A NORTH Ayrshire pub could face potential criminal action after alcohol reportedly sold as a leading vodka brand was found not to be genuine, newly released documents have revealed.
A Freedom of Information response from North Ayrshire Council shows three samples of purported Smirnoff vodka taken from licensed premises this year were found not to be authentic.
The samples were linked to two separate businesses, with one already publicly identified as an Irvine restaurant and bar.
However, the council is refusing to name the second premises because a live investigation remains ongoing and could yet result in a report being submitted to the Procurator Fiscal for consideration of criminal proceedings.
Trading Standards officers carried out just three alcohol samples from licensed premises in the district between January 2020 and August 2026.
All three were taken this year, and all were determined to be non-genuine branded products.
The FOI response states the samples were found to involve "substituted" vodka and that the brand concerned in each case was Smirnoff Vodka.
According to the council, two samples were taken from the Gulab in Irvine, while the third was obtained from a public house whose identity has been withheld.
The local authority confirmed that two licensed premises in North Ayrshire were found to have been offering for sale alcohol which was not the genuine branded product represented to consumers.
Two licence reviews were subsequently requested.
In explaining why the second premises has not been named, the council said the information is being withheld due to an ongoing Trading Standards investigation.
Officials said the inquiry remains live and that decisions regarding any further enforcement action have not yet been made.
The authority added there would be a public interest in transparency about Trading Standards activity and consumer protection, but argued this was outweighed by the need to protect the integrity of an active investigation.
A North Ayrshire Council spokesperson said: “Trading Standards have been working with external partners in relation to this recent alcohol testing which has been carried out under Trading Standards legislation.
“Environmental Health also undertake sampling of alcohols in accordance with their Food Standards remit and these are sent to Glasgow Scientific Services for analysis.
“Environmental Health will undertake public house alcohol sampling when complaints are made regarding alleged adulteration or substitution of alcohol.
“In addition, Environmental Health, with Trading Standards, will respond to food alerts issued by Food Standards Scotland in relation to counterfeit or unsafe alcohol products, some of which may be imported.”
The council's food and drinks sampling policy states that testing plays an important role in protecting public health, detecting and deterring fraud, maintaining standards and ensuring consumers have accurate information about the products they buy.
It adds that complaints, intelligence-led work and national enforcement initiatives help inform sampling activity.
The FOI response also revealed there were two joint operations involving Trading Standards and other agencies, including organisations such as Police Scotland, HMRC, the Home Office and licensing standards officers, that included testing or inspection of alcohol products in licensed premises.
No prosecutions or fixed penalties were disclosed in the response.
However, the council confirmed enforcement action included two licence review applications linked to the findings.
It was reported earlier this month that Davinder Summel, boss of the Gulab Tandoori Brasserie on Stanecastle Road in Irvine, had his personal licence revoked by North Ayrshire Council's Licensing Board.
The venue was previously issued a warning letter for serving non-genuine Smirnoff Vodka.
