Scottish Government

4. RESULTS

4.1 LICENSEE INTERVIEWS

4.1.1 Licensee sample

Table 4.1 demonstrates that 48% of interviews at baseline and 45% of interviews at outcome were carried out with licensees working in all off sale premises combined; a slight majority of interviewees represented the on sale sector. As would be expected, given the relative numbers of the respective outlets in Fife, the two most common categories of licensees interviewed were based in licensed grocer/shops (32%) and pubs (49%). The category of nightclubs was also expanded to cover 'fun' pubs - larger-scale theme pubs in the main with more similarities to nightclubs than pubs.

Table 4.1 Licensee interviews - types of outlet by research phase

At baseline, 99% of licensee interviews were conducted with untargeted licensees (premises not visited for a test purchase at interview). The outcome interviews were conducted in late March and April 2007; all of the interviewees worked in targeted premises. In addition:

• 42 of the 100 outlets had sold alcohol to volunteers during the first test purchase visit
• 31% of off sale compared with 51% of on sale outlets had sold alcohol to volunteers
• 38% of premises were in Central Fife, 37% in Western Fife and 25% in Eastern Fife

4.1.2 Knowledge, awareness and views of test purchasing

Table 4.2 shows that reported knowledge of test purchasing increased greatly between baseline and outcome, with two times the number of licensees at outcome saying that they knew a lot about test purchasing (51% vs 26%, P<0.001; i.e. the probability that the difference observed is real is greater than 99.9% ). At baseline, though, 42% of licensees reported that they knew little or nothing about test purchasing despite the fact that there was a lot of publicity and awareness-raising related to the pilot exercise.

Table 4.2 Knowledge of test purchasing by research phase

At outcome, 51% of both the off and on sale licensees said that they knew a lot about test purchasing. This represented a major change for on sale licensees in particular - at baseline only 4 (8%) on sale respondents compared with 46% of off sale respondents said that they had a lot of knowledge of test purchasing. Nine of the 11 interviewees who reported that they knew little about test purchasing at outcome were on sale licensees.

Figure 4-A demonstrates that awareness of the pilot itself among licensees also increased at outcome, with 76% of licensees stating that they were very aware of the pilot (76% outcome vs 51% baseline; P<0.001). All premises had been visited at the time of the outcome interview; only one respondent said that they were not very aware of the pilot at this phase.

Figure 4-A Awareness of test purchase pilot by research phase

At baseline over 61% of respondents said that test purchasing was a very good idea, compared with only 44% of interviewees at outcome (see Table 4.3); this difference was statistically significant (P<0.05: i.e. the probability that the difference observed is real is greater than 95%). However, over 86% of licensees at outcome reported that test purchasing was at least quite a good idea. It should be noted, though, that there was little difference between the responses of those that sold alcohol to volunteers and those that passed the test. Although 51% and 36% of off sale and on sale licensees respectively thought that test purchasing was a very good idea at outcome, this difference did not reach statistical significance.

Table 4.3 Views of test purchasing by research phase

Notes to table *Don't know/Can't say = 1; ** Don't know/Can't say = 2.

4.1.3 Likelihood of being targeted during pilot

It can be seen in Table 4.4 that 90% of licensees at outcome compared with 78% of licensees at baseline perceived that it was at least quite likely that they would be subject to a test purchase visit during the pilot phase (P<0.05). Also, at outcome higher percentages of licensees (71%) who represented outlets which had failed the first test purchase test thought that it was very likely that they would be subject to a test purchase visit in the future.

Table 4.4 Likelihood of test purchase occurring at outlet by research phase

4.1.4 Proof of age card schemes

The interviewees were asked for their perceptions of existing proof of age card schemes, such as the PASS accredited Young Scot, CitizenCard or ProveIt card schemes. Table 4.5 shows that there were slightly higher levels of support for proof of age card schemes at baseline. Also, by comparing Tables 4.3 and 4.5 it would appear that the licensees seemed to prefer test purchasing to existing proof of age card schemes as an enforcement measure. It should be noted, though, that 38% (n=16) of those licensees who failed the test at outcome said that proof of age card schemes which were already in existence were not a good idea.

Table 4.5 Views of proof of age cards by research phase

Notes to table *Don't know/Can't say = 2.

At outcome, 99% of licensees stated that they would ask for proof of age information (cards, driving licences, passports etc) if they had doubts that the person purchasing alcohol was above the age of 18 or 21 years (see Table 4.6). Even given the fact that the percentage of licensees giving a similar response at baseline was relatively high (92%) this difference was statistically significant (P<0.05), suggesting that the pilot had affected reported behaviour.

Table 4.6 Requests for proof of age cards/information by research phase

4.1.5 Training of staff and licensee practice

Table 4.7 shows that there was some evidence of an increase in reported training levels of staff at outcome, with only one licensee who employed staff saying that no training was given. Over 83% of licensees who failed the initial test now reported giving at least 'quite a lot of training' to staff at outcome. Also, levels of reported training appeared to have increased particularly within the on sale sector at outcome, although 11 of the 16 respondents who reported giving staff little or no training represented on sale premises. However, at baseline only a slight majority of the on sales licensees said that they provided staff with at least 'quite a lot of training', compared with over three-quarters of on sale respondents at outcome.

Table 4.7 Amount of staff training by research phase

Those licensees that gave training to staff were asked to describe it in more detail. The open-ended statements suggested that both formal and informal training was given to staff. However, there was wide variation in the amount of training offered. Supermarket respondents tended to report having active training programmes, sometimes encompassing test purchasing, as well as ensuring staff were all aware of relevant policies, and use of refusal books. Some public house licensees said that staff had attended 'Serve Wise' training sessions. On the other hand, many interviews argued that common sense had to be used and there was little training to be given, apart from ensuring that proof of age had to be asked for if staff were unsure as to the age of the purchaser. It should be noted, though, that respondents who reported extensive or minimal training programmes represented outlets that still failed the test.

