Updated Licensing Act section 182 guidance

As part of measures recently announced by the Home Office to tackle drinks ‘spiking’, an updated version of the Statutory Guidance guidance under s.182 of the Licensing Act 2003 has now been issued.

The updated guidance now includes specific reference to ‘spiking’ in the context of promoting the prevention of crime objective.  The new guidance seeks to define the crime of ‘spiking’ although not definitively.

Paragraph 2.7 reads:

“The objective to crime under the Licensing Act 2003 would include taking measures to prevent incidents of spiking which would usually be prosecuted under section 23 and 24 of the Offences Against the Person Act 1861, and section 61 of the Sexual Offences Act 2003. The following examples are within the range of behaviours that would be considered spiking. This list is not exhaustive:

• Putting alcohol into someone’s drink without their knowledge or permission
• Putting prescription or illegal drugs into an alcoholic or non-alcoholic drink without their knowledge or permission
• Injecting another person with prescription or illegal drugs without their knowledge or permission
• Putting prescription or illegal drugs into another person's food without their knowledge or permission
• Putting prescription or illegal drugs into another person's cigarette or vape  without their knowledge or permission”

Paragraph 10.10 (which requires the Committees to consider the proportionality of measures they impose on licences) has also been amended to reference spiking:

“Licensing authorities may also wish to consider placing additional conditions on licences to safeguard patrons against spiking, if deemed appropriate and proportionate for a specific venue where there is evidence to justify such action (a definition of spiking can be found in para 2.7).”