This item was published during the term of a previous administration that ended in April 2007
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Test purchasing of age-restricted goods
25/02/2005
Prosecution policy has been revised 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 will allow for the test purchasing of tobacco,
fireworks and other age restricted goods, but does not
allow for the test purchasing of alcohol.
Lord Advocate Colin Boyd QC said:
"I have considered the evaluation report of the tobacco
test purchasing pilot, and have concluded that the test
purchasing arrangements are sufficiently safe, effective
and fair to allow the revised prosecution policy devised
for the purposes of the pilot to be extended to allow test
purchasing to be rolled out nationally.
"The safety of the children involved in the scheme will
continue to be of paramount importance, as will ensuring
that the test purchasing arrangements and protocols are
closely adhered to.
"It is vital that young people are protected from those
who are willing to break the law for profit, by selling age
restricted goods to children and young people.
"Goods such as tobacco and fireworks are sold subject to
age restrictions for good, common sense reasons, which most
people in our communities fully appreciate.
"However there are those who are willing to turn a blind
eye, and endanger vulnerable children and young people by
selling them these products. Test purchasing is an
effective means of enforcing the law in this area.
"I have asked my officials in the Crown Office and
Procurator Fiscal Service to carefully examine the issues
around test purchasing of alcohol by young people, and have
maintained my position on this meantime."
Health Minister Andy Kerr said:
"I see this as a vital part of the action we're taking
to improve the health of the nation through reducing the
number of young people who are taking up smoking.
"Nicotine is very addictive and evidence shows that the
vast majority of youngsters who take up smoking in their
teens will continue to smoke throughout their adult
life.
"Restricting the availability of cigarettes to teenagers
sits alongside other measures we're taking in this area on
smoking in public places, more resources to help people to
stop and more education on the dangers of smoking.
"Through these measures we will see fewer Scots taking
up the habit and more Scots quitting which can only benefit
our health."
Justice Minister Cathy Jamieson added:
"Most retailers are highly responsible people who make a
positive contribution to their communities.
"However, those who turn a blind eye or who actively
engage in the sale of inappropriate goods to young people
do nothing but harm.
"There should be no sympathy or hiding place under the
law for these people. Today's announcement by the Lord
Advocate makes it even less likely that they will be able
to evade justice. Another step in the creation of a safer,
stronger Scotland."
Crown Office lawyers have now been asked to discuss test
purchasing of alcohol with criminal justice partners and
with the Scottish Commissioner for Children and Young
People, in order that all relevant issues can be
considered.
Key issues are:
- that, under the Licensing (Scotland) Act 1976 it is
an offence for a person under 18 to buy or attempt to
buy alcoholic liquor in licensed premises or to consume
alcoholic liquor in a bar
- Although test purchasers are likely to be aged 16
and 17, therefore legally "adult" there are still
welfare concerns in relation to both the premises that
young persons would be expected to visit as part of any
pilot, and the fact that they may be more likely to be
called to give evidence if the Procurator Fiscal
decides to take proceedings