Issue 1 14.05.2016

A taste of things to come? 1 The City of Lincoln made history back in January,

2015 by becoming the first city in the UK to ban the

consumption of ‘legal highs’ and alcohol in public

spaces using local authorities powers to enforce

Public Space Protection Orders, but did these work?

As the NPS Bill looms over us we take a look at the

reality of how this legislation could affect our local

communities. And ask you what could be done to

reduce the negative outcomes of, what so far has

proven to be one of the more controversial pieces

of legislation, what could we do differently?

A unanimous decision at a Lincoln council meeting on February 24th 2015 to criminalise the

use of Novel Psychoactive Substances and Alcohol, introducing Public Space Protection

Orders to enforce the actions discussed. These acts gave additional powers of arrest, which

led to an increase in Stop and Search incidents. The Act came into force on April 1st 2015.

The actions enforced here came shortly after the Centre for Social Justice released a report

stating that Lincolnshire had the highest recorded incidents involving NPS in the country.

Which in 2014 was listed at having reached 820 a sharp rise from 7 recorded in 2011.

Coumcillor Ric Metcalfe commented ‘….we are proud to be taking this proactive approach

to tackle this emerging problem, protect Lincolns reputation and prevent further problems

arising’

Sam Barstow the Service manager for Public Protection and Anti-Social Behaviour in

Lincoln worked closely together with Police on protecting an enforcement plan to support

the order.

Lincolnshire Police’s Lincoln Centre Inspector Pat Coates said: “The ban gives us powers

under a Public Space Protection Order (PSPO) to take legal highs off individuals. It won’t

give us the power to search but, if necessary, we can use the Misuse of Drugs Act powers

to search individuals because we never know what the substance is and what it might

contain.

“We are keen to make sure that anyone using these substances

is given the help and assistance they might need so we will have

in place an arrangement with a local treatment agency. That

means that in the first instance any individual found using legal

highs will be referred for treatment and if they take that up the

Fixed Penalty Notice will be waived”

So this was the how the authorities in Lincoln saw the solution to the ever

growing problem of NPS use having a positive effect on members of the

community, both those who used the substances and those affected by those

who used the substances.

The build up to the meeting included a survey of

the community to gauge their views on and

around the issue at hand. This survey was worded

in such a way that it highlighted the effects of

drinking and the damage caused by street drinkers

and was not primarily focused on the use of ‘legal

highs’ although they were the primary target for

the proposed action. This ‘public consultation’

concluded 97% in favour of the proposed act being

introduced.

The ban which is a city wide ban stated that the local proposal

would cover public places and read “Persons within this area

will not ingest, inhale, inject, smoke or otherwise use

intoxicating substances.” This does not clearly provide

information as to what exactly is meant by the statement,

neither is it clear what the punishment for doing so would be.

The survey was carried out with minimal information available

as to the proposed outcomes and afterwards a high number of

individuals who contributed to the survey admitted that they

were not aware of the full intentions of the act, nor were they

aware of the implications such an act might have.

The Act was then put in place based on the

outcomes of the survey and enforced city wide.

The definition of Intoxicating substances was

expanded to say “Substances with the capacity to

stimulate or depress the central nervous system”

and the definitions were expanded to cover much

more than had been apparent in the survey.

Anyone who was found to be in breach of the

orders would be given a Fixed penalty notice or a

fine in court.

Police and Council enforcement officers were

awarded the power of confiscation and also to

issue Fixed penalty notices. But what justifies a

stop and search and what is seized as a result. And

what steps would you take if you the process was

unreasonable The benefits of the Act and it’s

contents when put to the test in a cost benefit

analysis against the possible additional issues that

it could create present a host of issues that

outweigh the benefits with an element of

common sense that has become alien in the world

of policy and legislation.

The Results of the implementation of this act have revealed the fears that those looking on with

discontent and concerns raised in debates and meetings during the preparation period. A concerned

member of the community in the area gives his view on the effects of the Public Place Protection

orders, one year on.

This comment was received from a concerned member of the community regarding the reality of

the effects this ruling is having. His personal experience of how the legislation is affecting others..

“The attitude of the council and local business improvement group has been both short

sighted and negligent in my opinion.

They claim that referrals to the local drug and alcohol service provider have decreased

since the introduction of the (PSPO) public space protection order was introduced but

this is a very misleading interpretation as it does not take into account figures from

the another treatment provider or those not willing to engage with primary service

providers, as they do not feel supported.