"Basically telling staff to be aware. If they don't look 21 years, ID them." Respondent 212 (Pub, Sold alcohol)

"Attended seminar… Team briefings, notice boards, business policies, refresher training, awareness linked with CCTV, quiz and security tops on high-priced merchandise e.g., vodka. Post test purchasing I invited police into store to demonstrate the seriousness of an individual's actions through a team brief…." Respondent 215 (Supermarket, Sold alcohol)

"Just common sense and being aware..." Respondent 231 (Licensed Grocer, Did not sell alcohol)

"We use the Serve Wise course, 75% of staff have certificate… Staff awareness and refresher courses approximately every three months." Respondent 234 (Pub, Did not sell alcohol)

"I send in random test purchasers. I insist they must ask for ID if they look under 18. Make them aware of the licensing laws about who and who not to sell to and to also be aware of people buying excessive alcohol." Respondent 315 (Licensed Grocer, Did not sell alcohol)

"One lady she has worked for years, she knows what to do. One young girl of 16, she is the one who made the mistake. I have told her what to do but still she made the mistake." Respondent 417 (Licensed Grocer, Sold alcohol)

Figure 4-B demonstrates that licensees were more likely to state that the pilot would have an impact on their own retail practice at outcome compared with baseline, although 36% also said that the pilot would not affect their practice in any way. About 48% (n=20) of respondents who failed the initial test purchase visit reported that the pilot would have at least quite a large impact on their retail practice. However, 31% (n=13) of those that represented premises that failed the test also said that their retail behaviour would not change.

Figure 4-B Perceptions of impact of test purchase pilot on own practice by research phase

At outcome, 42% of respondents were unable to give an opinion as to how the pilot would impact on other licensees in the area (see Table 4.8). However, the majority of those able to give a view in both research phases thought that the test purchase pilot would impact upon the retail practice of other licensees.

Table 4.8 Perceptions of impact of pilot on practice of other licensees in area by research phase

4.1.6 Measures aimed at stopping alcohol sales to underage young people

The interviewees were asked what they thought the best way of stopping the sales to those who are under the legal age to purchase alcohol would be in the future. Table 4.9 shows that the most popular response at baseline and outcome was for test purchasing to be utilised in combination with the use of a robust, nationally-accepted proof of age card scheme ( i.e. one not already in existence); 54% of licensees held this view. About one-quarter of interviewees thought that a move towards a nationally-accepted proof of age card scheme was the most appropriate way to restrict sales of alcohol to those under the age of 18 years. The "other" category was mainly comprised of those licensees who gave a combination of various options from Table 4.9. As a result, at outcome 57% of licensees called for test purchasing to be carried out, albeit in combination with other methods. At outcome 13% of licensees thought that there should be increased surveillance carried out by police officers (9% plus 4% in 'other' categories). It is important to note that there was very little support for the status quo and no support at all among licensees for test purchasing to be adopted in isolation.

Table 4.9 Licensee views of measures to restrict sales of alcohol by research phase

Twenty (48%) of those licensees that represented premises that failed the test purchase visit perceived that test purchasing combined with a new, national proof of age card scheme was the best way forward. It is also worth that about 15% (n=8) of respondents representing the on sale sector, and seven of those interviewees who sold alcohol to volunteers, called for increased surveillance from police officers in the future.

4.1.7 Views of the test purchase visit

All of the licensees interviewed at outcome were aware that a test purchase had been conducted in their retail outlet or bar. Table 4.10 shows that other senior staff members were serving during 50% of the failed test purchase attempts. However, senior staff sold alcohol on

Table 4.10 Staff member serving at time of test purchase by result of test purchase visit

Notes to table *Can't say/Don't know = 2.

44% (20 out of 45) of occasions in which they were at the point of sale; whereas junior staff sold alcohol on 50% of occasions (13 out of 26). Table 4.18 (see page 31) supports the view that most failures resulted when junior staff were serving. It should be noted that nine of the 13 sales occurring when a junior member of staff was serving took place in bars, hotels or nightclubs. The 'other' category included temporary staff, members of family and premises which had been visited on more than one occasion, with different staff members serving.

Table 4.11 shows that staff in outlets which passed the test were more likely to state that the visit had been quite obvious to those concerned. However, it is worth noting that a majority of respondents who passed or failed the test said that the visit was not at all obvious. On sale respondents were more likely to say that the test purchases were quite obvious (over 30% said the visits were at least quite obvious). Alcohol was sold during five tests when, according to the interviewees, it was quite obvious to staff (presumably in retrospect) that it was indeed a test purchase visit.

Table 4.11 How obvious test purchase was to staff serving by result of test purchase visit

Notes to table *Can't say/Don't know = 5; **Can't say/Don't know = 4.

Table 4.12 shows that licensees who represented premises which passed the test were twice as likely as those that failed the test to say that the visits had been conducted in a very fair manner. It is also important to note that the vast majority of all respondents argued that the tests had been carried out fairly. Twelve respondents felt unable to give a view, presumably because they were not on the premises when the visit took place.

Table 4.12 Perceptions of fairness of test purchase by result of pilot visit

Notes to table *Can't say/Don't know = 6.

As was the case at impact, the general consensus was that the test purchases were carried out quite fairly, the volunteers did not or were not made up to look over 18 years and if they were challenged by staff they told the truth about their age and accepted the staff member's decision. Some of the respondents added that members of staff had not followed procedures or had not been concentrating fully, for example, due to personal problems or believing the plain clothed officers to be acting suspiciously and thus lacked judgement when they sold to the volunteers. A minority of licensees, though, argued that the volunteers looked over 18 years of age, female volunteers were wearing make-up and male volunteers were very tall, and in a few instances the volunteers were quite persistent at the point of sale. Such cases were viewed as verging on entrapment. It was also stressed that it was very difficult to gauge the age of young people. Similarly, a few licensees thought that police might spend their time more fruitfully elsewhere, such as targeting groups of young people drinking in public places.

"The barman actually said it was a joke. Two policemen came in first and then… two wee girls came in, they didn't look 15." Respondent 404

" I've heard some people saying that they are dressed up to look older but at the end of the day that's what youngsters do so if it makes us even more careful then I don't mind if it's fair or unfair. We should be challenging young people and checking ID." Respondent 405

"I think the whole system is unfair but I can't say if that actual test purchase was, I didn't see the person. It was just annoying because we are very vigilant anyway and the chap that was serving had had a bit of an upset that morning so he obviously wasn't entirely focused. As I say, I never saw the girl but one of the customers said the police woman looked younger than the girl!" Respondent 413

"There was no trickery involved, the youngster looked underage, admitted it when asked and there was nothing underhand about it." Respondent 427

"We were warned that test purchasing was going on and after we were caught the first time the police were brilliant, they said 'now tell your staff we will be back'. I did but it happened again. That's our fault, there isn't anything unfair or underhand about it, we were warned." Respondent 430

In total, 36% of licensees stated that they had made changes to their premises or their retail practice as a result of being targeted during the pilot phase. Figure 4-C demonstrates, though, that almost three-quarters of licensees representing premises that failed the test (n=31) reported that changes had been made to their retail practice.

