The proposed relaxation in the law concerning cannabis has led to confusion among customers and anger among licensees. Jackie Annett reports.
With the government sending out mixed messages on drugs, it's not surprising that licensees are a tad confused.
In one breath, Home Secretary David Blunkett claims the government will be cracking down hard on drug-users and dealers, while in the next he announces he will be reclassifying cannabis from a class B to a class C drug and downgrading punishment for users.
This proposed relaxation of the law means that, while there will be less penalties for those who are found in possession of the drug, it is still illegal.
The Home Secretary said that it was important to relax the law so that the government could concentrate on stamping out harder drugs and catching the dealers.
But this relaxation has only served to infuriate publicans up and down the land who are desperately trying to keep drugs - all drugs - off their premises. As soon as the news that the laws on cannabis use were going to be relaxed hit the mainstream press, licensees noticed the difference.
Straight away customers, many of whom thought the law had already been changed or that cannabis was legal, were trying to openly smoke joints in pubs.
And the truth is that it is licensees who are likely to suffer if customers do use cannabis in pubs - they can be fined thousands of pounds and end up in jail if they turn a blind eye to drugs, while the cannabis user is likely to escape with a warning.
John Franklin-Webb, who has worked with police and licensees to improve security within the industry, told thePublican.com that he had witnessed huge problems already.
"Since it was announced that there would be a softly-softly approach in Lambeth [the test area for the relaxation], we've had problems where people have been caught with cannabis and refused entry to a club," Mr Franklin-Webb said.
"These people then argue that it's not exactly illegal and that they should be allowed to come in," he added.
"It puts a huge responsibility on licensees and barstaff because cannabis is still illegal. Certainly there is confusion."
And with speculation that the class A drug ecstasy could also be downgraded, it looks like this uncertainty could spiral out of control.
The British Institute of Innkeeping (BII) suggests that publicans take the Licensee's National Drugs Certificate or contact their local police licensing officer if they are worried about drug use on their premises.
Cathie Smith, director of qualifications at the BII, said: "I can see why some people may think that the government has given out mixed messages, but the position remains the same. The law hasn't changed. We still advise licensees to adopt a zero tolerance policy.
"Until such time as legislation does change, the law remains the same. But there are all sorts of things that licensees can do."
Some practical tips that licensees can employ include:
- carry out a risk assessment
- talk to staff and train them to spot users and dealers and explain the law to them
- reduce blind spots in the pub - dealers and users tend to look for areas that cannot be seen by staff behind the bar to ply their trade
- illuminate dark areas such as outdoor patios and corners
- make staff walk round the pub so that customers can see there is a regular presence
- get staff to check both female and male toilets.
Although the government states that licensees should adopt a zero tolerance policy, it also says that licensees should act responsibly to protect their customers as inevitably some people will always take drugs. Licensees of late-night venues that provide music will experience this problem more than most.
Because of this, the government has issued fresh guidance for late-licensed premises designed to cut the number of drug-related casualties. It is called the Safer Clubbing Guide and follows a previous code of practice called Dance 'Til Dawn Safely.
It sets out to ensure that licensees adopt best health and safety practice.
Much of the guidance will come as no surprise to responsible operators who have already implemented an effective drugs policy at their venues, containing as it does recommendations that premises:
- prevent overcrowding
- comply with health and safety regulations
- provide effective ventilation and air conditioning to prevent overheating
- provide sufficient supplies of drinking water
- use properly approved doorstaff to carry out drugs searches
- regularly patrol all areas of the venue
- provide first aid training for staff.
Despite the government's insistence that it is not about to legalise all drugs, many people think that the recent move to relax the cannabis laws is the first step towards legalisation.
In fact, campaigners are so confident that downgrading cannabis is simply the thin edge of the wedge that they are already setting up cannabis cafés, like those already seen in Holland where the drug has been decriminalised.
It is thought there are now four such outlets in the UK although the police keep raiding them.
Whatever happens, licensees need to make sure that they stick to their guns and in no circumstances turn a blind eye to drug use.
They are also advised to display posters informing customers that drug use will not be tolerated and to keep an eye out for any suspicious activity. It's also important to train door and barstaff so that they know the exact legal position and can take action as and when is necessary.
Trade leaders have called on the government to issue a statement or guidelines of some sort to clarify the law on cannabis and other drug use.
Until then licensees have been advised to be extra vigilant and continue to operate a zero tolerance policy.