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Your Rights if Arrested | Non-Verbal Communication | Basic Communication Skills | Controlling Aggression | Robbery prevention | Scene Preservation | Health & Safety | Attending Court | Point of Entry | Use of Force | Searching | Evidence | Trespass | Assault | Drugs | Bombs

All drugs are potentially dangerous, but more so when they are a misused or abused for non-medical or  recreational purposes.
The effects of different types of drugs vary widely as well, depending on the strength of the dose, the amount taken, the abuser's state of mind and health, and whether they have been taken in conjunction with other substances, such as alcohol.  The quality of drugs bought on the streets will vary as well, with varying degrees of purity and strength.
Add to these the risks from the various methods of taking the drugs, and it is easy to understand why most countries around the world have had to bring in laws to regulate their manufacture, sale, distribution, and possession.

WHY DO WE NEED TO KEEP DRUGS OUT OF PUBS AND CLUBS ?

  • It is against the law to allow illegal drugs on licensed premises (Misuse of Drugs Act 1971, Public Entertainments Licenses Drug Misuse Act 1997
  • The licensee can lose his licence
  • If the premises are full of drug abusers, very few drinks are sold, reducing profitability
  • Increase in fights on the premises, between rival dealers and over drugs money owed
  • Drug abusers can become violent themselves, increasing risk of physical harm to door  supervisors
  • Reduced personal safety for door supervisors (risk of contagious drug related diseases)
  • The misuse of illegal street drugs causes about 700 deaths each year
  • Emergency first aid situations increase (assaults and overdoses)
  • The prevention/reduction of drug misuse in now very much a part of the security function
  • Door supervisors can face prosecution for allowing the misuse of drugs on licensed premises

Nightclubs and pubs have traditionally been seen as good places for drug dealers to sell their wares, and it follows that buyers go to certain licensed premises purely to buy drugs.  Door supervisors working at such premises have a moral and professional duty to prevent the illegal sale and use of controlled drugs, and to try to reduce the effects of such abuse, like overdoses and accidents.
In order to keep incidents like these to a minimum it is obviously necessary to prevent dealers entering the premises to supply the drugs, and to prevent users from bringing their own drugs in. Licensed premises that become known as places where people can go to buy and use illegal drugs soon earn themselves a bad reputation, get bad press and invite investigation by the local police. If a venue you work at loses its licence for allowing drugs on the premises, you lose your job.
Magistrates and crown court judges can also impose heavy penalties on licensees who knowingly permit or suffer drug related activities to take place on their premises.  But it is not only the licensee or manager who commits the offence.  Certain sections of the Misuse of Drugs Act apply also to anyone 'concerned in the management of the premises', which could mean the door staff as well.  For these reasons it is important that door supervisors take seriously their role in preventing the use and sale of drugs on those premises.
Incidents of violence are known to increase at pubs and clubs where illegal drugs are sold and used, as users fight amongst themselves, and dealers fight over territory and money.
Drugs affect people in different ways.  While some relax and enjoy themselves, others suffer severe mood changes and may become violent.  As a door supervisor you are likely to be on the receiving end of such aggression.
Customers may overdose on the premises, which means that door staff may have to neglect other security duties to administer first aid, with all of the obvious health risks to themselves.
For these and other reasons it is important that as far as is possible, drugs are kept out of the premises.  It is one of a door supervisor's prime duties in protecting premises to keep drug related incidents to a minimum, and to use pro-active measures to stop dealing and misuse from taking place.
In order to be able to do this it is necessary to have a basic working knowledge of the laws and your powers in relation to controlled drugs, so that you can decide on the best course of action in any given situation.
This section aims to give you a brief appraisal of the drug laws which commonly apply to security personnel, explaining how to deal with breaches of these laws, outlining the types and classes of controlled drugs commonly found on licensed premises, and signs which might indicate to door staff that their premises may have a drug problem.

