Part 15 E+W+SInspection

Kinds of inspectionE+W+S

Valid from 01/09/2007

306Suspected offenceE+W+S

(1)A constable or enforcement officer may enter premises if he reasonably suspects that an offence under this Act may be—

(a)being committed on the premises, or

(b)about to be committed on the premises.

(2)A justice of the peace may on the application of a constable or enforcement officer issue a warrant authorising a constable or enforcement officer to enter premises if the justice of the peace is satisfied—

(a)that there are reasonable grounds for suspecting that an offence under this Act has been committed on the premises,

(b)that there are reasonable grounds for suspecting that evidence of the commission of the offence may be found on the premises, and

(c)that at least one of the conditions in subsection (3) is satisfied.

(3)Those conditions are—

(a)that admission to the premises has been refused,

(b)that admission to the premises is likely to be refused unless a warrant is produced,

(c)that the purpose of entry may be frustrated or seriously prejudiced unless a constable or enforcement officer arriving at the premises can secure immediate entry, and

(d)that there is likely to be nobody at the premises capable of granting admission.

(4)A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—

(a)that notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, or

(b)that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).

(5)A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.

(6)In the application of this section to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.

309Family entertainment centresE+W+S

(1)A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a family entertainment centre gaming machine permit for a purpose connected with the consideration of the application.

(2)A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a family entertainment centre gaming machine permit has effect for the purpose of determining whether the gaming machines used on the premises, and the arrangements for their use, comply with the requirements of this Act and regulations under it.

Commencement Information

I1S. 309(1) in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

310Premises licensed for alcoholE+W+S

(1)An enforcement officer or an authorised local authority officer may enter premises in respect of which an application has been made under Schedule 13 for a purpose connected with the consideration of the application.

(2)A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an on-premises alcohol licence has effect for the purpose of—

(a)determining whether gaming carried on satisfies the conditions in section 279;

(b)in the case of bingo played on the premises, determining—

(i)whether the terms and conditions of any relevant operating licence are being complied with;

(ii)whether section 281 applies;

(c)ascertaining the number and category of gaming machines being made available for use on the premises.

Commencement Information

I2S. 310(1) in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I3S. 310(1) in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

311Prize gaming permitE+W+S

(1)A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a prize gaming permit for a purpose connected with the consideration of the application.

(2)A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a prize gaming permit has effect for the purposes of determining whether prize gaming on the premises complies with the requirements of this Act and regulations under it.

Commencement Information

I4S. 311(1) in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

312ClubsE+W+S

(1)A constable or enforcement officer may enter premises to which this section applies for a purpose specified in subsection (3).

(2)This section applies to premises which a constable or enforcement officer reasonably believes to be used by a members' club, a commercial club or a miners' welfare institute.

(3)The purposes mentioned in subsection (1) are—

(a)to determine whether gaming is taking place on the premises or is about to take place on the premises,

(b)to determine whether any gaming that is taking place or is about to take place on the premises is in accordance with—

(i)section 269,

(ii)a club gaming permit, or

(iii)a club machine permit.

(4)An authorised local authority officer may enter premises in respect of which an application has been made for a club gaming permit or a club machine permit for a purpose connected with the consideration of the application.

Commencement Information

I5S. 312(4) in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I6S. 312(4) in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

313Licensed premisesE+W+S

(1)A constable, enforcement officer or authorised person may enter premises in respect of which an application for a premises licence has been made to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the premises licence.

(2)A constable, enforcement officer or authorised person may enter premises in respect of which a premises licence has effect for a purpose connected with a review under section 201.