Essex Police Code of Practice

This code of practice recognizes the complexities of working within the law in respect of handling controlled substances and it is intended to provide clarity and guidance in respect of some of the issues. It has arisen out of the scoping of best practice nationally and as a result of Government research and recommendations. The guidance provided in this document is only guidance, and as such does not relieve any obligations in respect of those charged with the responsibility of operating licensed premises. It is intended to compliment any existing arrangements you might have with your local police licensing unit and they should always be consulted in these matters in determining how this code of practice might assist and compliment existing arrangements. Essex Police are committed to reducing the availability of drugs within our police district and whilst we often take a lenient view of the possession of drugs for personal use, we expect those responsible for bringing drugs into your premises for sale or supply to be arrested. Alternatively, the law permits the disposal of very small amounts of suspected drugs, but in the case of tablets and capsules there might be benefits of adding to existing intelligence by not doing so. Matters such as how much and what, in respect of arrest or destruction, must be discussed with your police licensing officer who will advise according to local need. The final decisions in respect of what action is taken will be yours, and that decision will need to be lawful and justified, but there is plenty of scope for effective partnership arrangements relating to the finding/seizure of drugs

1 Introduction

1.1 Essex Police recognise that the circumstances of drug possession and use that you will come across might vary enormously. Some people will be carrying drugs for their own recreational use while others are looking to profit from the sale of drugs regardless of the consequences. Foreign tourists might not realise the implications of our drug laws. This code of practice is set out to help you take the correct course of action on the occasions when you become aware of the presence of a suspected drug in or around your premises. This will usually be either through finding or as a result of a body search. This code of practice has become necessary due to the variety of policies that are being adopted within Essex Police district and is viewed as a major contribution to ensuring the safety of all your staff. Our combined priorities must be to prevent all forms of drug taking within your premises and to tackle the availability of drugs through choking the supply, whilst at all times acting within the law. The nature of your trade also contributes greatly to the intelligence gathering around some of these issues and therefore your assistance in this matter is seen as a tremendous contribution toward dealing with crime and disorder.

1.2 Your licensing officer is there to assist you and can provide further guidance on the interpretation of this code of practice as it relates to your business and other related issues such as proof of age cards and the seizure of offensive weapons etc.

1.3 This code of practice has been signed up to by Essex Police Chief officers in consultation with the Crown Prosecution Service and should be regarded as the minimum standard expected by our licence holders.

2 Background

Misuse of Drugs Act 1971:

2.1 Creates a number of offences around specific drugs that are classified in respect of their strength and harmful effects on health.

Class ‘A’ - ‘Hard Drugs’ like Heroin, Cocaine, Crack and Ecstasy (Possession 7yrs Imprisonment, with intent to supply - Life imp.)

Class ‘B’ - ‘Soft Drugs’ like Cannabis resin and Amphetamine (Speed) (Possession - 5yrs imp., with intent to supply - 14yrs imp.)

Class ‘C’ - Other less dangerous drugs like Flunitrazepam (Rohypnol) GHB and some of the steroids (Possession - 2yrs imp., with intent to supply - 5yrs)

2.2 You should be aware of some of the common offences in connection with drugs; being in possession (the user), unlawful supply (dealer), being concerned with the unlawful supply (i.e. the lookout, bodyguard, go-between, or holder of money) and allowing premises to be used (i.e. Crack houses and public houses where nothing is done to discourage obvious use).

2.3 You should also be aware that the law changes from time to time and that it is the responsibility of the individual to ensure that they keep up to date. Whilst Essex Police will endeavor to update this code of practice they do not accept any responsibility for any action taken that may be contrary to current legislation. The advice contained within this code of practice is based upon considerable police experience. However, any interpretation of the law is ultimately that of the law.

3.1 This piece of legislation gave the local authority - on the advice of the police - the power to close premises where a serious drug problem is perceived along with other matters relating to licensing. Through mutual co-operation it has not been deemed necessary to invoke this power in Essex. This is a credit to the relationship that exists between the authorities and the trade.

“The licensee shall enter into a written and binding agreement with the Licensing Authority regarding door supervision policy, searching of patrons and procedures associated with the seizure of unlawful items. The focus of such an agreement will be The Public Entertainment Licences (Drugs Misuse) Act 1997”

3.3 If this is the case then there should be a written agreement about how you intend to operate your business and this should be made available if requested. All of the following matters are considered in this arrangement and you will be requested to demonstrate how you are supporting this agreement during any visits.