Figure 4-C Changes made to premises and retail practice as a result of test purchase visit

Most interviewees stated that they were now more vigilant as a result of being targeted during the pilot, they had stressed to staff the importance of sticking to recognised procedures and to ask for proof of age documentation if they had any doubts. The serious consequences of failing test purchase visits or being caught selling alcohol to those below 18 years of age was underlined, and a few respondents said that staff members had been sacked as a result of selling alcohol to volunteers. Many comments were received which indicated that staff were now being advised to ask for proof of age from people up to the age of 30 years. Some licensees had now incorporated an 'over 21s' policy as a result of the pilot. Staff training as a whole appeared to have increased after the test purchasing took place. In some cases new policies and procedures had been adopted as a result of staff failing the test purchase test, and in one case the shop no longer sold alcohol. Those licensees who reported that no changes had resulted tended to state that they had already implemented quite robust training protocols and that staff were fully aware of their responsibilities.

"If under 30 years ask for proof of age. The public hate it but should carry ID, it is the only way to protect yourself." Respondent 205

"We have highlighted the over 21s sign and they will be ID'd if they look under 21. We have reduced the number of alcopops on display and reduced the number of single cans. We sell them in multipacks now which discourages young people to ask because they're more expensive." Respondent 315

"We've decided not to sell alcohol anymore… It's such a limited part of our merchandise that it's hard for staff to stay focused and ask for confirmation of age… It's not worth me putting someone else through the course; then you have all the Sunday carry on where it has to be covered up. I'm quite glad to be rid of it." Respondent 408

"We are much more vigilant now and we've put in CCTV so I can check on everything. It makes staff more aware if everything being recorded. I've also put signs up on the till to remind staff to check." Respondent 418

The licensees were asked if they wanted to make any additional comments. Most of those who responded argued that test purchasing was a good idea, although it should not operate in isolation. Other interviewees thought that it would not address the issue of adults buying alcohol for younger people, and police should also be dealing with large groups of young people drinking on street corners or public parks. Many in the on sales trade argued that test purchasing should be focused on specific shops which were said to be openly flouting the law. A few licensees also called for more support to be given to them by police officers working within the community.

4.2 VOLUNTEER INTERVIEWS

4.2.1 Background information

The interim report covers the views of the first group of six volunteers who were interviewed during the baseline and impact research phases. However, five more volunteers were recruited to take part in the evaluation and were first interviewed in November 2006 and then again towards the end of the pilot in April 2007. The interviewees were all aged 16 years at the time of the interviews. The interviews were carried out with three male and two female volunteers, and each area of Fife was represented.

4.2.2 Involvement in the test purchase pilot

The volunteers said that they had been sold alcohol on a total of twenty occasions, with one interviewee stating that he had been sold alcohol on 10 separate occasions. All of the volunteers had been sold alcohol at least once.

4.2.3 Training and briefing for the pilot

As was the case with the first cohort of interviewees, the volunteers reported that the briefing they had received from the police had been very thorough and had covered every aspect of the pilot. No changes were suggested.

"Because I knew exactly what to do, I knew what was going to happen whether I was sold alcohol or not. I didn't have to ask, it was all explained." Respondent 2

4.2.4 Parental reaction to involvement in the pilot

The volunteers thought that their parents were very much in favour of their participation in the pilot. It was said that the parents' views were that it was good work experience and also beneficial for the community.

4.2.5 Perceptions of the test purchase visits

The respondents were asked what they liked and disliked about taking part in test purchase visits. At the outcome phase the volunteers stated that they liked being paid for the work, test purchasing could be an interesting experience and it was worthwhile to have an insight into the work of the police. On the other hand, the interviewees reported that it could be embarrassing to be asked for their age during actual visits, and it could be quite boring to wait for police to finish the necessary paperwork after a sale had occurred.

"The money was good but apart from that I thought it was an interesting thing to do, a new experience... it was quite strung out, we would be out for about four hours but only make two visits. The hanging about could be a bit boring, it takes a while to process things when there has been a sale." Respondent 3

The volunteers all said that taking part in the pilot had been very much as they had expected, as the police had covered all possible scenarios during the initial briefing. No interviewee was able to give an example of any surprise events that had arisen during the pilot.

The volunteers reported that they were no longer participating in the pilot as either the project had ended in their area or they had turned 17 years of age.

4.2.6 Future test purchase exercises

All of the volunteers indicated that they would be willing to take part in future test purchase exercises if they were of an appropriate age. This was also the case with the six volunteers who took part in the earlier phase of the project. The five interviewees went on to say that the experience had been good fun, they enjoyed being paid for their time and they had hopefully been responsible for helping the community in some way. Indeed, this group of volunteers could not think of any changes which would improve future test purchase projects.

"I enjoyed it, it was not hard, and it did some good." Respondent 4

"It was fun. I got paid, it was good experience and I saw how some shops operated and behaved." Respondent 5

4.3 INTERVIEWS WITH PARENTS

4.3.1 Background information

The interim report addresses the views of the first group of six parents who were interviewed during the baseline and impact research phases. However, five more volunteers and their parents and carers were recruited to take part in the evaluation and were first interviewed in November 2006 and then again towards the end of the pilot in April 2007. Four mothers and one father were interviewed.

4.3.2 Awareness of the progress of the test purchase pilot

The parental respondents said that that they had been quite or very well informed by the police officers throughout the pilot. No individual had any complaints about the level of information provided by the police, although a few comments were received which suggested that the volunteers did not always say a great deal about the experience to their parents.

"We had a visit from a police woman before it started and that was very informative. She explained everything and I didn't have to ask any questions. Each time she has been out, the police have been very good at telling us when she would be picked up and dropped off." Respondent 2

4.3.3 Perceptions of the training and briefing programme

The interviewees reported that the briefing given to volunteers by police officers was thorough and prepared them for their participation in the pilot. It was also said that a volunteer had spoken to young people who had carried out test purchases before to gain more understanding of the processes involved. One parent thought that it was very difficult for police to prepare volunteers for every possible eventuality.

