Getting high on the agenda

I have just been to a re-screening of the film Pulp Fiction, in which drug-taking features largely and dramatically.

Fictional it may be, but young people have grown up seeing drugs as part of life, and we cannot deny it. The problem is that once again, the licensee is in the firing line, through no direct fault of his own.

Several licensees have contacted me in recent months, telling stories of a police crackdown on the trade. In one instance, the police said that if anyone being searched in the pub has illegal drugs, the licensee can be charged.

But is this actually true?

No - this is a mixed-up version of what is happening and does not reflect the

actual police campaign. The legal position is that the police have to prove actual or constructive knowledge of drug-trafficking on the premises to stand a chance in court against the licensee.

They need to show, at least, that he turned a blind eye to what was going on under his nose - and that is not possible merely from the discovery of some gear on one or two customers.

However, drugs awareness is an important part of the modern licensee's armoury, particularly if there is any threat at all of drug-dealing taking place in your bar.

The plain truth is that a pub is a fairly obvious place to make any number of transactions and "deals". Many of these are by no means illegal, but a pub is a convenient meeting point to hold a discussion or pass over money or goods. You cannot, in all fairness, ban every type of transaction, unless it is clearly trading on your private premises or creating an inconvenience for other customers.

In any event, it is unlikely that drug deals will take place openly in the bar. What you must do is to instruct your staff that if they have any suspicions they must report this to you - not take immediate action themselves unless it is necessary.

The key to understanding the police policy is to contact them yourself, talk to the drugs unit and find out what you can do. Implement drugs-awareness training for your staff and have a police hotline number available.

You cannot be said to be "permitting" drugs or dealing if you take a positive line on this.