4 Application of Legislation

Powers - Arrest

4.1 Whilst the police have a wide range of powers, a member of the public has the power to arrest anyone who is, or where they believe there are reasonable grounds to suspect, that the other is committing an ‘arrestable offence’. An ‘arrestable offence’ is one where:-

¨ Where the offender could get five years imprisonment or more on first conviction (all of the above except possession of a Class ‘C’ drug.)

4.2 An arrest will be deemed to have been made when a suspected offender is deprived of their liberty or freedom. The fact that a person has been ‘detained’ ‘for the purpose of…’ makes no difference. It doesn’t matter what you chose to call it still amounts to the same thing. Therefore if a suspected offender is taken to an office and prevented from leaving then they have been arrested. Even words that are considered by the person to compel them into doing something and as a result they submit to that compulsion, may amount to an arrest.

4.3 With the exception of the possession of class ‘C’ drugs, the power to arrest exists for each of the other offences listed above provided you have ‘reasonable grounds’ to suspect an offence is being committed. Once again, ‘reasonable suspicion’ should be given its normal understanding and not manufactured to fit the circumstances. This ‘reasonable suspicion’ cannot be based on stereotyping of individuals through race, colour or appearance.

4.4 As a rough guide, a piece of Cannabis resin the size of a small fingernail would be considered by Essex Police to be a ‘personal’ use amount. Likewise a ‘wrap’ with a tiny amount of powder or a couple of tablets might also be considered to be personal use. We accept that you will often be very busy and may have insufficient staff to take any positive action, but we will discuss any findings when we call to collect them from you.

5.1 Most drugs encountered are likely to be either Class ‘A’ or ‘B’. The powers of arrest have already been stated in respect of these offences. Having made your risk assessment in respect of the likelihood of any personal injury, take the person away from any others that might have been arrested and into a convenient area, making it quite clear that they have been detained and will be held until the police arrive. You can only use as much force as is reasonable and necessary. Your safety and the safety of others is paramount. The police should then be called immediately, through using the 999 system. The operator may not be familiar with the specific area from where you are calling and therefore they should be provided with as much information as you are able to offer but keep it simple. Ask the operator for the incident number and an estimated time for their attendance. If the police are unable to attend due to other priorities you will be told of this fact or contacted back by the operator. This incident number may therefore become even more relevant at a later date and should be noted in the drug occurrence book.

5.2 A designated member of staff should be allocated to be present throughout until the arrival of the police. This will prevent numerous statements being required at a later date, although the police will expect you to provide as many statements as is necessary. We will endeavor to keep disruption of your business to a minimum.

5.3 If it becomes clear that an offence has not been committed then the person must be released immediately and the police informed accordingly.

5.4 If it is not practical to arrest or detain the person then they should be ejected from the premises and a record made of the incident for your protection. Then inform the police.

6.1 Only the police have powers to search people without their consent. The only way in which you may search a person is by consent as a condition of entry or by consent as a condition to remain on the premises. In exceptional circumstances you have the power to search under common law in order to protect yourself or others from harm. There is no automatic power to search someone whom you have detained or arrested.

6.2 In keeping with the lawful powers to search by police, you should ensure that you only engage in same sex searches and restrict the search to outer garments, hats, gloves, bags and asking them to turn out their pockets followed by a ‘gentle pat down’. There are no clear guidelines that can be provided in respect of searching gay, lesbian or transgender people, but common sense must prevail, with respect being shown for the individual and being sensitive to any requests. Making searches within view of CCTV cameras can ensure further protection from any allegations.

6.3 The frequency of searches is recommended as being a minimum 2 patrons in every 10 entering the premises.

6.4 It should be made clear that possession of drugs on your premises is not acceptable by having the appropriate signs displayed. You should tell potential customers that they will be asked to agree to a search as a condition of entry and they should be allowed to walk away if they choose to do so. They should be told that if anything unlawful is found on them during the search then they might be arrested and the police called to attend. Those who refuse a search must not be admitted. Ideally Essex Police wish to be called where drugs are found, particularly in respect of a Class ‘A’ drug although we accept this may not always be practicable. Special efforts should be made to arrest for possession with intent to supply, which is any amount more than for personal use. The Police will determine their intent. As a minimum standard we would expect a suspected offender to be walked in front of CCTV cameras and a record of the incident made as referred to in the previous section relating to searching.

