C1C2C4C5C6 Part I Licensing—General Provisions
Pt. 1 applied (with modifications) (7.6.2000) by S.S.I. 2000/177, art. 4, Sch. (as amended (1.10.2003) by S.S.I. 2003/463, art. 6)
Pt. 1 applied (with modifications) (2.2.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (S.S.I. 2006/43), arts. 1(1), 3, sch.
Pt. 1 applied (with modifications) (3.4.2009) by The Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 (S.S.I. 2009/145), arts. 1(1), 3, sch.
Pt. 1 modified (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. 1, 5 (with reg. 3)
5 Rights of entry and inspection.
1
Without prejudice to any other provision of this Act, an authorised officer of the licensing authority F7, 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 F14or 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 F8, an authorised civilian employee or an authorised officer of a licensing authority F3... 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 F9 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 F8, an authorised civilian employee or an authorised officer of the licensing authority F4... , fails without reasonable excuse to produce any equipment, plant, apparatus or stock-in-trade or to permit a constable or such an F9 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 F10, an authorised civilian employee or an authorised officer of the licensing authority F5... , 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 F1level 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 F1level 1 on the standard scale.
6
An authorised officer of a licensing authority F13 or authorised civilian employee F6... 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.
Pt. 1 modified (3.6.1991) by S.I. 1991/1253, art. 3(2), Sch. (which S.I. was revoked (7.6.2000) by S.S.I. 2000/177, art. 9)