Drugs in pubs look likely to come under close scrutiny
by David Clifton, part of thePublican.com's legal team from London solicitors Joelson Wilson
You have probably heard the shocking rumour about clubbers in Yorkshire, who have taken to using dental syringes to inject ecstasy directly into their mouths. I understand that this dangerous practice is known as "E-by-gum".
Only joking of course, even if I have offended the entire readership originating from that wonderful county!
However, I think we can expect to see greater attention now being focused on drugs and pubs after the publicity given in recent weeks to the exploits of Prince Harry and his merry band of friends. In terms of existing legislation, the major thrust has been in respect of premises licensed for public entertainment with fairly Draconian measures available where drug use at or near such premises exists.
In 1998, the Home Office Action Against Drugs Unit published guidance which encouraged consultation and liaison between club operators and the police, local authority departments, local drug agencies and drug action teams.
Recommendations were made as to security measures to reduce the supply of drugs, including searching policies, procedures for recording incidents and drug crimes, arrangements for disposal of seized drugs and contacting the police in the event of drug-related incidents.
Since then, in various parts of the country, licensees working in conjunction with the police and local authorities have introduced "Drug Safe" schemes with secure drugs deposit boxes located near the entrances to licensed premises.
The guidance also dealt with health and safety issues designed to ensure that no overcrowding occurs and that appropriate and fully functional air conditioning systems are in operation with measures designed to combat overheating, including access to cold drinking water at all times.
Additionally, the guidance warned about damage to hearing that may result from excessively loud sound systems. This is a topical issue at the moment in light of the European proposal that noise limits in pubs should be reduced to 83 decibels (See Trade hits out at 'straight banana' proposal that could end pub music (17 January 2002)for full article).
The guidance also recommended that adequate first-aid provision should be available, with staff trained to be aware of, and to deal with, drug-related problems that may occur, including dehydration, heat stroke, anxiety and paranoia.
With so-called "date rape drugs" also hitting the headlines in the run up to Christmas, it may be advisable for pub licensees to consider whether they should adopt the recommendations made specifically in respect of late-night entertainment premises.
Licensees might also want to consider if their staff need further training to assist in detecting unlawful drug use by customers.
Children in pubs: a summary
Prince Harry's alleged activities at the Rattlebone Inn in Sherston have resulted in yet more media attention on the issue of underage drinking.
Perhaps it is a good moment then to summarise the relevant law:
- unless a children's certificate is held in respect of the premises, no licensee should allow a child of under 14 to be in the bar during permitted hours
- the only exceptions are if the child under 14 is the licensee's child, resides in (but is not employed at) the premises, or is in the bar solely to pass to or from some other part of the premises to or from which there is no other convenient means of access
- it is now an offence for any person to sell alcohol to a person under 18 in licensed premises or to allow any other person to sell to an under 18-year-old
- a person is also guilty of an offence if he knowingly allows a person under 18 to consume alcohol in a bar
- the exception is that 16 and 17-year-olds may purchase beer, porter or cider for consumption with a meal in a part of licensed premises usually set apart for the service of meals
- it is an offence for anyone to buy or attempt to buy alcohol on behalf of an under 18-year-old unless the above exception applies.
Certain defences are available in the event that a licensee or anyone else working at the premises is charged with an offence, but the law in this respect is quite complex and anyone finding themselves in this position should seek the urgent advice of a specialist licensing solicitor.
The safest course is to ensure that any risk of breaking the law is minimised by adopting an appropriate identification card scheme and, for example, displaying notices making it clear that underage sales are not permitted.
In any case of doubt, the prudent course is to require proof-of-age or to refuse service. Turn a blind eye at your own risk!