CLASSIFICATION OF DRUGS
In 1971 the Misuse of Drugs Act was brought into force to regulate the use of 'controlled drugs', and defined numerous offences under the Act.  It defined three categories of drugs according to their toxic effect, prevalence of misuse, danger to society and their subsequent penalties for misuse. All of the major controlled drugs have been listed here, but the most common drugs of misuse found or used on or around licensed premises have been highlighted.

Class A Drugs

The hardest drugs are found under this category, namely the narcotics and the hallucinogenic drugs.  Narcotics were included in this class because of their dangerous addictive qualities, and the hallucinogenic drugs because of the violent reactions and activities of those who take them.  Drugs in this class include:-

Morphine                                    Opium
Heroin (diamorphine)             Pethidine
Cocaine                                     Mescaline
Crack                                 LSD
Dipipanone                                 Dextromoramide
Methadone                               Phencyclidine (P.C.P.)
Poppy Straw                                Psilocin (magic mushrooms if prepared)
Dimethyltryptamine (DMT)       Cannabis Oil
MDA, MDMA (Ecstasy)       Class B drugs prepared for injection (ie injectable amphetamines)

 

Class B Drugs

These are middle of the range in the seriousness of illegal drugs.  Drugs in this group include:-

Amphetamines (stimulants)                        
Barbiturates
Dexamphetamine                         
Methylamphetamine         
Methylphenidate
Codeine                                                       
Phenmetrazine

Class C Drugs

There are about 40 drugs listed under this category, 35 of which are 'benzodiazepines' or tranquillisers.  They were once considered to be the least harmful of the controlled drugs but can be very addictive, and the penalties for misuse are still lower than for Class A and B drugs.  Class C drugs include:-

Anabolic/androgenic steroids (except on prescription)

Benzodiazepines such as Temazepam, Valium, Mogadon, Lubrium, Diazepam and Temgesic

Cannabis Resin
Herbal Cannabis 
Pipradol
Phendimetrazine
Benzyphetamine
Buprenorphine (Temgesic)
Chlorphentermine
Dextropropoxyphene
Other less dangerous drugs usually given on prescription by a doctor.

OFFENCES

The 1971 Misuse of Drugs Act lists a whole range of different drugs offences that can be committed by various people in the chain. It is important for door supervisors to have a very basic knowledge of these, so that they understand what offences can be committed and by whom, and to know how to act in drug related incidents.

 

Unlawful Possession (Section 5)

It is an offence for a person unlawfully to have a controlled drug in his possession.

Sentences:-

Class A – up to 7 years imprisonment and/or a fine, or both (indictable)
Class B – up to 5 years imprisonment and/or a fine, or both (indicttable)
Class C – up to 2 years imprisonment and/or a fine, or both

Because of the sentences involved, the unlawful possession of Class A and B drugs are indicttable offences, but not for Class C.
This offence covers people who are found actually in possession of drugs, even in small amounts for their own personal use.
If, for example, you search a customer at the door as a condition of entry, and find a small magazine wrap of a brown powder in their wallet, then you would certainly have reasonable grounds to suspect that the powder was heroin. Heroin is a class A drug, and the unlawful possession of it is an arrestable offence, so you would have the power to seize the wrap, detain (arrest) the customer, and call the police. If the substance was, after proper examination by the police, found to be heroin, then the person found with it could be charged with being in ‘unlawful possession’ of a class A controlled drug. (You also have the option of seizing the suspected drugs, refusing entry to the customer, and securing the items as per local house/company policy.

Whenever the police arrest people for this offence themselves, the suspected drugs are sent off to a forensic laboratory for proper testing. Police officers are not authorised to say whether substances or tablets are controlled drugs or not, and obviously nor can door supervisors. As long as you have reasonable grounds to suspect, because of the appearance of the substance/tablets, or because of the way it is packaged or being carried/hidden etc, then you have the power to arrest. The police, once they have taken the person and the substance from you, will carry out the examination and investigation, and they will charge the person if there is sufficient evidence.

