A HEAD shop whose sale of legal highs has drawn the ire of the authorities will re-open after police failed to prove it was the cause of antisocial behaviour in Plymouth city centre.
The Dam Good Head Shop in Ebrington Street was temporarily shut by police who issued a 48 hours closure notice on October 28 under the Antisocial Behaviour, Crime and Policing Act 2014.
The following day magistrates said the shop would remain closed for two weeks ahead of a full hearing.
On Tuesday, at Plymouth Magistrates Court, prosecutor Tom Bradnock said the effects of legal highs on some users was "akin to demonic possession".
However, Kevin Hopper, representing the shop's owner Steve Beard, suggested that "the effect people suffer [from legal highs] is irrelevant", instead arguing the court hearing was solely about whether the shop was the cause of antisocial behaviour and whether it was happening near the store.
Mr Bradnock told magistrates the grounds for the closure order – which could have seen the store closed for up to three months – if people were likely to engage in disorderly, offensive or criminal behaviour on the premises, or that the use of the premises has resulted, or – if the order was not made– were likely to result, in serious nuisance to members of the public, or that there had been, or – if the order was not made – was likely to be, disorder near those premises associated with the use of those premises.
He said that the order was, in accordance to the legislation, "necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring."
Under cross examination by Mr Hopper, neighbourhood PCSO Tryst Fentem was questioned about the evidence put forward.
The bundle provided in court covered a number of incident reports and intelligence logs over several months relating to the use of legal highs.
They included conversations with one user who lived like "Stig of the Dump", but who bought legal highs convinced "they were safe because they were sold in shops" like the Dam Good Head Shop.
Another incident in September of a man showing symptoms of legal high use saw him found in possession of a "plastic gun" for "self defence".
In the same month a young woman who collapsed in a fast food restaurant was taken to hospital suffering symptoms of legal high use.
Mr Hopper noted how one of the entries in the bundle was of the shop itself having its windows smashed. He noted how the police were using this as evidence that the shop suffering a crime was proof of it causing antisocial behaviour.
Other examples put forward included an incident of a baby being left in a pram outside the store as the parents went inside to shop; a man throwing things at the shop shouting that he was going to kill himself because of the effects legal highs had had on him; a man under the influence of a legal high dropping a baby from a car seat; a man found unconscious in Ebrington Street due to the legal substance and a man seen injecting himself in the same street in public view.
Mr Hopper also questioned PCSO Fentem about intelligence logs including one which claimed people were buying legal highs and alcohol with the "express intention" of giving them to underage girls.
He highlighted one case put forward, of a man on a mixture of legal highs and alcohol who attempted to jump from the top of the Theatre Royal car park, then Drakes Circus car park, who was then detained and taken to Glenbourne mental health facility. He was released soon after admission and returned to the Theatre Royal car park to continue his attempts.
In each of the cases Mr Hopper raised he noted they did not show evidence of antisocial behaviour linked to the Dam Good Head Shop, and when it did, it was not in the vicinity of the shop, but sometimes as far away as Mutley and Stonehouse.
Sector Inspector Sally Hutchings gave evidence that there had been an increase antisocial behaviour in Ebrington Street shortly after the city's other head shop, High Life, was closed down.
She said the information from residents and business in the area "suffer daily antisocial behaviour in relation to legal highs from the Dam Good Head Shop".
Statements by two local shopkeepers were given to magistrates highlighting their concerns and incidents they claimed to have suffered.
Summing up, Mr Hopper said the issue magistrates had to consider was "not about the morality of selling or not selling legal highs". He said the "clue was in the word" and that Mr Beard was a "businessman running a perfectly legitimate business".
He said: "The police have thrown everything at this with the hope that some of it is going to stick".
He said people accepted the substances being sold – often branded as 'plant food' – was "not put on tomatoes", but argued the police's case did not show "serious nuisance" caused by the store.
He added: The morality of them [legal highs] is for another day and not this court."
After consideration, magistrates agreed with Mr Hopper, saying police did not show the shop's sale of legal highs constitute a serious nuisance, nor had they shown that many incidents were near the store.
As a result, the police's application to close the store was not granted.
Magistrates made no order for costs.
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