AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 6/19/2001 Subject: Drink Laws
Question Dear Mr Fyfe,
Could you please tell me what the legal minimum age is for the consumption of alcohol in the home?
Thank you.
Answer George
Actually, there is no age from which it is legal to drink alcohol – in private. All the legislation pertains to licensed premises or to purchasing, selling or possessing alcohol.
1 A child (in Scotland) is a person under the age of 16 years (except where a 16 or 17 year old is under a supervision order, when they are also a child).
2 The Children and Young Persons Act 1937 created an offence where an adult exposed a child to danger.
3 The Children (Scotland) Act 1995 'replaced' that Act.
Section 1(1) states that:
"Subject to section 3(1)(b) and (3) of this Act, a parent has in relation to his child the responsibility—
(a) to safeguard and promote the child's health, development and welfare."
Section 3(5) states that:
"a person who has parental responsibilities or parental rights in relation to a child shall not abdicate those responsibilities or rights to anyone else but may arrange for some or all of them to be fulfilled or exercised on his behalf...."
and Section 52 states that:
"(1) The question of whether compulsory measures of supervision are necessary in respect of a child arises if at least one of the conditions mentioned in subsection (2) below is satisfied with respect to him.
(2) The conditions referred to in subsection (1) above are that the child—
(a) is beyond the control of any relevant person;
(b) is falling into bad associations or is exposed to moral danger;
(c) is likely—
(i) to suffer unnecessarily; or
(ii) be impaired seriously in his health or development,
due to a lack of parental care;
(d) is a child in respect of whom any of the offences mentioned in
Schedule 1 to the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975
(offences against children to which special provisions apply) has been committed;
(e) is, or is likely to become, a member of the same household as a child in respect of whom any of the offences referred to in paragraph (d) above has been committed;
(f) is, or is likely to become, a member of the same household as a person who has committed any of the offences referred in paragraph (d) above;
(g) is, or is likely to become, a member of the same household as a person in respect of whom an offence under sections 2A to 2C of the [1976 c. 67.] Sexual Offences (Scotland) Act 1976 (incest and intercourse with a child by step-parent or person in position of trust) has been committed by a member of that household;
(h) has failed to attend school regularly without reasonable excuse;
(i) has committed an offence;
(j) has misused alcohol or any drug, whether or not a controlled drug within the meaning of the [1971 c. 38.] Misuse of Drugs Act 1971;
(k) has misused a volatile substance by deliberately inhaling its vapour, other than for medicinal purposes;
(l) is being provided with accommodation by a local authority under section 25, or is the subject of a parental responsibilities order obtained under section 86, of this Act and, in either case, his behaviour is such that special measures are necessary for his adequate supervision in his interest or the interest of others."
I'm sorry that it's so long-winded, but I can't explain it without giving you the text of the legislation to read for yourself.
So, it would only be illegal if you were thus failing to “safeguard and promote the child's health, development and welfare”, but, if it was considered to be “misuse of alcohol”, “compulsory measures of supervision” could be considered necessary (by a Children's Hearing to whom the child and adult could be referred by a social worker, Police Officer or similar).
All that said, in my opinion, it is wise to allow a child to taste alcohol – unless that child is very immature and lacking in common sense for their age – in order to demystify it, otherwise problems can arise (viz. the 13 yr old girl who died in Falkirk at the weekend after a drinking binge). However, someone else might view that differently and decide that the child was in danger.
