Alcohol Test Purchases
Dear Glasgow City Licensing Board,
Could you please advise how many test purchases have been made in
relation to underage alcohol sales for the period Jan 2013 -
October 2015? Where possible please break down by month.
Of these test purchases, please advise how many were recorded as
failures? In the event of a failure, please advise how many
resulted in the premises license being revoked?
Yours faithfully,
C Henderson
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FAO C Henderson
Please find attached our response to your recent FOI request.
Kind regards
Peter
Peter Smith
Development & Information Officer (Licensing)
Licensing Section
Glasgow City Council
City Chambers
George Square
Glasgow G2 1DU
Phone 0141 287 0460
Fax 0141 287 5569
Dear Smith, Peter (CEO),
Thank you, could you advise on question 3 of my request relating to the revocation of licenses as a result of test purchases.
Even although Police Scotland carry out the test, I believe it would be up to the licensing board over what action (if any) to take? If so, can you advise if any licenses have been revoked due to a reported test purchase failure by Police Scotland.
Yours sincerely,
C Henderson
FAO C Henderson,
Dear Sir/Madam
Your original question asked:
"In the event of a failure, please advise how many resulted in the premises license being revoked?"
As set out in our response, Police Scotland are responsible for carrying out Alcohol Test Purchases. In the event of a test purchase failure, it is for Police Scotland to determine what action, if any, it will take against the individuals involved in the test purchase as well as the licence holder of the relevant Premises Licence.
In dealing with test purchase failure there are a variety of options and powers available to Police Scotland however, as I have set out in the original response, it would be for Police Scotland to explain their approach and policies in respect of test purchase operations.
For clarity, Police Scotland do not have any statutory powers that would enable them to revoke a Premises Licence following a test purchase operation.
In your further correspondence you state:
"Even although Police Scotland carry out the test, I believe it would be up to the licensing board over what action (if any) to take?"
I would not agree that this is an accurate representation of the position.
As outlined above, it is entirely for Police Scotland to decide what action they will take in respect of test purchase failures.
Where a test purchase failure occurs in a licensed premises there is no statutory mechanism that requires that Licensing Board either to be made aware of the failure or to take action in respect of the test purchase operation.
In determining what action to take, if Police Scotland believe it is necessary, they can make an application to the Licensing Board for Review of a Premises Licence under Section 36 of the Licensing (Scotland) Act 2005.
Section 36 does not allow Police Scotland to make an application simply because there was a test purchase failure in a licensed premises. The grounds for review are set out in section 36(3) of the 2005 Act specifically as:
(a) that one or more of the conditions to which the premises licence is subject has been breached, or
(b) any other ground relevant to one or more of the licensing objectives.
It would be for Police Scotland to detail in their application exactly how the specific circumstances of a failed test purchase related to the grounds for review. It is important to stress that even when Police Scotland bring a review which contains reference to a failed test purchase, it may not be the test failure that it is being linked to the grounds for review.
(A simply example could be where the investigation following a failed test purchase reveals a lack of training records and that matter is referred to the Board as a possible breach of licence conditions)
In the first instance the Licensing Board would then consider if the review application by Police Scotland had established valid grounds for review and, if so satisfied, the matter would referred to a Review Hearing.
At a review hearing the Licensing Board may, if satisfied that a ground for review is established (whether or not on the basis of any circumstances alleged in the premises licence review application considered at the hearing) take any of the following steps the Board considers necessary or appropriate for the purposes of any of the licensing objectives:
(a) to issue a written warning to the licence holder,
(b) to make a variation of the licence,
(c) to suspend the licence for such period as the Board may determine,
(d) to revoke the licence.
As such the Licensing Board cannot revoke a Premises Licence due to a failed test purchase; it can only revoke a licence where the grounds for review set out in section 36(3) have been established and where it considers it necessary and appropriate for the purposes of any of the licensing objectives.
I trust this clarifies the situation.
Kind regards
Peter
Peter Smith
Development & Information Officer (Licensing)
Licensing Section
Glasgow City Council
City Chambers
George Square
Glasgow G2 1DU
Phone 0141 287 0460
Email [email address]
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