"I don't think you can ever know exactly what to expect with something new. They did explain what would happen in the different scenarios if alcohol was sold or not." Respondent 3

4.3.4 Views of volunteer participation in test purchasing visits

The parents were asked what the volunteers had liked best and least about taking part in the pilot. According to this group of parents at outcome the volunteers liked getting paid or rewarded for their work, they enjoyed providing a public service by working alongside the police and they found it quite exciting when they were sold alcohol. A few of the negative features noted by volunteers included the delays encountered when police had to inform or charge shop or bar staff, the fact that in certain areas the police were taunted by members of the community and other commitments clashed with possible test purchase activities.

"The money and I would say that getting to know the law was the best thing... When they asked her to do it over and over again. She turned it down the last time because she's got a boyfriend now so she doesn't have so much free time." Respondent 1

"When she was sold alcohol, she thought that was quite exciting. That and being taken by the police for coffee and cake to a café... I think there was quite a lot of hanging around when they were out, that's all." Respondent 2

"He didn't like the rough areas; people were shouting at the police and taunting them." Respondent 5

Two parents admitted that they had slight concerns about their children taking part in the pilot. One respondent wondered how her daughter would cope with the actual test purchase visits, whereas the other interviewee worried that the volunteer might be taken to premises too close to the home environment. However, both of these respondents said that their concerns had been unfounded. On the other hand, all of the respondents thought that taking part in the pilot would have benefits for the volunteers. It was viewed as being good work experience and a confidence-building exercise for the young people concerned. The volunteers were also thought to have appreciated working with the police, gaining an insight into the law related to alcohol sales and carrying out a worthwhile service for the community.

"Because she was nervous but she carried it out and realised she could, so that was good for her confidence." Respondent 2

"I think it's a good learning experience, it's given him an insight into police work, what goes on behind the scenes, that sort of thing." Respondent 3

4.3.5 Future test purchase exercises

Two of the parents said that they were unsure as to whether their children were still actively involved in the test purchase pilot, whereas the other respondents said that the volunteers had completed their work. Reasons given for the volunteers no longer participating in the pilot were that the pilot itself was at an end, the volunteer had turned 17 years of age and, in one case, the view was taken that the volunteer looked older than his actual age.

"They decided he looked too old. Some of the people that sold him alcohol disputed that he could only be 16." Respondent 3

All of the parents said that they would be willing for their sons or daughters to take part in future test purchase projects if they were of an appropriate age. This was due to the fact that the perceived benefits greatly outweighed any negative factors or concerns. Indeed, this cohort of parents could not think of any ways in which the alcohol test purchase pilot could be improved upon.

"Again, because it's good for her to be in a situation where she is a bit anxious but has to face up to things, that's how confidence is built. It is good for her to see how the police go about things and that people do actually get caught for selling to under age youngsters... I've given this some thought because I know you were coming but I can't think of anything to change." Respondent 2

"He enjoyed it, he enjoyed working with the police." Respondent 5

4.4 INTERVIEWS WITH POLICE STAFF

4.4.1 Background information

Four members of Fife Police Force were interviewed at impact and outcome. Three of the interviewees were interviewed during both phases, but due to a change of role a replacement was sought in one divisional area. The Interim Report covers the views of police respondents at impact, but at outcome the respondents were asked to reflect on the whole pilot exercise.

4.4.2 Test purchase test failures

At outcome the respondents thought that more test purchase failures had resulted than they would have originally anticipated, especially when first visits were considered. Also, the amount of publicity given to the pilot meant that the level of first test failures was arguably relatively high. However, it was acknowledged that relatively few outlets failed the test purchase revisit as the pilot progressed, and as a consequence the pilot had been a useful education exercise for licensees and staff.

"My first impression was we'd have a low failure rate because of the amount of information and literature we gave to the licensees but the rate of failures has been higher - we had 6 in one weekend. There was quite a difference in the second visits. I think some of the people serving did not fully appreciate the impact of failure - the learning curve from the first failure was immense." Respondent A

4.4.3 Feedback from licensees

The police interviewees tended to say that the licensees had reacted positively to the test purchase pilot. It was stated that licensees wanted to work with the police and had increased the training of staff and had placed relevant signage in the outlet as a result of the pilot. Due to the increased awareness of the issues surrounding young people and alcohol it was also reported that a number of adults had been reported to the procurator fiscal for purchasing alcohol on behalf of those under the age of 18 years. Negative feedback from licensees had also been received - in most cases the complaints came from those that had failed the test.

"A lot of them want to work with you. They have introduced more training to their staff and asking people for identification, they don't want to encourage under age drinking." Respondent B

"…we've had I think at least 2, possibly 3 cases of adults being reported to the Procurator Fiscal for purchasing alcohol and this is basically because of the raised awareness with shop staff, they're getting their suspicions that somebody is buying alcohol for kids outside, we're going along, getting the CCTV evidence, interviewing the kids and then getting evidence against adults so… it's been a positive add-on to the initiative." Respondent C

4.4.4 Views of volunteer participation in test purchase pilot

As was the case at impact, the recruitment and briefing of volunteers was viewed as being very successful. Some initial teething problems were noted, such as bureaucratic problems relating to the use of volunteers, or the fact that a minority of volunteers were not always available for test purchase activities when they had indicated. However, after initial teething problems were dealt with, the police respondents thought that the majority of volunteers recruited were very reliable and participated in the pilot with few problems.

The police interviewees perceived that the main benefits the volunteers had experienced as a result of their participation in the pilot were that they had gained worthwhile work experience and an insight into police work. Some volunteers were said to have become more confident as a result of taking part in the pilot. Also, the fact that volunteers were paid for their time was thought to have added to their enjoyment. Only one respondent was able to think of a negative issue that had been mentioned by a few volunteers. This was that a few volunteers could be disappointed if a sale did not result during a test purchase visit, and they also argued that to make the test purchase scenario more realistic they should have been allowed to say that they were 18 years of age.