A door supervisor would not be guilty of the possession of drugs he had seized from a customer, or found on the premises, provided that he does so for one of the two following reasons:-

  1. that believing them to be controlled drugs he took possession of them to prevent another person (the customer) from committing or continuing to commit an offence, and that as soon as he could he took appropriate steps to either destroy the drugs or hand them over to someone entitled to take custody of them ( the police);

or

  1. that believing them to be controlled drugs he took possession of them to hand them over to someone entitled to take custody of them, and that as soon as possible after seizing/finding them took all reasonable steps to deliver them to that person.

These rules would certainly cover the situations where door supervisors either find or seize controlled drugs during the course of their duties. This is why it is so important that if a venue has a search policy in relation to drugs, then it must also have a safe and secure system so that door supervisors can put them somewhere awaiting either destruction or collection by the police. For your own protection you need to know what the policy is, and you must stick to it. Any such seizures of drugs also needed to be recorded properly.

Unlawful Supply (Section 4)

It is an offence for a person unlawfully:-

(a)           to supply a controlled drug to another;
(b)           to be concerned in the supplying of such drug to another;
(c)           to offer to supply a controlled drug to another;
(d)           to be concerned in the making to another an offer to supply such a drug.

Sentences:-

Class A – up to life imprisonment and/or fine, or both (indictable)
Class B – up to 14 years imprisonment and/or a fine, or both (indictable)
Class C – up to 5 years imprisonment and/or a fine, or both (indictable)

The unlawful supply of all 3 classes of drugs are indictable offences.
Supplying obviously refers to drug dealing, or selling. A person can also be found guilty of just giving someone drugs, or even just offering them some, it is not actually necessary for money to have exchanged hands.
Certainly anyone you catch dealing drugs on your premises should be arrested and handed over to the police, providing that it is safe for you to do so.
If you suspect that a customer is regularly selling drugs on the premises, but you cannot catch them actually committing an offence yourself, then the police should be informed. They may decide to start covert or plain-clothed observations themselves.

Possession With Intent to Supply (Section 5)

It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it unlawfully to another.

Sentences:-

Class A – up to 14 years imprisonment (indictable)
Class B – up to 14 years imprisonment (indictable)
Class C – up to 5 years imprisonment (indictable)

This offence would cover someone found in possession of a large amount of drugs, which are obviously intended for sale to others.
If you search a customer at the entrance and find them carrying just a couple of ecstasy tablets, then the chances are they are for their own personal use, so an arrest for ‘unlawful possession’ would be suitable. If, on the other hand, they were found with a bag of 100 tablets, then you would certainly have reasonable grounds to suspect that they have them with them for selling on to others. In this case an arrest for ‘possession with intent to supply’ might be more suitable, although ultimately the police will decide what the person is finally charged with. This is a useful offence for drug dealers caught on their way to sell drugs, but not actually caught selling them.

Controlled Drugs on Premises (Section 8)

A person commits an offence if, being the occupier or concerned in the management of an premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say:-

(a)           unlawfully producing or attempting to produce a controlled drug;
(b)           unlawfully supplying or attempting to supply a controlled drug to another or offering to supply a    controlled drug unlawfully to another;
(c)           preparing opium for smoking;
(d)           smoking cannabis, cannabis resin, or prepared opium.

Sentences:-

Class A – up to 14 years imprisonment (indictable)
Class B – up to 14 years imprisonment (indictable)
Class C – up to 5 years imprisonment (indictable)

This offence can be committed by the owners/managers of licensed premises, or by anyone else concerned in the management of those premises, which could include the door staff.
It is worth mentioning here that the word ‘knowingly’ can include wilful blindness, or closing one’s eyes to the obvious, not caring what happens. The word ‘permits’, however, implies actual knowledge that the offences are taking place, but doing nothing about it. The term ‘suffers’ means a failure to do anything about the situation, despite knowing that offences are being committed. It is important, therefore, that if your premises has a drug problem, you do not just sit back and allow it to happen. You should liase with the police at the earliest opportunity, to try to resolve the problem in partnership with them.

