Page 39 - Door Supervision Training Booklet
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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 a 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 ones 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 lease 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 nightclubs 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
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