To ask the Scottish Executive how many offences of selling alcohol to under-18s have been detected in the last 6 months, broken down by police force; how many have resulted in a (a) prosecution and (b) conviction of licensees operating (i) on-sales and (ii) off-sales premises, and how many prosecutions for these offences are still pending.
The Crown Office and Procurator Fiscal Service (COPFS) case management system shows that in the first six months of 2009, 238 charges were reported by the police under the provisions of the Licensing (Scotland) Act 1976 concerning the sale of alcohol to under-18s. The available data does not distinguish between on-sales and off-sales premises and cannot distinguish between accused who are licensees and those who are not.
The following tables show (a) the initial prosecution decisions taken for these charges and (b) for those charges prosecuted, the current position of the court proceedings as at 11 August 2009.
(a) Charges Reported: Licensing (Scotland) Act 1976
Police Force Area | Number of Charges Reported | No Action | Direct Measure Issued | No Decision Taken (at 11th August) | Court Proceedings |
Central Scotland | 10 | 4 | 2 | 0 | 4 |
Dumfries and Galloway | 2 | 1 | 0 | 0 | 1 |
Fife | 30 | 4 | 3 | 0 | 23 |
Grampian | 47 | 13 | 19 | 3 | 12 |
Lothian and Borders | 61 | 10 | 22 | 4 | 25 |
Northern | 6 | 3 | 2 | 0 | 1 |
Strathclyde | 79 | 22 | 24 | 9 | 24 |
Tayside | 3 | 1 | 0 | 0 | 2 |
Grand Total | 238 | 58 | 72 | 16 | 92 |
(b) Charges Prosecuted: Licensing (Scotland) Act 1976
Police Force Area | Convicted | Not Convicted | No Further Action | Proceedings still ongoing (at 11th August) | Grand Total |
Central Scotland | 2 | 1 | 0 | 1 | 4 |
Dumfries and Galloway | 0 | 0 | 0 | 1 | 1 |
Fife | 7 | 1 | 5 | 10 | 23 |
Grampian | 0 | 0 | 0 | 12 | 12 |
Lothian and Borders | 6 | 3 | 0 | 16 | 25 |
Northern | 1 | 0 | 0 | 0 | 1 |
Strathclyde | 3 | 1 | 2 | 18 | 24 |
Tayside | 0 | 0 | 0 | 2 | 2 |
Grand Total | 19 | 6 | 7 | 60 | 92 |
Notes:
1. Charges where no action or no further action have been marked includes those cases for which there was found to be insufficient evidence to proceed.
2. These tables include offences reported against licensees, their employees and their agents.
3. The information for this question has been extracted from the Crown Office and Procurator Fiscal Service''s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a procurator fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.
4. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.
5. The information in these tables is correct as at 11th August 2009.