Drug testing facilities at festivals

For several years a number of large Summer music festivals have provided back-of-house facilities to test drugs circulating on-site. This has been seen as an important safety issue, especially when extremely potent substances can be mixed into products or mis-sold leading to accidental overdoses.

These facilities have previously been unlicensed.  A select Committee report on the future of UK music festivals, published in May 2021, pointed out that “while the Home Office can issue licences for organisations to handle controlled drugs, these “have always been for fixed sites, permanent laboratories and not for mobile facilities” such as tents in festival fields.”

The ’21 report included the recommendation that:

“… before festivals take place this summer [2021], the Home Secretary should make regulations under section 7 of the Misuse of Drugs Act 1971 that allow organisations conducting drug checking to operate lawfully. Thereafter, the Government should introduce a dedicated licensing scheme for drug checking to set a clear legal framework and minimum standards that service providers must meet. Within the next six months, DCMS should convene a roundtable on such a licensing scheme bringing together the Home Office, the Department of Health and Social Care, police representatives, festival organisers and service providers.”

In their response to the report the Government (August 2021) stated:

“…the Government will continue to support back-of-house testing on substances that have been seized as this can provide useful intelligence and enable festival organisers and other partners to implement harm reduction measures. Anyone interested in lawfully undertaking activities that include the possession, supply or production of controlled drugs (including in the course of drug testing services) can already apply to the Home Office for a domestic licence. As part of a licence application, individuals or the company involved would be subject to the usual considerations, visits and fees.”

Some festival organisers appear to interpret this policy as a de facto ban with the licensing costs and procedures making the licensing of temporary facilities too lengthy, costly and impractical. 

Whether the Government will, as recommended, “introduce a dedicated licensing scheme for drug checking” we wait to see.

If Festivals are unable to gather the intelligence this year, we hope this will not result in otherwise avoidable harm.