7.1 Essex Police Policy will guide the use of Police drugs dogs. Sometimes you may engage with private companies and conduct your own drugs searches using drugs dogs, particularly before the premises opens and also in respect of queuing patrons. You are advised to prominently display signs warning of these operations with your intended action in the event of a ‘find’. Your police licensing officer can assist with these signs if required.

8.1 If you witness or suspect any drug offences by customers who have already been admitted to your premises then you should take them to the main entrance and remind them of your drug policy. Once at the main entrance, they should be given the opportunity to leave or be subject to a search should they wish to remain. Failure to consent should result in ejection as a condition to remain on the premises. Refusal to even go to the main entrance should be enough to confirm your suspicions and result in immediate ejection.

9.1 Detecting drug dealers is a major priority for Essex Police and as a responsible licence holder you are expected to co-operate with this objective. Anyone suspected of dealing in drugs should be arrested but your own safety is a priority. At the very least we request you obtain as much intelligence as is possible.

10.1 Drugs found during a search where the person is not detained or found during the search of your premises, either inside or just outside in the queuing area should be recorded and made secure.

10.2 The Misuse of Drugs Act 1971 provides you with a defence to the possession of drugs for the purpose of preventing another from committing an offence, and as soon as possible take all reasonable steps to deliver them into the custody of the police or other person with lawful authority.

10.3 We accept that it is not practicable to call the police on every occasion and neither is it desirable, but the law says as ‘soon as possible’. It will therefore be expected that it will be the responsibility of the premises supervisor to ensure that the drugs are delivered into the custody of the police at least before the commencement of business the following day and therefore within 24hrs. However this will not be necessary if existing licence holders - at the time this code is published - accept the offer of an Essex Police safe deposit box. Accepting that this may possibly interfere with business it is hoped that this proposal will be met favourably. Future applicants will be requested to purchase a drug deposit box and donate it to Essex Police as part of the conditions of the licence.

10.4 Essex Police will ensure that you are provided with a safety deposit box. This box will be the property of Essex Police and your local licensing officer will retain the key. Once the drugs have been placed in the box they will be considered to be the property of Essex Police who will empty the box as arranged between you and your local licensing officer.

10.5 Before placing the drugs in the safety deposit box you will be expected to complete a drug record book, which you will provide and maintain. You should keep a copy of this code of practice together with the book. Each member of staff should read this code of practice and sign it to say that they understand it and will comply with the advice that it contains. Any further advice will be provided by your local police, which will usually be through your licensing officer.

10.6 Following a find of a suspected drug then the finder will enter the date, time, location, description and action. You should allocate a unique number to the deposit, place it in an Essex Police tamperproof evidence bag and into the safety deposit box. You should use the same book to record any drug-related incidents that the police might find useful as intelligence e.g. see fig. 1

Number	Date & Time	Staff Member	Details	Location	Action
N/A	1/7/03 19.30hrs	Dilla Dealer	1” line of white powder on toilet seat	Number one gents toilet cubicle	Wiped with toilet paper and flushed down the toilet
12/2003	6/7/03 01.15hrs	Bob Blunt	One white tablet found with dove motif	In the queuing area	Placed in evidence bag and put in deposit box
N/A	7/7/03	Steve Straight	Suspicious male	Around pool table	Invited to entrance to submit to search. Search declined. Male ejected. CCTV camera recording and retained for police. Message left for licensing officer to advise.

11.1 Whilst the above guidance is offered to the mutual benefit of all parties the list is not exhaustive and your local licensing officer can offer further guidance. Above all else - but not to be used as a get out clause - is the safety of your customers and your staff. With the use of hypodermic needles comes considerable risk but generally speaking most of the drugs used on your premise will be ingested, smoked or sniffed. Drug dealers can sometimes get aggressive either through the use of drugs themselves or because of the potential impact you actions might have on their ‘earnings’. Even in the absence of an arrest there is often valuable intelligence about the emerging trends behind drug misuse.