ROBERT BROWN REVEALS THAT EXISTING ALCOHOL LAWS ARE IGNORED

12.00.00am GMT Mon 1st Dec 2008

Glasgow MSP Robert Brown has revealed that existing legislation to crackdown on underage and irresponsible drinking is being ignored.

Figures obtained by Robert Brown shows that last year only five under-18s were fined for buying alcohol or drinking in a bar. Figures also show that only two people have been fined for supplying alcohol to a drunken person on licensed premises since 2002.

Commenting, Robert Brown said:

"These figures show us that laws to tackle irresponsible and illegal drinking are not being used.

"So intent is the Scottish Government on pursuing its ludicrous plan to raise the legal age for buying alcohol to 21, that it has forgotten about the legislation that already exists.

"There have, undoubtedly, over the last six years been more than two cases where bar staff have continued to serve somebody who is drunk. The Licensing (Scotland) Act 1976 is clear that supplying alcoholic liquor to a drunken person on licensed premises is an offence. Similarly, buying and consuming alcohol as an under-18 is also an offence. I find it hard to believe that only five people were fined for flouting this law.

"Under- age drinking is a big challenge in many local areas. More licensees are rightly being brought to book for allowing sales to under 18s. It is high time that young people who try to buy alcohol under age, and the adults who often help them, were dealt with as well. In fact this is essential if under age and excessive alcohol consumption is to be tackled.

"If Ministers are serious about changing Scotland's drinking culture, then they should be focusing on implementing the law as it stands."

Ends.

Notes to Editors:

The figures were obtained by Parliamentary Questions. The text is below:

S3W-18001 - Robert Brown (Glasgow) (LD) (Date Lodged Wednesday, November 19, 2008): To ask the Scottish Executive how many licence holders or employees have received fines under section 76 of the Licensing (Scotland) Act 1976 for supplying alcoholic liquor to a drunken person in licensed premises in each of the last five years and what the level of fine was in each case.

Answered by Kenny MacAskill (Thursday, November 27, 2008): Data from the Scottish Government Court Proceedings database shows that, in 2002-03 to 2006-07, there were two people fined under section 76 of the Licensing (Scotland) Act 1976 for supplying alcoholic liquor to a drunken person in licensed premises (where this was the main offence). One person received a fine of £500 in 2004-05 and, in 2005-06, one person was fined £400.

S3W-18000 - Robert Brown (Glasgow) (LD) (Date Lodged Wednesday, November 19, 2008): To ask the Scottish Executive how many under-18s have received fines under the Licensing (Scotland) Act 1976 for buying or attempting to buy alcohol in each of the last five years and what the level of fine was in each case.

Answered by Kenny MacAskill (Thursday, November 27, 2008): The available information is given in the following table.

Persons Under 18 Fined for Buying Excisable Liquor or Consuming in a Bar 1, 2002-03 to 2006-07

Amount of Fine

(£) 2002-03 2003-04 2004-05 2005-06 2006-07

20 1 - - - -

25 1 - - - -

30 1 1 - - -

35 - - - - 1

40 - - - 1 -

50 1 - - - 1

60 - 1 - - -

65 - - - 1 -

75 - 1 - 1 1

90 - - - - 1

100 1 - 2 - 1

150 2 - 1 - -

200 1 - - 1 -

Total 8 3 3 4 5

Note: 1. Where main offence.