Access All Areas September 2018 | Page 24

SEPTEMBER | COVER FEATURE Above, left to right: Reed; Measham; Mutiny Festival “The legal doctrine of ‘volenti non fit injuria’ would apply,” – Luker Rowe’s Peter Tilsed 24 role becomes imperative. Crucially, MAST also provides information and intelligence to all site medical and emergency services, alongside monitoring of local drug trends.” The recent tragic events at the Portsmouth Mutiny festival have caused other festivals to view their positions taking into account moral, legal and insurance reasons, according to Peter Tilsed of Luker Rowe. “Future drug checking at festivals brings some interesting considerations due to the different attitudes. Bestival provided drug testing, whilst Reading and Leeds have the opposite approach saying that there will be none. “Festivals are unlike many other day-to-day activities as it is known and accepted that the illegal activity of drug taking happens at the event. The legal doctrine of ‘volenti non fit injuria’ would apply, which states that if someone willingly places themselves in a position where harm might result, they are not able to bring a claim against another party. However, this would not take all responsibility away from organisers, although if a legal claim was successful, the compensation would probably be proportionally reduced due to this. “Because organisers are aware of the drug taking, they would be expected to provide some basic facilities such as adequate first aid. The Mutiny festival was unusual as the festival was cancelled once the dangerous drugs had been discovered. Legally this was probably a sensible step as there is an increased duty on organisers when they become aware of an increased and unacceptable exposure to their customers. Should the organisers be taken to court, it is likely that the Public Liability insurers would become involved, he adds. “Whilst a standard Public Liability insurance policy would have no drugs exclusion, it is possible that this could be added to an insurance policy for a festival leaving the organiser with no insurance protection. “There may also be other exclusions when the organiser is providing advice, such as where Bestival are offering a drug testing service. “Whilst this is being undertaken by an outside organisation who presumably have adequate insurance, any initial claim would come against the organiser.” Luker Rowe’s message is therefore that there are many areas that need consideration before any decision is made and in respect of insurances, you need to check with your insurance provider as to what is, and most importantly what is not, covered under the festival insurance policy. MADE Festival, a Birmingham festival, which took place on 28 July, operated a strict no drugs policy but introduced Multi Agency Safety Testing (MAST) as part of its new harm reduction strategy, allowing festival-goers to test drugs and make informed choices; the first time such safety testing has been used in the West Midlands. The decision was the result of a new partnership between The Loop, a non profit social enterprise specialising in drug safety testing, West Midlands Police, the Police and Crime Commissioner and Birmingham City Council. Pete Jordan, MADE Festival’s Festival Director says: “As Birmingham’s leading music festival, the safety of our customers is our top priority. MADE Festival maintains its anti-drug stance, and we strongly urge people not to bring illegal substances to the event.” Fiona Measham, The Loop’s director adds: “The Loop will be delivering our drug safety testing service at over ten festivals across the UK this summer so we have a growing understanding of what is circulating in the illegal drug market, what is missold and what the risks might be. It is vitally important that we test in the Midlands and collect test data to inform not just festival-goers but also onsite and off site emergency services so everyone knows what is in circulation.” The Loop’s MAST service is a form of drug safety testing whereby individual users submit samples for analysis and receive their results as part of a confidential, individually tailored harm reduction package, which facilitates a direct dialogue between the customer