Facilitating Drug Abuse
It is an offence for an occupier or another person concerned in the management of premises if they knowingly permit or allow any of the following to take place:
- Producing or attempting to produce a controlled drug in contravention of the act.
- Prior attempts to supply a controlled drug to another in contravention of the act or often to supply a controlled drug to another in contravention of the act.
- Preparing opium for smoking.
- Smoking cannabis, cannabis resin, or prepared opium.
Management implies a degree of control over the management of the place concerned. If a person controls the premises by managing and organising it, this may suffice, and a number of persons may be together concerned in the management of the premises, with each being liable to conviction.
If the defendant is aware that the premises are being used to supply controlled drugs, it is irrelevant which drug is involved. The general exemption in the Misuse of Drugs Regulation applies.
The offence is subject, on summary conviction, to up to six months’ imprisonment and/or a statutory maximum fine. In the case of Class A or Class B drugs, it’s three months’ imprisonment and/or a fine of a maximum of £2,500 in respect of Class C drugs. On indictment, the offence is subject to up to 14 years’ imprisonment and/or a fine in respect of all classes of drugs.
The antisocial behaviour order provides that it is an offence if a person remains on premises in contravention of a closure notice. The police may issue a closure notice where premises are not to be used in the production or supply of Class A controlled drugs, together with other disorder or serious nuisance to members of the public.
It is an offence to obstruct an authorised person acting under the legislation or to remain on premises when a closure order is in force or to enter any such premises.
A police officer not below the rank of superintendent has reasonable grounds for believing that the premises are being used in connection with the unlawful use, production, or supply of Class A drugs and that the use of the premises is associated with the commencement of disorder or serious nuisance.
The police officer concerned may authorise the issue of a closure notice in respect of the premises after consultation has been held with the local authority, and reasonable steps have been taken to identify any person living on the premises or who has control of or responsibility for or an interest in the premises.
The closure notice must be in writing and must specify certain matters. It must state that access to the premises is prohibited, other than for persons who habitually reside there. They must specify the date and times when the application will be heard. It must give certain explanations to state the effect of failure to comply with the notice.
The notice may be served by fixing a copy to the premises. It must also be served on a person who occupies any other part of the building or structure in which the premises are situated if t he believes that at the time of serving the notice, the person’s access to another part of the building will be the subject of the closure order.
If a closure notice has been issued, the constable must apply to the magistrate’s court for the making of a closure order. The application must be heard within 48 hours of the service of the notice.
The court may make the order if and only if it is satisfied that the premises for which the notice has been issued have been used in connection with the unlawful use, production, or supply of a Class A drug, that the use of the premises is associated with the occurrence of disorder or serious nuisance to members of the public, and that the making of the order is necessary to prevent the occurrence of such disorder or nuisance for the period specified. Breach of a notice is subject, on summary conviction, to imprisonment for up to six months or a fine on level 5 scale.