PEOPLE under the age of 21 could be prevented from buying alcohol from many off-sales, corner shops and supermarkets under new powers to be introduced across Scotland later this year.

Local authorities have been given the green light to ban individual outlets from selling alcohol to people aged between 18 and 21 where the stores have previously fallen foul of the law by selling to under 18s, or where there is a problem with teenage drinking.

The move comes as the majority SNP Government signals its intent to tackle Scotland’s unhealthy relationship with alcohol. Power to restrict sales only to those drinkers aged 21 and over would be a powerful tool in the arsenal of the local licensing boards who police the retailers.

Draft guidance on the incoming Alcohol Etc (Scotland) Act 2010 states that while licensing boards cannot impose blanket bans on sales to under 21s, they can do so on a case-by- case basis.

Licensing board officials have told The Herald this provides a platform to increase the age at which young people can buy alcohol from a range of retailers, a power that they do not currently have.

One local authority source said: “The licensing board would always have been advised that under the current provisions they do not have power to increase the purchase age in premises, given that 18 was set out in the legislation. However this new provision will allow them to do exactly that. All they cannot do is have a policy to that effect.”

Another added: “Until the board had sight of the draft guidance it would never have gone near an over-21 restriction. This appears to be the green light.”

The Scottish Government had claimed local authorities have had the power to vary the conditions of a licence, including restricting sales by age, since 2009.

However, licensing officials claim this has only now been made clear and point out no age restrictions have been applied anywhere in Scotland.

News of the development comes as the SNP Government announces it is to revisit plans to ban the sale of alcohol at supermarket self-service tills amid concerns young people use them as a means to obtain drink.

Since the SNP’s election win on May 5, there has also been speculation it will use its parliamentary muscle to push through a minimum pricing bill after the measure failed in the last parliament. Other key areas it could examine include a social responsibility levy for the licensed trade. A ban on promotions and promotional material is already due to come into force in October.

The SNP attempted during its last term in office to introduce a blanket over-21s policy for off-sales but this was defeated in Parliament.

Meanwhile, licensing boards will now be expected to ban under-21s from off-sales if the premises has failed a test purchase and its licence is being reviewed or where there is evidence of under-age sales and concerns about under-age drinking.

If the condition is imposed when a licence is first being granted and the premises has to accept it to begin trading then there is no legal avenue to appeal. Scotland would have some of the toughest controls on alcohol sales in the world if the boards impose a restriction on under-21s.

America’s minimum drinking age is 21; Cameroon has the same age threshold for off-sales. Kazakhstan, Tajikistan and Sri Lanka also ban consumption and purchase to the group while in Sweden, Finland and Norway strong alcohol is restricted to over-20s.

West Lothian has piloted an over-21 policy, but there are concerns in some communities that it would shift anti-social behaviour into neighbouring areas. A ban would also mean someone could hold a liquor licence while not being old enough to sell booze.

A Government spokesman said boards, under the 2005 Licensing Act, could amend conditions and increase the age limit and that it was up to local authorities how they wanted to use that power.

Licensing law specialist Jack Cummins said: “There has to be a huge question mark over the ability of licensing boards to impose a new minimum purchase age for off-sales alcohol.

“If that power already exists, it begs the question why it has never been used and why some police forces and boards fell back on patchwork voluntary schemes.

“The defeated measures in the Alcohol Bill set out Byzantine provisions intended to equip boards with ‘locally flexible solutions’ to the purchase age. Now we’re being told there has always been a direct route to goal.”