THE PUBLIC ENTERTAINMENTS LICENCES (DRUG MISUSE) ACT, 1997
Legislation came into force on the 1st of April 1998 that was designed specifically to deal with the problems of drugs misuse on places of entertainment, namely night clubs.
It allows the appropriate authorities to close down night clubs that are considered to have serious problems in relation to the supply or use of controlled drugs, and allows local authorities to revoke an entertainment licence (PEL) if they receive appropriate information from the police. As an alternative to revocation, it also allows local authorities to impose new conditions to a license, in an effort to combat the problems.
If it was proved, for example, that a specific venue had organised drug dealing taking place on the premises, or there was evidence of significant numbers of customers suffering from the adverse effects of drugs, then this would obviously come under the category of a serious drugs problem, and the licence could be revoked. A number of drug seizures, however, as the result of effective searches at the point of entry, would not be used against the venue.
This legislation, again, stresses the importance for door supervisors to take an active role in the fight against drugs on licensed premises.

DEALING WITH DRUGS OFFENCES
As shown above, there are severe penalties for the possession and supplying of drugs.  Because of the possible sentences involved, many of the offences are 'indictable offences'  and as such, door supervisors have powers to arrest where there are reasonable grounds to suspect that an offence under the Misuse of Drugs Act is taking or has taken place.
If, for example, whilst searching a customer at the door under the conditions of entry, you find him to be in possession of what you suspect to be a controlled drug from either Class A or Class B, then you have the power to arrest that person and detain him for the police.  You would be arresting him for the unlawful possession of a controlled drug, as defined by Section 5 of the Misuse of Drugs Act.
If during a routine patrol of the toilets inside the club or pub, you see one person passing what appear to be drugs to another person, then you have the power to arrest both of them, the first person for unlawfully supplying the drugs to another, and the second who took the drugs for unlawful possession.
In all drug related arrests door supervisors must take special care to keep observations on each person arrested in case they try to dispose of evidence (i.e. drugs) prior to the arrival of the police.  Where possible the drugs should be seized at the time by the door supervisor pending police arrival, and then handed over to the officers when the facts of the arrest are related to them.
Evidentially it is usually better to have a witness when making arrests, so where possible door supervisors should try to work in pairs, although it is appreciated that this is not always possible.
Whether or not to arrest someone for a drugs offence is a matter for each door supervisor to decide at the time.  Many factors will help you decide, especially any particular house policy laid down by the management, or specific instructions from the local police.  Some premises, for example, only formally arrest drug dealers they catch, handling simple users by seizing their small amounts of drugs and then refusing them entry to the premises.  The drugs are then handed over to the management or kept in specially designed locked safe-boxes near to the reception area until the end of the evening, when the police collect them and take them away for destruction.
It must be stressed at this point, however, that whenever door supervisors do seize drugs from people, that they must be immediately handed over to either the manager or the person in charge of the door staff.  Door supervisors will rarely have any excuse for being found in possession of controlled drugs themselves.  The age-old excuse of 'I took them from a customer and forgot to hand them in' is very unlikely to be accepted by the police or the courts these days.
Any arrests/seizures/ejections concerning controlled drugs should be either noted at the time in the door supervisor's notebook, or in the occurrence log held at the point of entry.

Types of Drugs << Click the link for descriptions of drugs that are used, bought and sold in and around licensed premises.

 

DRUGS LITTER

Whilst patrolling licensed premises when open, and at the end of each session, door supervisors should actively check for any of the obvious signs that drug taking and dealing are occurring;

  • Syringes and needles (from injecting)
  • Scorched tinfoil (from smoking heroin or crack)
  • Razor blades, penknives, credit cards (from cutting drugs)
  • Straws or rolled up bank notes/paper (from snorting cocaine)
  • Small pipes (from smoking various drugs)
  • Burnt spoons/cotton wool filters (from preparing drugs for injecting)
  • Discarded citric acid or lemon juice (from heroin taking)
  • Discarded magazine paper 'wraps' (packaging)
  • Discarded small pieces of clingfilm (packaging)
  • Discarded small self-seal bags (packaging)
  • Cigarette ends with rolled cardboard filters (cannabis)
  • Torn cardboard or 'Rizla' packets (cannabis)

