Occupier or manager permitting drug activity on premises

s.8Misuse of Drugs Act 1971

Being the occupier of premises, or concerned in their management, and knowingly permitting or suffering the production or supply of controlled drugs, the preparation of opium, or the smoking of cannabis or opium there.

Occupier or manager permitting drug activity on premises · Misuse of Drugs Act 1971, s.8Card 65 / 85

Points to prove

Was the occupier of, or concerned in the management of, premises
Knowingly
Permitted or suffered
On those premisesProducing or attempting to produce a controlled drug; supplying, attempting to supply or offering to supply a controlled drug; preparing opium for smoking; or smoking cannabis, cannabis resin or prepared opium

Key definitions

Occupier – not defined in the Act. It is not limited to owners or tenants: a student with exclusive use of a room in a hall of residence was held to be the occupier of it (R v Tao 1977).
Concerned in the management – not defined; covers people who run or control the premises, whether or not they are the occupier.
Knowingly permits or suffers – the defendant must know the activity is taking place and allow it to happen.
Supplying and producing – s.37(1): supplying includes distributing; producing means by manufacture, cultivation or any other method.
Cannabis, cannabis resin and prepared opium – s.37(1). Prepared opium is opium prepared for smoking, including dross and other residues left after it has been smoked.

Good to know

Exam trap: s.8(d) covers only smoking cannabis, cannabis resin or prepared opium. Knowingly allowing people to use other drugs (for example injecting heroin) on the premises is not an offence under s.8, unless supply or production is also taking place. A wider s.8(d) was enacted by s.38 of the Criminal Justice and Police Act 2001 but has not been brought into force.
The s.28 lack-of-knowledge defence does not apply to s.8 (s.28(1)). Instead, the prosecution must prove knowledge.
Under the earlier law, a landlady who did not know her tenants were smoking cannabis was not guilty, because the offence required a guilty mind (Sweet v Parsley 1970). s.8 now says “knowingly” in terms.
s.8 is a drug trafficking offence. For an adult convicted of a third Class A trafficking offence, the court must impose at least 7 years unless there are exceptional circumstances (Sentencing Act 2020, s.313).

Legislation: Misuse of Drugs Act 1971, s.8 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (indictable only where the minimum sentence for a third Class A trafficking offence could apply)
Maximum penalty: On indictment: 14 years and/or a fine (all classes). Summarily: Class A and B 12 months and/or a fine; Class C 3 months and/or £2,500