European laws : Raves Party and Drugs

Legal responses at international and European level

Legal responses addressing drug use within recreational settings at international and European level are relatively limited and so we cannot refer to any statutory instruments that address this phenomenon. However, two resolutions adopted by the United Nations Commission on Narcotic Drugs and the Council of the European Union should be mentioned here.

First, in March 2001, recalling the new trends in drug use among young people, the Commission on Narcotic Drugs adopted Resolution 44/5 (44) on the recreational and leisure use of drugs among young people. The first point of this resolution foresees the possibility of states requesting guidance and assistance from the United Nations International Drug Control programme in developing strategies and programmes for reducing illicit drug use, especially among young people in recreational settings. It ‘also encourages States to develop information systems and prevention programmes aimed at raising public awareness of the risks associated with the new trends in illicit drug use among young people, in particular in recreational areas’.

Within the European Union, a resolution (45) was adopted in 2002 by the Council and the representatives of the Member States. Addressing the prevention of recreational use of drugs, this instrument gives clear advice on the political priority of this topic, even if it does not create any obligations on national authorities in terms of competence.

From the point of view of policy, the new EU Drugs Action Plan (2005–2008) clearly refers to drug use within recreational settings. It is up to the Member States to develop and improve prevention programmes for selected target groups and also specific settings, such as recreational settings (46). The EMCDDA has been asked to provide data by 2008 on prevention projects in recreational settings.

Legal responses at national level

National strategies in the Czech Republic, Greece, Cyprus, Lithuania, Hungary and Slovakia refer to recreational drug use. The main actions mentioned are prevention, harm reduction activities and training. In some other countries first steps are being taken to extend the legal framework regulating prevention and intervention to reduce harm to include recreational settings. For example, in Luxembourg, the action plan on drugs (2005–2009) includes a needs assessment in the techno scene to help devise measures for reducing risk, damage and nuisance.

There is no legislation in the Member States specifically dedicated to prevention and harm reduction activities or to the control of drug use in recreational settings. General legislation covering recreational settings refers occasionally to drug use and seems to be the most common approach taken by many countries. Two countries reported that drugs legislation regulating use, possession or trafficking contains specific provisions for regulating drug use in areas usually frequented by young people.

Legislation regulating recreational settings

National reports distinguish two types of legislation: first, legislation regarding the organisation of an occasional festival, concert or rave party and, second, legislation addressing regular nightclubs and dance music establishments.

France is the only EU Member State that has reported a strict legal framework for occasional recreational events. The New article 23-I of the law giving guidance and programming for daily security (LOPS) requires the organisers of rave parties to declare their plans to the prefect of the department concerned. The 2002-887 Order of 3 May 2002 specifies the submission mode and Article 3 al. 2 requests that the organisers of such gatherings indicate the provisions planned in order to reduce harm linked to the use of alcohol or drugs.

Many risk reduction strategies have developed in the techno party scene over the past decade and the Order issued on 14 April 2005 finally offered a legal status to these strategies. It details the national reference framework for risk reduction strategies for drug users, such as the distribution and promotion of clean equipment, and directions to emergency care, general care, specialised care and social services.

In Belgium, there are no legal requirements to obtain a licence or authorisation before the organisation of a rave party. Furthermore, the latest directive on drugs states that, although use of cannabis is illegal, possession for personal use should not necessarily be prosecuted. However, in the case of a special event, such as a rave party, that could create public nuisance, the law gives local authorities the power to issue a specific directive that enables possession for personal use, normally associated with the lowest penalties, to be punished with a higher penalty.

In the Netherlands, policy is not confined to possible dangers of specific drug use. Municipal guidelines were developed, including rules, regulations, agreements and suggestions for the owners of establishments where parties are organised and proposing cooperation between stakeholders. However, it is interesting to note that since September 2002 mayors have been legally permitted to allow preventive searching in situations that are considered to present a high risk to public safety, such as violence (weapons), but also drug-related nuisance and health risks.

