Licensing (Scotland) Act 2005 section 142: guidance for Licensing Boards

12. Sale and Supply of Alcohol to Children and Young Persons

Introduction

12.1 This chapter provides information about the sale and supply of alcohol to children and young persons. For the purposes of the 2005 Act, "child" means a person under the age of 16 and "young person" means a person aged 16 or 17.

12.2 As discussed in Chapter 2, for the purposes of the 2005 Act, one of the five licensing objectives is "protecting children and young persons from harm". The term "young persons" was added to this objective by the Air Weapons and Licensing (Scotland) Act 2015. The broadening out of this objective gives Licensing Boards greater scope to protect young persons.

12.3 "Harm" in the context of the 2005 Act is the harm that children and young persons suffer through their own drinking. This may take place within licensed premises, or through alcohol obtained from off-sales premises, either by the young person themselves or by someone else. Children and young people are particularly vulnerable to the effects of alcohol – the earlier a young person begins to drink alcohol, the more likely they are to drink in ways that can be risky later in life.

12.4 It is clear that children and young persons need protection from environments which are unsuitable and potentially harmful. They need to be prevented from being placed in a position where it is easy for them to circumvent the law and obtain alcohol. There are a number of ways in which the 2005 Act seeks to ensure that the licensing system protects children and young people.

On–sales premises

12.5 Children and young persons can be impacted by the drinking behaviours they observe in adults as well as being exposed to the marketing and promotion of alcohol within a licensed premises. It is a matter for Licensing Boards to decide what environments may be suitable for access for children and young persons. For example Orkney Islands Area Licensing Board Statement of Alcohol Licensing Policy states "The Board requires applicants who submit operating plans including children and young persons to ensure that they are not given access to premises when activities such as adult entertainment are taking place".

12.6 As discussed at Chapter 8 (premises licence) the purpose of a licence applicant having to submit an operating plan and a lay-out plan is to provide a Licensing Board and the local community with a clear indication, at the time of the application, of what activities will be undertaken on the premises. The Premises Licensing (Scotland) Regulations 2007 (SSI 2007/452) stipulates that a layout plan must show:

• any area on the premises set aside specifically for the use of children and young persons; and
• any area on the premises to which children and young persons will have access.

12.7 The form of an operating plan is set out at schedule 5 to the 2007 Regulations. The form contains a section relating to on-sales where children and young persons will be allowed to access the premises. The applicant is required to provide a statement which covers the following points:

• the terms under which they will be allowed entry;
• the ages of children or young persons to be allowed entry;
• the times during which children and young persons will be allowed entry;
• the parts of the premises to which children and young persons will be allowed entry

12.8 Falkirk Licensing Board statement of licensing policy says: "Where an application for a new or provisional premises licence or a non-minor variation to a premises licence is made, the Board may, prior to determining the application, wish to visit the premises. This will usually be the case where either or both of the following apply: objections or representations have been received; the variation seeks an increase in the access for children and young persons".

12.9 Argyll and Bute Licensing Board's statement of licensing policy says "The Board will impose appropriate conditions on a premises licence or in granting an occasional licence where children and young persons are to be allowed entry. Conditions will seek to ensure the safety and wellbeing of children and young persons on the premises".

Off-sales premises

12.10 An applicant for a licence which authorises off-sales only does not require to provide a Licensing Board with the information outlined at paragraphs 5 and 6.

12.11 "The Scottish Schools Adolescent Lifestyle and Substance Use Survey (SALSUS): alcohol report 2018" shows that 13 and 15 year old who have ever had a drink, were most likely to get alcohol:

• from their home (37% for 13 year olds; 28% for 15 year olds);
• from a friend (25% for 13 year olds; 34% for 15 year olds); or
• from a relative (31% for 13 year olds; 31% for 15 year olds).

Direct purchase from a licensed premises was rare:

• from a shop – 4% for 13 year olds, 7% for 15 year olds;
• from an off-licence – 2% for 13 year olds, 3% for 15 year olds;
• from supermarket, pub, club – 3% for 13 year olds, 4% for 15 year olds.

12.12 This would suggest that measures such as the introduction of an age verification policy (Challenge 25) and test purchasing have helped to significantly reduce underage sales in shops and pubs. However, the figures highlight that a significant percentage of 13 and 15 year olds are obtaining their alcohol from relatives, friends or the home (whether with or without parental/ carer permission).

12.13 For example Clackmannanshire Licensing Board's statement of licensing policy states that one of the factors the Board will consider in relation to considering licence applications against the protecting children and young people from harm objective is:" appropriate measures (e.g. good quality staff training, age verification policy) to ensure children do not purchase or consume alcohol on the premises (unless such consumption is permitted by a young person in terms of the restricted provisions of Section 105(5) of the Act".

12.14 This is more difficult to control, however, improvements are possible. A good example of trying to reduce proxy purchasing of alcohol is the award-winning campaign, "You're Asking For It. The campaign was created in 2015 by the Scottish Alcohol Industry Partnership in collaboration with Police Scotland, North Lanarkshire Council and the Scottish Government. This coalition of partners worked together to design and deploy a creative campaign to assist retailers eliminate incidences of an adult knowingly purchasing alcohol for a minor to consume. Several test campaigns lead to an enhanced trial across the entire local authority area of North Lanarkshire in 2017. These proved the effectiveness of the campaign. The campaign has run in different parts of Scotland since but was halted due to. The campaign evolved and from 16th May 2022 (soft launch) to 14th August 2022 the 'It will cost you' integrated campaign ran nationally throughout Scotland. This was the first time the campaign had been delivered as a national campaign. The campaign was run as a partnership between the Scottish Alcohol Industry Partnership, Police Scotland and Community Alcohol Partnerships. It was coordinated by a Steering Group involving representatives from these organisations plus the Scottish Government.

Offences

12.15 Part 8 of the 2005 Act covers Offences, a number of which relate to children and young persons:

• sale of alcohol to a child or young person (section 102)
• allowing the sale of alcohol to a child or young person (section 103)
• sale of liquor confectionary to a child (section 104)
• supply of alcohol to a child (section 104A)
• supply of alcohol to a young person (section 104B)
• purchase of alcohol by a child or young person (section 105)
• consumption of alcohol by a child or young person (section 106)
• unsupervised sale of alcohol by a child or young person (section 107)
• delivery of alcohol by or to a child or young person (section 108)
• sending a child or young person to obtain alcohol (section 109)
• duty to display notice (section 110)

12.16 The majority of these offences have been in place since the 2005 Act was implemented. Minor amendments have been made to these sections by the Criminal Justice (Scotland) Act 2010 (repeal of the word knowingly; where criminal conduct has been allowed to take place in terms of the listed offences, an offence will be committed whether or not the person involved has knowledge of the conduct taking place) and The Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019.

12.17 Sections 104A and 104B, which created new offences of supplying alcohol to children or young people for consumption in a public place, were inserted into the 2005 Act by the Air Weapons and Licensing Scotland Act 2015.