Legal highs and licensed venues

Paddy Whur looks at the issues related to the use of drugs – including legal highs – in licensed premises.

Operators have to be ever vigilant in stopping drugs from getting into their venues and in the worst case, customers becoming ill in their venues when they have either taken them before entering or whilst in the venue. It doesn’t matter how good the search policies are, if people want to secrete drugs in intimate places, it is almost impossible to prevent the drugs entering the premises.

We have had significant issues with drugs and premises in recent times and there is a conundrum that if operators are doing all they can to stop customers from entering with drugs; should they be punished for the acts of individuals who want to risk their own health by taking drugs?

There are huge societal issues which come into the equation. We are doing some significant work with Professor Fiona Measham and The Loop. We recently attended a drugs forum in London and it is clear that the problems operators have to deal with are growing due to the ever changing landscape of drug use by potential customers.

This challenge is made significantly harder as it is not clear what are legal highs and what are illegal prohibited drugs? Five ‘legal highs’ are set to be banned by the Government from Friday 10 April 2015 for a period of 12 months, while assessments are made as to whether they should be appropriately controlled. This is a prime example of how operators must be vigilant to understand this ever changing landscape.

The ban affects five compounds related to methylphenidate, which is a Class B drug. One of the drugs being banned is ethylphenidate, which is also known as ‘gogaine’ and ‘burst’. This has become a readily available alternative to cocaine. Four related drugs with similar potential harms will also be banned:

• 3,4-Dichloromethylphenidate (‘3,4-DCMP’);
• Methylnaphthidate (HDMP-28);
• Isopropylphenidat (IPP or IPPD);
• Propylphenidate.

Implementation of a drugs policy is a prudent step if you believe you are at a high risk of potential dealers or customers taking drugs in your venue. We have advised operators recently that there is a need to constantly test their systems and procedures. Don’t rest on your laurels. It is something which needs constant attention and if there are weak areas, such as external smoking areas, then these need to be water tight.

Medical care is also something which should be offered. We recently acted in a review hearing where it was accepted by the regulatory bodies that the medical care in the venue was at the cutting edge. It was particularly disappointing to hear the question from the unenlightened counsellor who said “isn’t that a sure sign that you have a drugs problem in your venue”.

It appears that education and awareness is something which needs to be constantly on the agenda of those who are involved in any capacity with licensed premises. We will continue to report on how these changes to drugs policy and the legality of different substances may have a knock on impact in the running of licensed premises.

Paddy Whur is a partner at Woods Whur. He can be contacted on 0113 234 3055 or This email address is being protected from spambots. You need JavaScript enabled to view it..