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Scotland - Under Age Test Purchasing: Due Diligence not enough?

A Sheriff's Court in Scotland has recently upheld a 5 day suspension of Licence given out earlier this year by the Glasgow Licensing Board to a Supermarket chain, following a failed test purchase.  According to reports a 16 year old was served with a bottle of wine by a Duty Manager without being asked for identification.

Although the Duty Manager was sacked after an internal investigation and the store had passed a second test purchase, the Glasgow Licensing Board issued a ban on the sale of alcohol for 5 days which resulted in the Appeal.

It was claimed on behalf of the Supermarket that it had done all it reasonably could do to prevent such an occurrence which was down to an error on the individual concerned.

The Appeal failed. The company had demonstrated internal systems but it would appear that ‘due diligence’ was not enough.

The Presiding Sheriff indicated that the Licensing Board decided that a "5 day period of suspension was both necessary and appropriate in order to prevent a re-occurrence of the commission of an offence in an area where the public and Police had concerns about increased under age drinking.  In my judgement, against the background of what was undoubtedly a serious matter, the approach of the Board was proportionate".

A further Appeal to the Court of Session has been submitted. In the meantime, operators should be aware that the effective approval by the Sheriff's Court  of the sanction imposed by the Glasgow Board may lead to more robust sanctions being imposed in similar circumstances, going forward. Strathclyde and a number of other police forces in Scotland are automatically requesting review of a licence following one failed test purchase.