Fresh calls for action on shops selling laughing gas across the West Midlands

Dr David Nicholl, consultant neurologist, said stronger enforcement is needed.

Author: Kellie MaddoxPublished 17th Jul 2023

There are fresh calls for tougher action on shops selling nitrous oxide, also known as laughing gas, across the West Midlands.

The substance is the second most-used drug among 16 to 24-year-olds in the country, with doctors warning the number of people coming to harm after taking it, rising post-pandemic.

Dr David Nicholl, consultant neurologist at Sandwell and West Birmingham NHS Trust, has been campaigning for several years for more to be done to tackle the availability of the substance.

He has now started a petition, urging police to better enforce the Psychoactive Substances Act (2016).

Dr Nicholl said: "There's a franchise of shops, widely known among the community, there's 15 across Birmingham and Coventry, so there's action that police and trading standards can be taking today, because they have the names and addresses.

"We acknowledge that policing resources may be stretched thin due to various challenges faced by law enforcement agencies.

"However, we firmly believe that prioritizing efforts towards enforcing this crucial legislation will yield substantial benefits for our communities' safety and well-being."

What does the law say about Nitrous Oxide?

Nitrous Oxide is commonly used for legitimate purposes including by chefs, who use it in products liked whipped cream or doctors using it for pain relief.

It’s not illegal to consume, or possess the substance, but it’s illegal to supply if the vendor knows it’s going to be used recreationally.

It’s also illegal if you buy it, intending to sell it or give it away to your friends for use as a psychoactive substance.

Dr Nicholl said: "Unfortunately, despite this legislation being in place for several years now, there has been a lack of effective enforcement by West Midlands Police.

"This has resulted in an alarming increase in the availability and use of psychoactive substances across our communities. The consequences are dire – Nitrous Oxide has been linked to numerous incidents involving antisocial behaviour, hospitalizations, vehicle accidents and (rarely) deaths."

What is being done by authorities?

Nitrous Oxide is set to be banned under Government plans to clamp down on anti-social behaviour.

Making the announcement in March, levelling up secretary Michael Gove said it was "absolutely vital that we deal with this scourge".

Following the government announcement, West Midlands Police and Crime Commissioner, Simon Foster said: “I would absolutely welcome increased regulation of the production, sale and possession of Nitrous Oxide, but now I await the delivery of this legislation as a matter of urgency.

“It is a topic which I have highlighted at my monthly Strategic Policing and Crime Board, with the reported increase in the admissions of patients to hospitals in the West Midlands, as a consequence of the misuse of Nitrous Oxide for recreational purposes, a matter of serious concern."

We have asked West Midlands Police to respond the the petition launched by Dr Nicholl, and await their response.

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