"… if they were involved in an operation and they never got served then they were disappointed and you've got to manage that disappointment… some of them clearly said to us that they thought, as did their parents, why can they not say that they're 18?... because they're expressing to us that that would be more realistic." Respondent C

"I always speak to them and their parents and… I've never had one single comment from a parent or a test purchaser that's given me any concern at all about their participation." Respondent D

All of the police interviewees perceived that the volunteers would be willing to take part in future test purchase exercises, assuming that they were of an appropriate age. Volunteers were thought to have enjoyed the project, had benefited from their participation and had experienced few problems.

4.4.5 Perceptions of success of the test purchase pilot

The general consensus was that the pilot had been very successful at outcome. The fact that the police had managed to test all premises months ahead of schedule was thought to demonstrate how well the project had been organised and implemented. Also, it was thought that licensees had become more aware of the issues surrounding alcohol sales to young people, in particular after being subject to the first test purchase visit, and many were said to have tightened up procedures. However, the pilot was reported as resulting in an increase in adults buying alcohol for young people, which was beyond the scope of the project. Also, it was said to be a very resource-intensive exercise for the police.

"It has been successful because everyone is aware now, even if they have failed once must have passed a second time because they are re-educating their staff; they are making it clear they don't want to sell to underage people. Some are still getting drink but are getting older people to buy it for them…, this wasn't covered in the pilot." Respondent B

"… clearly there is a problem with adults purchasing on behalf of kids. We've had a number of complaints from licensed premises who have obviously raised their game, their levels of looking out, basically youths are congregating outside giving members of the public hassle to go in and… purchase alcohol..." Respondent C

"… and it went really smoothly and I base that on the lack of complaints about anything from anybody and obviously the fact that we're finishing the pilot about three months ahead of schedule, despite us having … some significant implications in terms of staffing for the divisions." Respondent D

4.4.6 Measures aimed at stopping alcohol sales to underage young people

All of the interviewees thought that the best way of restricting sales to young people was to adopt alcohol test purchasing in combination with the development of a robust national proof of age card scheme. Not all of the police interviewees seemed convinced themselves that a national proof of age card scheme was needed, but added that the licensees were calling for such an approach, and therefore this would assist future joint working between police and the licensed trade. As was the case at impact, a proof of age card scheme was thought to help licensed trade staff get in the habit of asking for the buyer's age, and the test purchasing visits could then assess how successfully retailers and bar staff were implementing such a policy.

"I think the national proof of age card scheme is a good thing anyway, it's certainly something the licensed trade vocally say would be appreciated in conjunction with test purchasing so number one I would say test purchasing combined with a national proof of age card scheme." Respondent D

4.4.7 Ways forward for the test purchasing pilot

At outcome the police interviewees were very positive about the conduct of the whole pilot. As a result they were unable to offer many suggestions as to how the process could be improved in other areas of Scotland, as initial problems such as heavy bureaucratic demands were said to have been already dealt with. One respondent hoped that it would be possible for other areas to carry out test purchases at different times of the week, but acknowledged that the availability of young people meant that restrictions would apply. However, the other suggestions related to addressing issues outwith the scope of the pilot. Issues which were thought to need addressing in the future included adults acting as alcohol purchasing agents for young people and the fact that those under the age of 18 years were able to sell alcohol; indeed this age group was viewed as being more likely to sell alcohol to their peers. The relative lack of suggestions of ways to improve test purchasing of alcohol in other areas of Scotland outlines the very positive impression the pilot had made on the police respondents.

"… we are missing young people getting adults to purchase alcohol as well in the pilot scheme. As to the way the scheme has run itself, I don't think there is anything that could be improved. It has improved as it has gone along, with the reduction in paperwork." Respondent B

"… I've been surprised at that you've had some shops… who have some people 15 or 16 years old selling alcohol… Our experience is that a lot of the times they don't ask for authority and if they do the person to give them authority is too busy and they don't really pay attention… I think that's an unfair burden to put on somebody that age, I think… you have to be 18 to buy it then you should be 18 to sell it." Respondent C

4.5 INTERVIEW WITH PROCURATOR FISCAL

4.5.1 Background information

A procurator fiscal who had been involved from the early phases of the alcohol test purchase pilot was interviewed in May 2007. The interviewee stated that he had liaised with Fife Police months before the official launch of the pilot in order to formulate the operational protocols and that he had regular dealings with the police since. Also, the fiscal had an overall supervisory role for the criminal aspects of the investigation and prosecution related to the pilot. Due to the learning gained from the alcohol test purchase pilot, the interviewee said that he had given presentations about the scheme and would be involved in advising others as to how the pilot might be rolled out in other areas.

"I was… involved with the police probably from about last April I would guess; in meetings regularly with the police, with X and the various police officers, so I was involved in the forming of…what the police call SOP - Standard Operating Procedures and the kind of template for reports that were coming in. And that continued fairly regularly, and I had meetings on a regular basis, or discussions on the phone, or meetings with X, and also with the police to hammer out a few issues that arose..."

4.5.2 Status of the pilot in Fife

The fiscal reported that the police were to submit reports every time there was a test purchase failure, but only after there had been a test purchase revisit within a fortnight of the initial failure. Hence, the reports which would reach the fiscal's office would relate to licensed premises which had either failed both tests or had passed the second visit only. Due to the relatively small number of outlets which failed the test purchase revisit there had been little impact on the work of the courts at the time of the research, although some cases had yet to reach court. The interviewee also thought that it was important to note that there was not a typical test purchase failure scenario; that all types of licensed premises failed the test, from small grocers to public houses, supermarkets and petrol stations, and that all premises had to learn to be more vigilant. As a result of the pilot seven separate people (four licence holders and three employees) had been or were being prosecuted in relation to alcohol test purchasing failures at four separate licensed premises - in one of these cases which had been dealt with during the evaluation a licensee had offered a guilty plea to three separate charges and had received a £225 fine.

4.5.3 Impact on the workload of procurators fiscal and the courts

The respondent indicated that the pilot had resulted in a substantial increase in his own and his office's workload, but the impact on the courts had been minimal. This was due to the fact that the fiscal concerned had an active role from the early phases of the project, had regular meetings and discussion with the police and had to consider all reports when a sale had taken place. However, there had been few cases when licensed premises had failed the test twice, and the fiscal also had the view that most failures were due to careless practice by staff, for example, due to lack of appropriate education and training, rather than deliberate attempts by licensees and their staff to break the law. In total, court proceeding were raised in relation to failures at four licensed outlets during the pilot.

