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EXECUTIVE SUMMARY
In February 2005, following consideration of an independent evaluation of tobacco test purchasing pilots, the Lord Advocate revised prosecution policy to allow test purchasing of age restricted goods by children and young people under the age of 18, in circumstances where the purchaser is not committing a separate offence. This allowed test purchasing of fireworks, tobacco and other age restricted products, but not alcohol. While satisfied, in principle, that alcohol test purchasing would be an effective enforcement tool, the Lord Advocate remained concerned about the safety and welfare of the young people taking part in test purchasing exercises. It was agreed, therefore, that before the relevant provisions of the new Licensing (Scotland) Act 2005 are generally commenced (probably 2009), a pilot exercise was to be undertaken. The aim of this pilot, conducted in Fife, was to assess test purchasing arrangements to enable common procedures and operating protocols to be developed to ensure that alcohol test purchasing can be carried out safely, fairly and effectively in a Scottish context.
The Scottish Centre for Social Research (ScotCen) was commissioned by the Analytical Services Division of the Scottish Executive Health Department to evaluate the Test Purchasing Pilot in Fife in May 2006. ScotCen adopted a mixed method approach to obtain the views of licensees, volunteers and parents, police officers, procurators fiscal, licensing board members, alcohol and drug action teams and community councils. Analysis of test purchase data sheets was also carried out. This interim report covers the period from baseline to impact only - the final report will also incorporate the research carried out as part of the outcome research phase.
At impact, the responses of all the participant groups involved in the research (licensees, volunteers, parents and police officers) suggested that the alcohol test purchase pilot had progressed very smoothly and that very few problems had been encountered. There was also evidence that there existed a greater level of support for alcohol test purchasing to be adopted than was the case during the tobacco pilot, with a majority of licensees arguing that test purchasing should be implemented more widely, although in tandem with a national proof of age card scheme, and possibly other measures such as increased surveillance and education of retail staff. As was the case during the tobacco pilot there was very little enthusiasm expressed for either the status quo or for test purchasing to be implemented in isolation.
The licensees tended to react favourably to the pilot at impact. A minority of licensees, especially among the group who had failed the first test purchase visit, did complain that the volunteers did not look 16 years of age and the police had reacted in a heavy-handed manner to the members of on or off sale staff. This was very much the minority view, though, and it is worth noting that the majority of the licensees who represented premises that passed or failed the test visit perceived that test purchasing should be adopted in the future, albeit in combination with other measures.
About 19% of premises failed the initial test purchase visit; this percentage was slightly higher in the on sale category at impact. During the first phase of the tobacco pilot about 14% of premises sold tobacco to volunteers. The level of test failures might potentially be related to a number of factors including the area of Fife (eastern Fife yielded a lower level of sales to volunteers), the sex of the volunteer, junior staff being at the point of sale and reported awareness of the test purchase radio adverts. It will be important to see whether these factors are related to test purchase failures when all premises have been visited at outcome.
The volunteers and their parents were very positive about their involvement in the pilot. Few could think of any difficulties that had arisen and all of the volunteers indicated their willingness to take part in test purchase exercises in the future. The parents perceived that the police had looked after the volunteers with great care throughout the pilot. Although the volunteers also stated that test purchasing could be at times both nerve-racking during attempts and tedious when the police were charging staff and completing paperwork, they argued that the positive factors involved in participating in such a project greatly outweighed any negative factors.
The police interviewees shared the views of the other key informants above in relation to the smooth progress of the pilot and the fact that test purchasing should be rolled out in other areas, again in combination with other measures and with reduced bureaucracy and intelligence-led targeting of premises. The police representatives also said that factors such as those under the age of 18 years being in the position of selling alcohol and restricting sales to their peers, as well as adults purchasing alcohol and acting as agents for those under the age of 18 years, were issues that may need to be addressed in the future. It was also thought that a partnership approach might be developed between the police and the licensed trade.
Therefore, at impact the general consensus was that the pilot had been operating at least as well as could have been expected, and that test purchasing combined with other measures was the favoured future strategy for restricting sales to those under the age of 18 years. Whether this will still be the case at outcome, when the views of Procurators Fiscal, Licensing Board representatives, Community councils and Alcohol and Drug Action Teams will also be represented, remains to be seen.
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