Tackling Drink Spiking – new guidance introduced

According to data from the National Police Chiefs’ Council, 80% of spiking incidents happen in a public place. Almost half of all reported incidents happen in a bar and after that nightclubs (particularly for needle spiking) were the most common location. This is an issue that the sector needs to help tackle.

The Government announced at the end of 2023 that spiking would be targeted by both the police and door staff in an attempt to reduce the number of incidents. New guidance on spiking has been released alongside specific guidance for venue operators.

Targeted measures

Alongside the backing of new legislation, the Government have set out numerous practical measures aimed at improving the understanding of spiking and delivering better support to victims.

This includes:

• training door staff to spot potential perpetrators and signs patrons have been victimised
• research into spiking testing kits to help venues and police detect if someone’s drink has been spiked in real-time
• operations run by the National Police Chiefs’ Council to tackle spiking during key weeks across the 43 police forces in England and Wales
• an online spiking tool to be rolled out to all police forces to make it easier to anonymously report it if people fear they have been a victim of the crime
• updated statutory guidance to include spiking (s182 Licensing Act 2003)

The full list, including further information, can be found here.

Definition of spiking

The new spiking factsheet includes the legal definition of spiking.

“It is a crime to maliciously administer, cause to administer or cause to be taken by any other person any poison or destructive or noxious thing, such as to endanger their life, cause them grievous bodily harm, or intentionally injure, aggrieve, or annoy them”

The guidance also gives a non-exhaustive list of examples of spiking:

• putting alcohol into someone’s drink without their knowledge or permission
• putting prescription or illegal drugs into someone’s alcoholic or non-alcoholic drink without their knowledge or permission
• injecting someone with prescription or illegal drugs without their knowledge or permission
• putting prescription or illegal drugs into someone’s food without their knowledge or permission
• putting prescription or illegal drugs into someone’s cigarette or vape without their knowledge or permission

The factsheet can be found here.

Who spiking victims are

Whilst anyone can be a victim of spiking, people in some groups are more likely to be targeted. In a YouGov poll in December 2022, 10% of women and 5% of men said they had been spiked.

According to data from the National Police Chiefs’ Council, based on people who have reported that they have been a victim of spiking:

• the average age of victims across all types of spiking was 26 years
• women were the victims in a large majority of all spiking offences (74%)

What does this mean for operators?

As an operator, you have a duty to keep customers safe. Not only that but spiking incidents in your venue are bad publicity and bad for business.

The new guidance for venues on preventing spiking can be found here.

The guidance requires:

• your staff to assist a victim of spiking in your venue. This could include, arranging medical support, finding the victim’s friends or getting them home safely as well as calling the police.
• you to assist the police in identifying the perpetrator which might include keeping CCTV footage, securing contaminated drinks and clothing.
• you to display anti-spiking posters in your venue. Examples can be found here.
• staff training. All staff, bar staff, door staff and security staff should receive training on how to recognise spiking and what to do when it happens.

Penalties

Spiking is a crime in any form and is covered by more than one law. Most spiking cases are offences under the Offences Against the Person Act 1861. This covers the use of harmful substances. The Sexual Offences Act 2003 covers cases where someone spikes a victim to sexually assault them.

The maximum sentence for an individual found guilty of spiking is 10 years imprisonment. If a robbery, sexual assault or other crime take place, the sentence may be even longer.

For more information, contact Lisa Gilligan.