"It's been very resource intensive for the fiscal's office, it's had a minimal impact on the courts because… by the number of prosecutions you are not talking of much effect at all."

4.5.4 Links between procurators fiscal, the police and licensing boards

The relationships forged with the police during the whole pilot were viewed as being very positive and constructive by the fiscal. The interviewee stated that any problems had been ironed out quickly, and the pilot had progressed with few problems as a result. The major problem identified was that, after a very good start to the pilot, some police officers did not submit enough information to the fiscal, particularly in relation to the test purchase revisit. However, once this was pointed out to the officers concerned, the reports which were then submitted contained the required amount of information. The police force rather than the fiscal has contact with licensing boards, although the respondent said that the boards' decisions had to be taken into account, along with all other relevant information. However, there was also said to be a clear distinction between the role of the licensing boards and the criminal prosecution. Licensing boards were said to need to consider whether licensed outlets were being run in an appropriate manner and, as a result, if a licence should be in operation, whereas the prosecution had to assess whether there was sufficient evidence to prosecute an individual and also if it would be in the public interest to do so.

"… because at one point in the proceedings I was a bit concerned that they weren't really investigating the cases as fully they should in relation to the licensee… it's more in relation to gathering of evidence, and making sure that they properly carry out enquiries and properly interview the parties who are there. And…it started out okay but the information that was coming through in the reports as time went on wasn't as good as it should be… So for a very short period I said 'don't submit any more reports unless they have this information'. And the police took very quick steps to remedy that because basically the police officers weren't following the agreed process."

4.5.5 Perceptions of success of the pilot

The fiscal perceived that the pilot had been very successful. There were a number of reasons given for this, but the most important factors were that the pilot had sought to educate and inform licensees, and did not attempt to maximise the number of test purchase failures, and the links with police had been positive and there had been useful feedback between police officers and the fiscal's office. The relative lack of prosecutions at the time of interview was also viewed as arguably being a sign of success, in that the publicity and provision of information to licensees was as much part of the enforcement programme as a whole, and few retailers or bar staff appeared to be breaking the law deliberately.

Few negative issues arising in the pilot were noted. The interviewee thought that the pilot was very resource intensive for Fife Police in particular. It was also stated that it would be useful to be able to link the number of test purchases with alcohol-related offences involving young people, and thus have some awareness of the cost-effectiveness of the approach, but the respondent acknowledged the difficulty of making such a direct association.

"… I think it's been very successful and… I would like to think it's because we have taken a broader view, I could have viewed this very narrowly and just taken the reports that came from the police,…whereas if there were any issues like that, I was going back to the police and discussing that with them and saying … 'there are lessons to be learnt, let's try and get this correct, or I have taken no proceedings against this individual because of reasons A, B and C'. And there has been a healthy degree of feedback… the prosecution should not be viewed in isolation, the number of prosecutions… is not necessarily indicative of success… it needs to be seen as part of the bigger picture of enforcement as a whole"

4.5.6 Future of alcohol test purchasing in Scotland

The fiscal was asked if there were any concerns if the pilot were to be rolled out across Scotland on the basis of the pilot, as well as what the major benefits of such an approach would be. As the pilot was viewed as being a success, and problems such as lack of information being submitted in police reports had been swiftly dealt with, the respondent had few concerns about test purchasing being adopted more widely. However, it was reported that any wider implementation should not be rushed, and it would be advisable to follow a similar approach to the pilot with an initial publicity drive and attempts to educate licensees in the first instance. For example, the training of shop or bar staff was not always viewed as being rigorous enough, and all types of licensed premises failed the test. Also, it was said that those licensees that fail test purchasing tests should be subject to criminal prosecution as the ultimate deterrent, when such a prosecution is in the public interest and there is evidence of a crime being committed against an individual. It was thought important, though, that the ultimate deterrent of prosecution remained, and that alcohol test purchasing had to be carried out by the police, and not other professional groups. Indeed, the close working relationship adopted by the fiscal and Fife Police during the pilot was thought to be worth replicating elsewhere when alcohol test purchasing is implemented across Scotland.

"…prosecution is not the answer in itself… it's part of the enforcement process and it needs to be looked at in its context because that on its own will not stop people selling alcohol to folk under age. But one of the things that is very obvious in a campaign like this is if there is a failure then it's an ideal opportunity to properly educate licensees about the responsibilities and you have got them at a time when they are more likely to listen… a big part of this is down to a question of supervision and training then you are not necessarily going to cure that by having prosecutions. You are going to have to have the education there as well… That education message has to get across and prosecution as the kind of ultimate deterrent has value because people still see that, there is still stigma undoubtedly attached to a criminal prosecution."

4.6 VIEWS OF KEY LOCAL GROUPS

4.6.1 Background information

Three focus groups were convened in April and May 2007 with licensing board, community council and Fife Drug and Alcohol Team ( DAAT) members. It was decided to convene these groups separately, and not to mix the respondent type in the three groups. Only three or four members attended each group. It is also important to note that the respondents acknowledged that they did not have a great deal of awareness or information concerning the way the alcohol pilot was conducted as a whole. However, licensing board representatives had knowledge of individual cases, and other groups were also able to comment on specific events or observations in their areas or related to their work.

4.6.2 Impact on the work of the key local groups

The pilot had not resulted in a great increase in the work of the groups in question, although the different licensing boards had considered test purchase failures at their hearings and various subgroups of the Fife DAAT had had contact with the pilot at different phases, for example, due to the issue of volunteer recruitment. However, respondents from all groups were able to give their views in relation to the impact of the pilot on licensees, the police, young people and the criminal justice system as a whole.

"... It was important that the board members had the opportunity to have an introduction to the scheme… And the judiciary… they were quite happy that we could deal with incidents where the police… the first (test failure) would be a warning, if they were caught again then they would bring that incident to the board so the board could take an independent decision on whether to suspend the licence or not…"

"It increased (workload) quite a bit because hearings sometime take quite a bit of time and in one situation we have had to then try and cope with a hearing being suspended because the individual couldn't attend…" Licensing Board Group

4.6.3 Links between the different groups, procurators fiscal and the police

The different groups participating in the discussions reported few dealings with each other in relation to the pilot. However, all of the groups had experienced at least limited contact with the police, who had been informing members of any significant developments and also received feedback from the groups themselves, for example, in relation to places where young people were congregating with drink or outlets that were perceived as selling to those under the age of 18 years. Limited, if any, contact with the procurators fiscal was reported.

