Courts 'making a mockery' of under-age booze sales battle

Published on Friday 31 October 2008 09:02

LICENSING committee members in Edinburgh today hit out at the judicial system for making a "mockery" of some of their decisions to punish people for selling alcohol to under 18s.

New figures today revealed double the number of people are found not guilty than are convicted, even though police and council officials spend significant time building solid cases. Figures show that of nine individuals facing charges, six were acquitted and only three found guilty.

The revelations come at a time when under-age drinking is high on the agenda, with some senior figures in Holyrood wanting to raise the age of purchase to 21.

But the local authority feels "undermined" by the courts, given that the licensing board has adopted a tough stance on selling alcohol to youngsters.

Councillor Alastair Paisley, a long-standing member of the licensing committee, was fuming at the statistics. "It makes a mockery of the licensing board's decisions and undermines our role," said the Conservative member.

"I'm surprised by this because we don't take action without evidence. We've got a tough approach on this, but we are making decisions and the courts are not supporting us."

Figures for the previous year show a similar ratio of acquittals to convictions. In East Lothian, there were no proceedings brought last year and in West Lothian, one person was convicted. In Midlothian, three were convicted and one person cleared.

Lothian and Borders Police regularly stage "test purchasing" initiatives, which see 16-year-olds attempt to dupe shopkeepers into selling them alcohol without asking them for identification.

If licence holders are found to have supplied youngsters, the licensing board always revokes their right to sell alcohol for a number of months.

The city's licensing leader, Councillor Marjorie Thomas, said: "I find it more frustrating than anything else. The courts have their own methods."

A Crown Office spokesperson said: "Any report received by the Procurator Fiscal relating to the sale of alcohol to an individual aged under 18 is given careful consideration before a decision is made on whether or not to take criminal proceedings. Sentencing is a matter for the courts."