressed.