CHESHIRE West and Chester Council has urged the Home Secretary to end the legal ‘nightmare’ of local authorities apparently powerless to protect vulnerable youngsters against ‘legal highs’.

Council leader Mike Jones expressed ‘grave concerns’ over the lack of legislation preventing the sale of chemical substances creating similar effects to controlled drugs.

Their action was taken as lawyers considered an appeal against the unsuccessful prosecution of the proprietor of a chain of so-called ‘Hed Shops’ – including Dr Hermans in Chester’s Eastgate Row.

CWaC initiated the prosecution because a 17-year-old student was taken to hospital suffering convulsions after allegedly taking the substance Gogaine – bought on his behalf – along with alcohol, although this was not the subject of the charges.

District Judge Brigid Knight described the case as ‘an absolute nightmare for any prosecuting authority’ and called on Parliament to ban ‘legal highs’ or at least restrict their sale.

‘Legal highs’ are not covered by the Misuse of Drugs Act and after consultation with the Home Office, the council prosecuted Sean Alex Ellman and Salsa Enterprises Ltd, under the Consumer Protection from Unfair Trading Regulations, 2008 (CPUTR).

But Judge Knight struggled to see how the charge could fit in with CPUTR, the Medicines Act or the Chemicals (Hazard Information and Packaging or Supply) Regulations, 2009.

Cllr Jones, in a letter to the Home Secretary Theresa May, wrote: “Local authorities would seem to be powerless to prosecute within the existing law, unless taking these substances had resulted in death.

“We would entirely agree with Judge Knight and ask you to take urgent action to ensure our young people are protected against those who blatantly flout this loophole in our legal system.”