Drink-driver is first to have car confiscated

Inspector David Milne with the restaurateur's Land Rover Freelander that was confiscated by the courts and will now be put up for auction

Restaurateur John Tse, 55, had his Land Rover Freelander seized as the festive drink-driving campaign got tougher. His car, said to be worth more than 5,000, will be offered at auction. Money from the sale will go into the Scottish Consolidated Fund – a general public purse operated by the Scottish Government.

Lothian and Borders Police Inspector David Milne said more than 20 cars had been seized across Scotland since the new policy was introduced, but this was the first to be removed permanently from its owner. It is part of a new plan to target repeat offenders who have failed to change their ways despite ongoing warnings about drink-driving.

Mr Milne said: "I hope that this is a real deterrent, but the fact we are seizing vehicles is a concern to me. Hopefully, this will bring the message home to the public. It is a year-round problem, but it affects more people at this time of year."

Tse was arrested in the early hours of Thursday on the A68 near his home in Dalkeith, Midlothian. After being breathalysed and found to be over the limit, he was held in police cells overnight and appeared before a sheriff later that morning.

As the businessman and entrepreneur had a conviction for drink-driving within the past five years, his car was seized and became the first in Scotland to be forfeited by the courts. The father of one, who pleaded guilty, has seven days to appeal against the sentence. He was also disqualified from driving for four years and fined 200.

Police forces across Scotland have united this year to mount the strongest Christmas offensive against drink-driving. The four-week campaign gives police and courts the right to remove cars permanently from owners who have repeat offences for driving under the influence of alcohol.

A police spokesman said: "This sends out a strong message to anyone who gets behind the wheel this festive season – we are prepared to use this legislation to stop people putting lives at risk by driving under the influence.

"Any drink-driving conviction has major implications for those involved, but to lose a car hits offenders in the pocket – it's just not worth the risk. Drink- or drug-driving will not be tolerated, as it puts not only the individual's life at risk, but the lives of everyone else on the road."

About one in nine deaths on Scotland's roads involves motorists who are over the drink-drive limit. During the 2008 festive season, 654 people were arrested for drink-driving or drug-driving – down from 839 in 2007.

Earlier this month, justice secretary Kenny MacAskill, Lord Advocate Elish Angiolini and Central Scotland's Chief Constable Kevin Smith joined forces to launch the festive crackdown, warning repeat offenders that their cars may be taken away for good.

Mr MacAskill said the tough line against drink-drivers was part of a zero-tolerance approach to alcohol abuse.

He said: "It's unbelievable that anyone would even consider getting behind the wheel of a vehicle whilst under the influence. I hope this sends out a strong message to others thinking of taking a chance – drinking and driving will not be tolerated."

Tse, who is a director of the Rainbow Arch restaurant in Morrison Street, Edinburgh, and formerly owned the Bamboo Garden in Frederick Street, could not be contacted for comment.