Civic Government (Scotland) Act 1982

Changes over time for: Section 5

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Point in time view as at 01/11/2016.

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Civic Government (Scotland) Act 1982, Section 5 is up to date with all changes known to be in force on or before 04 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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5 Rights of entry and inspection.S

(1)Without prejudice to any other provision of this Act, an authorised officer of the licensing authority [F1, an authorised civilian employee ] F2... or a constable may, for the purposes specified in subsection (2) below, at any reasonable time—

(a)enter and inspect any premises, vehicle or vessel used or to be used for an activity in relation to which a licence is in force or has been applied for under this Act;

(b)require production of and inspect any equipment, plant, apparatus or stock-in-trade which is or is to be kept or used in connection with any such activity;

(c)require production of and inspect any records or other documents required by or under this Part or Part II of this Act to be kept by the holder of the licence and take copies of or extracts from any such record or document.

(2)The purposes referred to in subsection (1) above are—

(a)where a licence is in force—

(i)seeing whether the terms of the licence are being complied with and, if they are not, obtaining information in respect of such non-compliance;

(ii)obtaining information relevant to the question whether the terms of the licence should be varied under paragraph 10 of Schedule 1 to this Act or whether the licence should be renewed or, under paragraph 11 or 12 of that Schedule, suspended [F3or revoked] ; or

(b)where the grant of a licence has been applied for, obtaining information relevant to the question whether the application should be granted.

(3)Any person who—

(a)being a person for the time being in charge of any premises, vehicle or vessel, fails without reasonable excuse to permit a constable [F4, an authorised civilian employee ] or an authorised officer of a licensing authority F5... who, in pursuance of subsection (1) above, demands to do so to enter or inspect the premises, vehicle or vessel or obstructs the entry thereto of a constable or such an [F6 employee or ] officer, in pursuance of that subsection;

(b)being a person in respect of whom powers are exercised under subsection (1) above, on being required under that subsection to do so by a constable [F4, an authorised civilian employee ] or an authorised officer of the licensing authority F7... , fails without reasonable excuse to produce any equipment, plant, apparatus or stock-in-trade or to permit a constable or such an [F6 employee or ] officer, in pursuance of that subsection, to inspect any equipment, plant, apparatus or stock-in-trade;

(c)being a holder of a licence, on being required by a constable [F8, an authorised civilian employee ] or an authorised officer of the licensing authority F9... , in pursuance of subsection (1) above, to produce any records or other document required by or under this Part or Part II of this Act to be kept by the holder of a licence, fails without reasonable excuse to produce them;

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F10level 3 on the standard scale].

(4)An authorised officer of a licensing authority [F11, an authorised civilian employee ] or a constable may require any person who the officer [F12, employee ] or constable has reasonable ground to believe is carrying on an activity which requires to be licensed to produce his licence within 5 days of being required to do so.

(5)Any person who, having been required under subsection (4) above to produce a licence, fails without reasonable excuse to do so within the period of 5 days specified in that subsection shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F10level 1 on the standard scale].

(6)An authorised officer of a licensing authority [F13 or authorised civilian employee ] F14... shall not be entitled to exercise the powers which he may exercise under subsection (1) or (4) above until he has produced his authorisation—

(a)in relation to the exercise of powers under subsection (1)(a) above, to the person for the time being in charge of the premises, vehicle or vessel; and

(b)in any other case, to the person in respect of whom the powers are to be exercised.

(7)A constable who is not in uniform shall not be entitled to exercise the powers which he may exercise under subsection (1) or (4) above until he has produced his identification—

(a)in relation to the exercise of powers under subsection (1)(a) above, to the person for the time being in charge of the premises, vehicle or vessel; and

(b)in any other case, to the person in respect of whom the powers are to be exercised.

Textual Amendments

F1Words in s. 5(1) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 173(2)(a), 206(1); S.S.I. 2010/413, art. 2, sch.

F2Words in s. 5(1) repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 2

F3Words in s. 5(2)(a)(ii) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(2), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F4Words in s. 5(3)(a)(b) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 173(2)(b)(i), 206(1); S.S.I. 2010/413, art. 2, sch.; S.S.I. 2010/413, art. 2, sch.

F5Words in s. 5(3)(a) repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 2

F6Words in s. 5(3)(a)(b) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 173(2)(b)(ii), 206(1); S.S.I. 2010/413, art. 2, sch.; S.S.I. 2010/413, art. 2, sch.

F7Words in s. 5(3)(b) repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 2

F8Words in s. 5(3)(c) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 173(2)(c), 206(1); S.S.I. 2010/413, art. 2, sch.

F9Words in s. 5(3)(c) repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 2

F10Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G