Black market NPS have flooded the streets (washed up in baths) and there have been

a large number of overdoses (unable to get exact figures from EMAS or A&E currently)

but on the ground we see it daily sadly it's pretty brazen.. just off the high street of

course..

We recently had a tendering process and the service provider involved in the referral

process part of this program will take over completely from October as the NHS

provider is being decommissioned.

One positive that has been advocated for is a second part of the contract which has

been awarded to Double Impact from Notts to provide a 'recovery' service alongside

the main lot..

One major ongoing frustration is the commissioner’s avoidance of take home

naloxone provision which will not be provided until October when the contract starts.

Lots of concerns here re: potential increases in Drug Related Deaths”

So it would seem that the Public Space Protection Orders have been a roaring success, on the

whole. Lincoln’s reputation has been saved and the problem has moved from the view of the

general public to the shady back alleys of Lincoln, or should I say the bathtubs, and out into the

suburbs. The problem hasn’t effectively been affected at all it has merely been moved. There seems

to be a NIMBY-ist approach to the issues. Pushed into the long grass out of sight seems to be the

answer for far too many local authorities. There doesn’t seem to be any acceptance or attention to

the underlying issues that lead to using in the first place, is this perhaps because it would maybe

mean accepting part of the blame, I mean firstly if you’re not part of the solution then you are part

of the problem and so far this has been the case. Pushing those that need support further away and

hiding them in the shadows doesn’t constitute a solution or even the beginning of one, neither

does criminalizing them, in fact if anything is marks the beginning of much greater problems as

does any untreated ‘illness’ which addiction truly is, it’s a negative reaction to a society that is

blissfully ignorant to the fact that people are dying, and torrentially soaked in total denial.

This comment was taken from a stakeholders meeting in Market Rasen, Lincolnshire last

October…..

The big issues: There was a feeling that the level of policing was almost non-existent in the town and

consequently business and commercial crime is on the increase, particularly theft. Drug taking and

drug abuse is also seen as a growing problem. Some felt they were paying high taxes and seeing little

back in terms of police action.

And areas such as Tetney also reported a

growing drug problem. Other feedback

reported that there had been little difference

in prevalence of NPS in the area, just away

from the town centre. I’m sure this is just

coincidence though. I mean Lincoln is ‘curing’

all those who were causing the issues there,

aren’t they? The problem has been solved,

hasn’t it?

Further to the comment here

made by my learned friend.

Police went on to make this

original statement at the

launch of their innovative

approach to NPS use…..

“A change in legislation will enable us to tackle the

sale of legal highs as well as dealing with the people who are

causing ASB or disorder as an effect of taking them. Ideally, we

would like to deal with the sellers of the product rather than

the people who are using them”

But, the legislation was not quick enough for the

officials in Lincolnshire who proceeded to close

down the local headshop anyway, thus creating a

wide open street market free for all, all you

needed to enter into the profitable world of

dealing was a bath and everything else was

prepared by the local council and police force.

Also in February 2015 just prior to the acceptance

of this local model for reform statistics were

released at the second annual poverty

conference in Lincoln showing that one out of

every four children lived in poverty in Lincoln.

Perhaps, and this is purely speculation, the

model for reform was looking to the future and

in essence providing a new business option for

the youth of tomorrow. A delicate additional

bonus that no-one, other than the concerned

citizens against the model saw coming.

Timeline following the inception and enforcement of the UK ‘s first

NPS ban. Looking at the pros and cons faced by those enforcing and

those it was enforced upon.

April 2015: Within 24 hours of the implementation of the NPS ban there had been four stop

and searches resulting in substances being removed from our new breed of criminal created

by the new act. A police spokesman stated that this was a good result and showed that the

new enforcement was indeed working.

Both an online marketing service and a headshop in the area were raided with a number of

products taken from them. Both Head Candy and Marley’s closed down for business after

being served Community Safety Orders.

The ban now worded….“Persons within this area will not ingest, inhale, inject, smoke or

otherwise use intoxicating substances.” Was being used to it’s fullest effect. Who needs

legislation?

Interest began to grow Nationally and Brendan O’Brian, policing expert commented that the

order and model in general were impossible to enforce.