Some Member States have reported specific guidelines regarding the organisation of such parties, even if they do not have legal provisions on this topic. In Norway, for example, pursuant to the Police Regulations, organisers of events are obliged to notify the police of the time, place and expected size of the event. The security plan for such gatherings often includes body searches before admission to confiscate illegal objects and drugs.

In the same way, in Finland, recreational drug use is controlled by police monitoring and raids. Police officers circulate among festival crowds with drug detector dogs, and control measures have also been targeted outside events.

In addition to this legislation on occasional rave parties, some Member States reported legal provisions on regular nightclubs or dance venues that include articles referring to drug use.

Taking into consideration these kinds of establishments, it is possible to distinguish two different types of legislation: (a) laws dealing with the prevention of drug use in recreational settings; and (b) laws dealing with the consequences of drug use within such establishments.

In order to prevent drug use in nightclubs or dance clubs, Irish legislation allows the prohibition of a person entering or being in the vicinity of licensed premises or a dance hall if he/she is the subject of an exclusion order. Such exclusion orders are imposed on persons convicted of a public order offence, such as intoxication (being under the influence of any alcoholic drink, drug or solvent or other substance).

With the same objective, the national strategies of Greece and Cyprus suggest that actions to prevent drug use should be developed. Ireland and the United Kingdom have a legal framework providing training and support for nightclub staff to optimise ways of addressing drug problems. As of April 2005, all door supervisors at bars and clubs must have a security industry authority licence, which means that they must have specific qualifications and must take part in a training course that covers drug awareness. From a non-legal point of view, but with the same aim of prevention, a training course in first aid to deal with drug accidents in recreational settings has been implemented in the Netherlands. Individuals who complete the course are able to train other people working in recreational settings. A handbook for coffee shop owners has also been produced to encourage prevention in coffee shops, and a plan, ‘Nightlife and Drugs 1998–2001’, has been formulated by the Trimbos Institute.

Some countries have specific national legal frameworks that regulate the licensing of recreational establishments and their eventual liability in case of drug use on their premises. The most common consequence is revocation of the licence.

In Ireland, for example, the Licensing (Combating Drug Abuse) Act 1997 provides for permanent disqualification from obtaining a licence for intoxicating liquor on conviction of a drugs offence. It also provides for the permanent revocation of such a licence on conviction of a drugs offence. Such revocation is also provided for in the case of sale of controlled drugs on the premises of the establishment. In that case, the licence holder will be disqualified for 5 years.

Similarly, in the United Kingdom, according to the Public Entertainments Licences (Drug Misuse) Act 1997, a licence may be refused or revoked if:

Norway also reported that under the Alcohol Act, which includes regulatory provisions relating to the sale and serving of alcohol, an alcohol licence, delivered by municipal councils (licensing authorities), can be revoked if the repeated sale of drugs in the licensed premises is discovered.

The Spanish Organic Law 1/1992 Protection of Citizen Safety strictly prohibits the consumption and traffic of illicit narcotics and psychotropic substances in public venues or establishments, or a lack of diligence in enforcing this prohibition by owners, managers or overseers of the establishment.

Finally, in Lithuania no specific legal provision stipulates control and prevention of drug use in recreational settings but a proposed amendment to the draft revision of the Administrative Code stated that owners of recreational settings shall be prosecuted for taking no action to prevent and report distribution and use of narcotic and psychotropic substances within their establishments. The proposal was rejected.

In addition to licensing legislation that specifically addresses recreational settings, provisions relating to drug use in recreational settings can be found in national drug legislation. It is common for national legislation to include provisions regulating the sale or use of drugs near schools (47). However, only two Member States (Denmark and Malta) have provisions in their drugs legislation that consider use near recreational settings usually frequented by young people as an aggravating circumstance in a drug offence. In Denmark, a 2004 amendment to the Euphoriants Act makes it an aggravating circumstance to sell drugs (or to offer them free of charge) in restaurants or discotheques or at concerts and music festivals or similar places typically attended by children or young people. Similar provisions exist in Malta, where punishments are increased by one degree if the offence takes place within 100 metres of the perimeter of a school, youth club or any place frequented by young people.