Following a change of policy by the Lord Advocate, which allows the use of young people to test purchase age restricted products, South Ayrshire Council’s Community Safety Committee has decided to deploy young people in South Ayrshire for this purpose.

In 2002, the Lord Advocate announced a review of prosecution policy in the use of young people for test purchases.

The Scottish Government chose four Councils, Edinburgh, Moray, Stirling and South Ayrshire to undertake a two year pilot, and to assess the issues of using young volunteers in test purchasing tobacco. One of the main aims of the pilot scheme was to evaluate the welfare and safety of the young participants.

The results of the pilot project were independently evaluated, and overwhelmingly positive in favour of using young people for test purchasing.

South Ayrshire had the lowest proportion of under-age sales, and young
volunteers relished their participation and feedback to the evaluators was that the experience was highly rated by them.

As a result of the success of the pilots, the Lord Advocate announced, in February 2005, that the use of young people for test purchasing was to be allowed and the strict protocols designed by the pilot authorities were to be adopted. These included covert Trading Standards officers accompanying volunteers at all times, training which included role playing, parental consent and risk assessment of premises.

South Ayrshire and the three other local authorities have been given immediate authorisation to conduct this type of work, but the rest of Scotland will only be permitted to do so once proper training has been given.

Convener of the Council’s Community Safety Committee, Councillor Douglas Campbell said: “Using young people to test purchase age related products such as fireworks, cigarettes, aerosol spray paint and solvents is one way of achieving legal compliance.

“Council Trading Standards Officers are committed to working with young people to educate, advise and train them in responsible behavour with regards to age related purchases.

“In South Ayrshire there is a robust Proof of Age Scheme, and there is no excuse for businesses selling age restricted products to people under the required legal age.

“I hope that test purchasing will continue to be an effective deterrent to people who are tempted to sell to those who are underage, and businesses must remember that they can be prosecuted for this practice.”

Underage drinking can be a contributor to antisocial behaviour amongst young people, however alcohol is the only product expressly excluded. This is partly because it requires a change in the law that currently states that the attempted underage purchaser also commits an offence, not just the seller. The Lord Advocate has stated he has reservations on this in relation to welfare issues, due to the type of premises involved, and the greater likelihood of the young person having to give evidence in court.

Young people have been used for test purchasing in England and Wales by changing the law and removing the offence of attempting to purchase if ‘acting under the direction of a Police Officer or Weights and Measures Inspector or Trading Standards Officer.

Members of the Committee have instructed the Council’s Depute Chief Executive and Director of Development, Safety and Regulation to make representation to the Lord Advocate asking that the test purchasing on alcohol be included in his proposals.

April 2005