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Home Office Consultation on proposals update Section 182 Guidance to make reference to spiking (Dec 2022) Published Date: 16/12/2022

The Home Affairs Committee (HASC) published its Ninth Report of Session 2021–22, Spiking (HC 967) on 26 April 2022.  The report made a total of 12 recommendations, and the Government published its response on 4 July 2022.

The intiial inquiry was launched following a sudden increase in the number of spiking incidents across the country in October 2021 and reports of a new form that involved individuals being spiked with a needle.  A survey resuled in responses from 1,895 victims and 1,413 witnesses of spiking incidents. 

The Government is keen to address the Committee’s concerns and considers such an update to the Section 182 guidance an appropriate way to do so.

The Government do not consider that legislative changes to the LA2003 are required to address the issue of spiking, as they consider that the Licensing Act in its current form contains enough powers and safeguards for premises to take whatever steps they need to keep their patrons safe.   The Government recognises that incidents of spiking will not be an issue for many licensed premises and that bringing in legislation to make blanket changes to all premises would be disproportionate.

The Government have therefore committed to explore whether making some additions to the section 182 Guidance which accompanies the Licensing Act will enable us to achieve our aim of raising awareness of spiking, encouraging those applying for licences to thoroughly consider what, if any, measures they need to put in place to deter spiking, and to ensure that licensing authorities are giving due regard to issues around spiking when considering applications.

The Home Office welcomes views on this issue and the consultation will conclude on 13 January 2023.

View the consultation document

IoL Response

The IoL has responded to this consultation.  The response can be viewed here.