May. Within the first month there had been 100 people stopped, 81 incidents, 75 incidents

where individuals ‘surrendered’ their substances, 71 of those incidents involved alcohol, 4

involved NPS, 6 orders were breached. 3 of which were NPS. Offenders were offered a

discount on their fine if they attended the local treatment agency. First time offenders now

offered treatment instead of a fine.

In May Police issued a warning stating ‘Legal High Peddlars we’re coming to get you’ but this

clean up act wasn’t aimed at the dealers it was removing the ‘undesirable’ users from the

public eye?

June saw the introduction of ‘enforcement days’ where extra police officers were patrolling

the streets to remind everyone of the orders and to ensure that there were no breaches of

the order.

July recorded that there had been over 200 incidents with 24 breaches pending at the local

court. Approximately £720 had been collected in fines.

July also saw the countries first prosecutions which resulted in a total of £720 revenue for the

county. Two separate breaches were given fines of £150 and £200 respectively, both failed to

pay in a designated time and were therefore ordered to pay the fine with an added £150 and

£200 charge on top and also £15 and £20 ‘victims’ surcharge on top for being in a public place

under the influence. Meanwhile sales in the local business public houses in and around the

town centre is thriving, win, win on the economic side of things.

“Anecdotal evidence suggests the PSPO has been very

successful in tackling anti-social behaviour and protecting

Lincoln’s residents, businesses and visitors”

By October, the first review of the effects of the legislation in context, there had been 280

breaches of the order, 270 orders involved fixed penalties, 247 of those involved alcohol

which was surrendered on request. 29 breaches of the order have resulted in 12 successful

prosecutions with a further 7 pending. Numbers for those actually accessing treatment

locally with success unknown. In fact I’m struggling to find any input from users or providers.

February 16: Shadow Secretary of State for Communities and Local Government Jon Trickett,

accompanied by City of Lincoln Council Leader Ric Metcalfe, Lincolnshire Police Inspector Pat

Coates and Sam Barstow, Service Manager for Public Protection and Antisocial Behaviour at

the city council addressed business partners to appraise the success of the legislation so far,

highlighting the statistical data, the perceive successes and the proposal to continue with

enforcing the project. Trickett commended the county on it’s initiative trailblazing the path

for more successful adaptations across the country. The criminalization and demonisation of

a huge number of individuals, human beings, community members was deemed a success.

The Labour shadow cabinet member was also joined by the party’s candidate for the Police

and Crime Commissioner elections, Lucinda Preston. Who said this:

“The reason for the ban was solely to reduce the instances of anti-

social behaviour in the city and it’s done that”

So Lincoln, the town centre is apparently clear of all concerning issues,

visitors to the town centre can be assured that they are going to be safe,

those who have a little too much too drink over the weekend and on the

odd occasional night through the week can feel safe in the knowledge that

they won’ t be accosted for a pound

while they stagger recklessly all

over the place on their way home,

another successful prohibition

avenue for econimic revenue has

proven to be quite lucrative. And on

the surface Lincoln has returned to

normality…..

Meanwhile illicit production and

distribution of substances, which

present a higher risk than those that

were sold via retail outlet, has

increased due to the underlying

issues not being addressed, and the

demand still remaining the same, the

plaster over the gaping jugular has

long fell off and washed down the

drain, ghetto pharmacists are

working overtime to fill the deficit

left by the legislation, employing

youngsters for distribution and a

now criminalized group of individuals have created a lucrative business

venture everywhere else other than in Lincoln town centre, so it has to be

said it’s a win, win situation, or what those among you with insight might

call a ‘Stalemate’ situation that has ethically, humanely and realistically

achieved absolutely nothing other than a steady stream of incoming

revenue and preservation of an image and reputation that simply covers

up the lie, all at the cost of the demonisation and criminalization of an

already high risk group of individuals. Lincoln.

And as a result of this success……

Under the new legislation anyone caught producing, supplying or

importing psychoactive substances is likely to be charged with associated

offences.

The new legislation gives police and other law enforcement agencies

greater powers to tackle the trade in psychoactive substances, known as

‘legal highs’, and will see offenders face up to seven years in prison if

convicted of associated offences. Remember supply could mean handing a

spliff to your mate or letting them have a line of your gear.

LINCOLN CITY PROUD PIONEERS OF THE NEXT GENERATION OF CRIMINAL

#SUPPORT ACHIEVES BETTER ALL ROUND RESULTS THAT #PUNISHMENT