DEALERS
Drug dealers come in all shapes, sizes, colours and ages, and make it their business not to stand out or bring attention to themselves.  For this reason door supervisors have to be particularly vigilant to prevent regular dealers from starting up business on their licensed premises.
Dealers tend to position themselves in the same place whenever they visit a venue to deal, so that the customers get to know where to find them.  These places tend to be the darker, more secluded areas of the pub or club, usually as far away from the door staff and bar staff as possible.  They will often spend much of their time looking out for other people who might be watching them.  Good dealers also sometimes use 'runners' and ‘minders’ to help them carry and supply the drugs, so regular short visits to a suspected dealer by another person would warrant further observations, particularly watching for any obvious passing of cash or the drugs themselves.

POLICE
The local police or drugs squad officers can be called upon to assist licensed premises if the management or the door staff feel they are starting to get a problem which could ultimately cost them their licence.  The local police licensing officer will have more sympathy and respect for any licensee or manager who goes to the police for help than for one who leaves it until the police themselves discover the problem, and have to carry out a drugs raid to put a stop to it.
Close and regular co-operation between licensed premises and the police can help in the fight against drug misuse and dealing, and door supervisors have the front-line job of assisting the licensee in supervising the premises effectively.

GENERAL INFORMATION
On the subject of the misuse of illegal drugs at raves and other dance events, the ‘Home Office’s Advisory Council on the Misuse of Drugs’ published a set of guidelines on the criteria for the granting of licences by local authorities. Specific recommendations included :-

  • The availability of free cold water
  • The provision of rest facilities in a cool environment
  • The monitoring of temperatures and air quality
  • The provision of information and advice on drugs
  • Compliance with a regulatory scheme for the selection, training and management of doorstaff

Further guidance was also given to licensed premises to assist them to reduce the use and sale of illegal drugs on those premises. It recommended that licensees, managers and/or organisers should :-

  • ensure that the outer clothing, pockets and bags of those entering are searched by a trained venue staff member of the same sex in cases where there is reasonable suspicion that drugs are being carried;
  • put up a clearly visible notice advising those attending that it is a condition of entry that customers agree to being searched and that the police will be informed if anyone is found in possession of controlled substances or weapons;
  • ensure security arrangements are sufficient to discourage the sale and consumption of drugs (eg have venue staff located in the toilet area or make regular checks there)
  • exclude customers known to have been previously convicted of committing criminal offences relating to drugs;
  • liaise with the police to consider what steps might be taken to assist with surveillance, these might include installing video surveillance equipment to monitor activity;
  • seek advice of the police on procedures for keeping records of incidents and making such records available for inspection (eg nature of incident to be recorded, all incidents of specific types such as those involving disorder, violence, drug use, drug dealing, other crime, ill health etc, and the specific information required);
  • policies to be developed by owners/managers/organisers and the police on action to be taken concerning storage and disposal/transfer of confiscated drugs, and procedures towards individuals who commit criminal offences;
  • liaise with local drug agencies to develop a drugs prevention strategy for the venue;
  • display posters and/or distribute leaflets and other information about the effects and dangers of and the laws in relation to drugs;
  • deal with customers who become ill and take appropriate action, liaising between customers and staff over problems, conflicts or drug dealing on the premises;
  • provide adequate first aid facilities, having at least two trained first aiders on the premises at all times during the event.

SCOTLAND-
Drugs offences are covered by the same statute laws in Scotland as they are in England and Wales, not as crimes under common law, and so door stewards do not have any specific statutory powers of arrest for these matters. Because of the seriousness of these types of offences, however, stewards may revert back to their common law powers of arrest to deal with these types of situations, and so can deal with drugs incidents/finds in the same way as door supervisors in England and Wales do.

 

Published by Geddes & Grossett. Copyright Laws Apply


 
 
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