4.6.4 Impact of the pilot

The focus groups addressed the impact of the pilot on the practice of licensees, as well as alcohol-related anti-social behaviour of young people and drinking cultures more generally. The general consensus was that the pilot had made most impact on licensees, as they had been forced to tighten up their retail practice and had become more aware of their responsibilities. Training of staff was now said to be a greater priority for licensees. In addition, it was reported that public awareness of the issue had increased as a result of the pilot, and more calls were being received to alert the police that a particular outlet was selling alcohol to the under 18 age group.

In terms of impact on anti-social behaviour involving young people, and the drinking culture of young people in Fife, the pilot was viewed as having a limited impact at best. Examples were given of places or outlets where young people used to gather, but had moved on once the licensees had tightened up their practice or the police had targeted the youths themselves. However, the overall view was that in such circumstances young people were going elsewhere to drink, and that they were managing to access alcohol from other sources. It is important to note that every group perceived that there was an increase in the number of adults acting as agents for young people and purchasing alcohol as a result of the pilot.

"Well before we had groups and it was always seven o'clock on a Saturday night you got them coming along, and you could see them actually standing outside the licensed premises… You don't see them standing outside the shops in the same way. There might be still situations where they will get people to go in and buy alcohol for them…"

"It hasn't stopped the under age drinking though, it is still going on in corners, in the public park, in the station gardens and other places like that…" Licensing Board Group

"I find that any experience I've had with it, it's the older youths that are making the purchase …and supplying the others on the street …"

"… the issue has been addressing the selling of it, not the getting it, I don't believe that the youth access to alcohol has been significantly restricted to assess any positive benefit within the community." Community Council Group

"One of the groups I am involved in has the local licensee from X… sitting on the group. And they actually saw it as quite a positive thing because I think some of the licensees were sick fed up of all getting tarred with the same brush. …they were quite pleased to see maybe some of the less reputable ones being challenged through this…" Fife DAAT Group

4.6.5 Perceptions of success of the pilot

Not all of the respondents felt able to give a view as to the overall success of the pilot as they were unaware of the impact on sales of alcohol to young people or instances of alcohol-related crime. Those that did offer an opinion thought that the pilot had been successful, it had tightened up the practice of licensees in the area and had resulted in improved training programmes for staff, as well as increased requests for proof of age information, and there was an increased awareness of problems related to alcohol and young people among the general public. The licensing board representatives also thought that bar and shop staff were now aware that someone responsible had to be at the point of sale at all times, and that more outlets had adopted an over 21 years of age sales policy for alcohol.

Negative factors were also noted. As has been said, most respondents thought there was little or no evidence that young people's drinking patterns had altered. Adults acting as purchasing agents were also perceived as being more common as a direct result of the pilot. Respondents also stated that the pilot had been very resource-intensive for the police, although the unique demands placed on the police as a result of the blanket coverage necessitated by the pilot was acknowledged. On the whole, though, the pilot was viewed as being successful even if the view was that test purchasing alone would not solve problems related to young people's consumption of alcohol.

4.6.6 Future of alcohol test purchasing in Scotland

The respondents thought that there was merit in other areas adopting test purchasing. The pilot in Fife was viewed as being successful overall, and indeed one of the concerns expressed in the groups was that test purchasing should continue as it was thought likely that some licensees would revert to their previous practice if it were dropped or used sporadically after the pilot. In addition, a few comments were elicited calling for the extension of test purchasing to allow it to cover scenarios in which either 'agents' were acting for young people or licensees were asking for proof of age, knowing that only test purchasers would tell the truth in such circumstances. Although the general awareness-raising element of the pilot was noted, the general view was that test purchasing took up a lot of police time and other areas should use it in more of an intelligence-led way.

It was also stressed that test purchasing alone would not solve the problems related to alcohol and young people. Therefore, a joint approach incorporating education of licensed trade staff, increased parental responsibility in order to restrict young people's access to alcohol and other wider issues, such as increasing the price of alcohol and limiting special offers in supermarkets and other outlets, were proposed. As a few group members feared the criminal courts might become clogged up with licensees who had failed test purchases a system which incorporated fixed penalty fines was also put forward. The licensing board members also said that boards in other areas of Scotland should adopt a similar hearing system to the one they employed during the pilot, and they also hoped that other areas would allow licensing boards to arrange such hearings before the case had been dealt with by the criminal justice system.

"Because in dealing with the hearing we are again dealing with a different situation. We were dealing with whether it is reasonable to consider that that person is not a fit and proper person to hold a licence and how long to suspend the licence. And that's been dealt with before it goes to court. But we are entitled to do that according to the criminal justice system. Now I don't know whether the rest of Scotland might say the same."

"They might say we will wait until it goes to court first, and then bring…but we felt that this was the right way to deal with it in the (area of Fife)" Licensing Board Group

"And I have heard of instances where licensees are asking everybody no matter whether you are 15 or 55, your age. And they know…if you are 15 and you say you are 18 then you are not part of the test purchasing process, so I have heard instances of that. And I suppose my only concern would be the need to make sure we keep it kind of fresh if you like, or else people are going to find ways around doing some of these things…" Fife DAAT Group

4.7 TEST PURCHASE DATA SHEETS

4.7.1 Background information

In total, 900 data sheets completed by police staff who had taken part in test purchase visits from June 2006 to April 2007 were analysed by the research team. It is possible that a number of data sheets went missing - police final totals suggest that 916 visits took place - although the number missing is likely to be very small as researchers did not count data sheets, if for example, the shop was no longer open or two first test purchase visits were conducted by mistake. Table 4.13 demonstrates that very similar percentages of off sale (51%) and on sale premises (49%) were visited. About 40% of the data sheets were submitted by Central Division.

Table 4.13 Test purchase attempts by police divisional area

In terms of the 900 data sheets:

• 11% of outlets (n=98) had been interviewed by ScotCen researchers during the baseline evaluation phase before the test purchase test took place (presumably the other two premises interviewed at baseline either were no longer selling alcohol or were missing data sheets)
• About 62% (n=560) of attempts utilised the services of female volunteers
• About 13% (n=119) of licensees said that they had an 'alcohol sales to over 21 year olds' policy.

