'Spy kids' expose underage drink sales

ONE in seven Scottish off-licences is prepared to sell alcohol to children, the first-ever nationwide police sting operation has revealed.

Youngsters working undercover with police were able to buy drink at more than 200 of the licensed premises they visited, a figure described by one MSP last night as "appalling".

The findings are particularly disturbing as they come amid growing concern over the health and social consequences of underage drinking and plans by the SNP Government for a crackdown on cheap alcohol.

The teenagers, dubbed "spy kids", tried to buy alcohol at more than 1,600 licensed premises, most of them off-licences, since the Scottish Government and police forces rolled out the first national programme of test purchasing just over a year ago.

They were able to make purchases at 227 of them on their first visit. Youngsters working with Strathclyde Police caught more than half of the total – 118 off-licenses and three pubs – in the course of 13 months from December 2007.

Officials said most of the businesses caught selling at the first visit by "spy kids" had cleaned up their act by the time the teenagers, most of whom are 16, came back. Twenty-two firms – one in 10 of those caught out – were found to have broken the law twice. All of them have been reported to the procurator fiscal and several have already had their licences suspended.

Bill Aitken MSP, the Tory spokesman on justice, said: "It is appalling, especially bearing in mind the publicity on this issue, that we should still see more than 200 licensees selling booze to youngsters. Licensing boards need to get real in tackling this. The number of prosecutions is in no way commensurate with the actual problem."

Aitken's Labour counterpart, Richard Baker, said: "The number of premises failing test purchasing at first visit really is disappointing. But the fact that a much smaller number fail at the second attempt shows that test purchasing does work. We want to see this programme rolled out even further."

Health campaigner Evelyn Gillan, the director of Scottish Health Action on Alcohol Problems, said: "We need to create a climate where selling to children is not acceptable at all. What has been wrong in the past is that the legislation was there, but people were not implementing it.

"We must put out a really clear message that action will be taken if people are selling alcohol to young people.

"There are all sorts of health reasons why young people should not drink – whatever you think of the moral issue. The organs, after all, are still developing. Starting to drink on a regular basis, say at weekends, at the age of 15 or 16 can have long-term and devastating effects on brain development."

A spokeswoman for the Scottish Government said: "We know that alcohol is causing too many problems in Scotland and that too many under-18s continue to be able to access alcohol. The Scottish Government rolled out national Test Purchasing to give our police forces an additional tool to tackle this problem.

"The law is clear: retailers have a responsibility to adopt a 'can't tell, don't sell' approach to selling alcohol. But test purchasing enables the police to focus efforts on the irresponsible minority who ignore the law, based on intelligence.

"We'd encourage any individuals who have concerns about any premises that may continue to sell alcohol to the underaged to tell the police so they can continue to take action."

The national programme of test purchasing was rolled out after a successful pilot project in Fife. Backers stress that the scheme is already changing habits in the licensed trade – and forcing proprietors to step up staff training.

But opposition MSPs, despite welcoming the initiative, fear too few businesses are being successfully prosecuted.

As Scotland on Sunday revealed late last year, only 47 licensees were convicted of selling alcohol to the under-18s in 2007-08. In some areas, half of all prosecutions fail.

Justice Secretary Kenny MacAskill has suggested new legislation to raise the age at which people can buy drink in off-licences to 21. Critics of the move have said he should concentrate on enforcing existing laws.