Licensing Act 1964 (repealed)

187 Search warrant. E+W

(1) If a justice of the peace is satisfied by information on oath that there is reasonable ground for believing that any intoxicating liquor is sold by retail or exposed or kept for sale by retail at any place in the [F1 commission area]for which he is justice, being a place where that liquor may not lawfully be sold by retail, he may issue a search warrant under his hand to a constable authorising him at any time or times within one month from the date of the warrant to enter that place, which shall be named in the warrant, by force if need be, and search the place for intoxicating liquor and seize and remove any intoxicating liquor that the constable has reasonable grounds for supposing to be in the place for the purpose of unlawful sale there or elsewhere, and the vessels containing the liquor.

(2) If the owner or occupier of the place from which any intoxicating liquor has been removed under the preceding subsection is convicted of selling by retail, or of exposing for sale by retail, any intoxicating liquor that he is not authorised to sell by retail, or is convicted of having in his possession intoxicating liquor that he is not authorised to sell, any intoxicating liquor so removed, and the vessels containing it, shall be forfeited.

(3) Where a constable seizes any intoxicating liquor in pursuance of a warrant issued under this section, any person found in the place shall, unless he proves that he is there for a lawful purpose, be liable to a fine not exceeding [F2 level 1 on the standard scale].

(4) Where a constable seizes any liquor as aforesaid, and any person so found, on being asked by a constable for his name and address—

(a) refuses to give them, or

(b) gives a false name or address, or

(c) gives a name or address that the constable has reasonable grounds for thinking to be false, and refuses to answer satisfactorily any questions put by the constable to ascertain the correctness of the name or address given,

he shall be liable to a fine not exceeding [F2 level 1 on the standard scale].

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 Words in s. 187(1) substituted (27.9.1999) by 1999 c. 22, ss. 76, Sch. 10 paras. 23, 26 (with s. 107, Sch. 14 para. 7(2))

F2 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F3 S. 187(5) repealed by Police and Criminal Evidence Act 1984 (c. 66, SIF 95, 47), s. 119, Sch. 7 Pt. I

Modifications etc. (not altering text)

C1 S. 187(1) amended (E.)(1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. II para. 5(2)(m)

S. 187(1) amended (W.)(1.4.1996) by S.I. 1996/675, art. 2, Sch Pt. II, para. 7(2)(m)