4.7.2 Test purchase visits

Although 900 data sheets were submitted to the research team, it is important to note that no test purchase attempt took place on 42 of these occasions for a variety of reasons including:

• The outlet concerned no longer sold alcohol or was closed during the visit
• The police officers decided that there was a possible risk for the safety of the volunteers ( e.g. gangs of youths at the door of shop or bar), rowdy atmosphere in bar
• The licensee recognised one of the police officers conducting the visit.

In total, the data sheets covered 858 test purchase visits that culminated with an attempted purchase of alcohol (see Table 4.14). The vast majority of attempts (81%) were first visits to shops and bars, with 132 premises being subject to a revisit at the end of the pilot. The 'other' category was mostly comprised of premises that were reported as selling alcohol to young people as a result of intelligence received by the police. These were often revisits, but in this instance a failed first test was not the major reason for the repeated test purchase test. Most of the analysis below will focus on the first test purchase visits, as these are arguably the best assessment of the pilot exercise. Once an outlet has been visited as part of a test it tends to have an impact on the retail practice of the staff and they are probably less likely to fail the follow-up test purchase visit.

Table 4.14 Test purchase visits by type of licensed premises

4.7.3 Outcome of test purchase visits

Table 4.15 shows that in total about 18% of all test purchase visits resulted in volunteers being sold alcohol. However, the percentage of outlets that failed the first test purchase visit was slightly higher, with one in five of shops or bars selling alcohol to volunteers. This table also suggests that there should have been 139 revisits; it is likely that there was misreporting of revisits as 'other' surveillance-related visits or a few data sheets went missing.

Table 4.15 Outcome of test purchase by type of visit

Figure 4-D Percentage of premises failing test purchase tests by type of outlet

During the first test purchase visits similar percentages of off and on sale premises sold alcohol to young people (see Figure 4-D). Six shops and three bars or clubs sold alcohol to volunteers during the revisit, and three other shops failed the test when they were targeted as a result of intelligence received during the pilot. In total, when all types of visit are considered, 18.1% and 17.2% of on and off sale premises respectively failed the test purchase tests.

Table 4.16 demonstrates that sales of alcohol to volunteers during the first tests were higher in the Western area of Fife as opposed to the other two areas combined (25.6% vs 17.2%; P<0.01: i.e. the probability that the difference observed is real is greater than 99%).

Table 4.16 Licensed premises failing first test purchase by police divisional area

Figure 4-E demonstrates that there was very little difference between the on and off sales sector in terms of test purchase failures in West and Central Fife. The on sale sector, though, was much more likely to sell alcohol to volunteers in Eastern Fife (21.9% vs 6.5%; P<0.01). Indeed, despite the fact that the lowest level of sales to volunteers was observed in Eastern Fife, the level of sales in its on sale premises was greater than the percentage of achieved sales in either sector in Central Fife.

Figure 4-E Percentage of premises failing first test purchase by police divisional area

At outcome a higher percentage of male volunteers was sold alcohol during the first test purchase visit when compared with their female counterparts (23.2% vs 18.2%, see Table 4.17), but this was not statistically significant. Male volunteers obtained higher level of sales in Eastern and Central Fife, indeed the increased percentage of sales to male volunteers in Central Fife was statistically significant (24.2% male vs 12.6% female; P<0.05).

Table 4.17 Premises failing first test purchase visit by sex of volunteer

Figure 4-F shows that higher percentages of premises sold alcohol to volunteers during first test purchase visits as the pilot progressed. Sixteen percent of outlets sold alcohol to volunteers in the first phase of 2006 compared with 25% of premises in 2007 (P<0.05). It is possible, therefore, that after the initial publicity licensees were not as prepared for the test purchase visits in 2007 as they were at baseline.

Figure 4-F Percentage of premises failing first test purchase by date of visit

Table 4.18 shows that junior sales or bar staff were more likely to sell alcohol to volunteers during a first test purchase visit than more senior staff. Indeed, they were almost twice as likely to fail the first test purchase test when compared with the licence holders themselves (P<0.01). The 'other' category tended to be family members or cases in which the officers concerned were unsure as to the level of seniority of the staff.

Table 4.18 Premises failing first test purchase visit by status of shop or bar staff

Notes to table *Don't know/Can't say = 18.

There was little variation noted in the level of test purchase failures occurring in premises which had 'over 18' or 'over 21' policies. Similarly, premises which had been interviewed by researchers prior to test purchase visits had a similar level of sales to those which were not part of the baseline interview phase. When first test purchase visits are considered, proof of age documentation was requested on about 77% of visits (n=541). As would be expected, no sales resulted when shop or bar staff asked for proof of age documentation. In 90% of cases (n=125) sales of alcohol to volunteers resulted when proof of age materials were not requested. Presumably, in the remaining 10% of cases the person serving took the view that the volunteer was either under the age of 18 years or asked the volunteer directly for their age.

Table 4.19 suggests that licensed staff who had heard the radio adverts providing information about the alcohol pilot in Fife were much less likely to sell alcohol to volunteers compared with staff members who were unaware of the radio features (16% vs 33%; P<0.001). However, about 23% of the staff members in premises in which initial visits took place were unsure as to whether they had heard the adverts or not, and it might be argued that those who have just failed a test are less likely to say that they have heard relevant adverts. Although 57% of shop and bar staff targeted during the pilot for a first visit said that they had heard the adverts, this ranged from 47% of staff in Eastern Fife to 61% of staff in Western Fife (P<0.01). It should be noted that the highest percentage of test purchase failures occurred in Western Fife, despite having the highest reported level of awareness of the radio advertising.

Table 4.19 Premises failing first test purchase visit by awareness of radio advert

4.7.4 Aftermath of test purchase visits

After the test purchase had been completed, the police officers involved either charged staff if a test failure had resulted or informed staff members that they had passed the test purchase test. Figure 4-G shows that junior assistants or bar staff were most likely to be informed, as they were most commonly at the point of sale, but that more senior members of staff were also informed if they were available when a test failure resulted. However, the interviews with licensees at impact and outcome show that the licensees were aware that a test purchase had taken place in their outlet, regardless of whether their outlet had passed or failed the test.

Figure 4-G Premises failing first test purchase by persons informed by police