Power to enter premises without warrant
137.Paragraph 4 of schedule 2 enables Trading Standards officers to visit any premises which aren’t used as a private dwelling for the purposes of checking whether an offence is being committed under section 5 or 22. This is broader than the powers of entry conferred in relation to test purchases or observing business as the premises in question don’t have to be open to members of the public. For example, it may be appropriate to visit premises such as warehouses where fireworks are stored or an office where records relating to sales are kept.
138.In most cases, the officers will notify the occupiers of the premises that they are coming to carry out a routine inspection. This is done by giving notice in writing at least two working days between the date of receipt of the notice and the inspection. The manner in which notice may be given is regulated by section 26 of the Interpretation and Legislative Reform (Scotland) Act 2010.
139.However, where the officer believes that an offence may be being committed or that giving notice would defeat the purpose of the inspection, the officer can enter the premises without giving notice. They may not use force to take entry if it is refused, but the person refusing entry may commit an offence under section 42 (obstructing an officer of a local weights and measures authority).
140.Where the premises are occupied, the officer must produce evidence of their identity and provide a document setting out why entry is necessary and indicating the nature of the offence of obstructing the officer.
