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Licensing (Scotland) Act 2005 (R011848)

Freeedom of information: Licensing (Scotland) Act 2005 (R011848)

Thank you for your e-mail of 29 November 2015 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

“This is a Freedom of Information request regarding licence holders prosecuted for serving alcohol to people who are drunk.

Can you tell me please how many of these prosecutions there have been in each of the following years – 2014-15, 2013-14, 2012-13, 2011-12 and 2010-11.

For each year, please provide a breakdown of establishments into supermarkets, shops, bars and nightclubs.”

Firstly, I should explain that the Crown Office and Procurator Fiscal Service’s case management database is a live, operating database.  It is designed to meet our business needs in relation to the processing of cases and the information within it is structured accordingly.  We do not have a separate statistical database, and hold only operational data needed for business purposes.  Where we do provide information the data provided refers to the number of charges and not the number of persons reported; one of more charge(s) may relate to the same accused person.

The legislation which would cover the detail of your request is the Licensing (Scotland) Act 2005.

Having interrogated our database I can advise that from 2010 to 2015 COPFS have received charges which relate to the Licensing (Scotland) Act 2005, Section 113(1) (responsible person selling alcohol to a person who is drunk).  The data I have provided therefore relates to this legislation only.