|
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| |
| |
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(a) | “authorised person” has the meaning given by this section, and |
| |
(b) | a reference to an authorised local authority officer is a reference to a |
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person who is an authorised person by virtue of subsection (2). |
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(2) | An officer of a licensing authority is an authorised person for a purpose |
| |
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(a) | the premises are wholly or partly situated in the authority’s area, and |
| |
(b) | the officer is designated by the authority as an authorised person for the |
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purposes of this section. |
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(3) | An officer of an authority other than a licensing authority is an authorised |
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person for a purpose relating to premises if— |
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(a) | the authority has statutory functions, for an area in which the premises |
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are wholly or partly situated, in relation to minimising or preventing |
| |
the risk of pollution of the environment or of harm to human health, |
| 15 |
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(b) | the officer is authorised by the authority for the purpose of exercising |
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any of those statutory functions. |
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(4) | The following are authorised persons for purposes relating to any premises— |
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(a) | an inspector appointed under section 18 of the Fire Precautions Act |
| 20 |
1971 (c. 40) (enforcement), |
| |
(b) | an inspector appointed under section 19 of the Health and Safety at |
| |
Work etc. Act 1974 (c. 37) (inspectors), |
| |
(c) | an inspector or surveyor of ships appointed under section 256 of the |
| |
Merchant Shipping Act 1995 (c. 21) (enforcement), |
| 25 |
(d) | an officer of Her Majesty’s Commissioners of Customs and Excise |
| |
designated by them for the purposes of this section, and |
| |
(e) | a person who is within a class prescribed by the Secretary of State by |
| |
| |
| 30 |
| |
(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. |
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(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, |
| 40 |
(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, |
| 45 |
| |
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|
| |
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(b) | that admission to the premises is likely to be refused unless a warrant |
| |
| |
(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 |
| 5 |
(d) | that there is likely to be nobody at the premises capable of granting |
| |
| |
(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 |
| 10 |
having responsibility for their management, of intent to apply for a |
| |
| |
(b) | that the purpose of entry may be frustrated or seriously prejudiced by |
| |
the giving of notice under paragraph (a). |
| |
(5) | A constable or enforcement officer entering premises in reliance on a warrant |
| 15 |
under subsection (2) may take one or more persons with him. |
| |
(6) | 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. |
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288 | Inspection of gambling |
| |
(1) | A constable, enforcement officer or authorised person may enter premises to |
| 20 |
which this section applies for a purpose specified in subsection (3). |
| |
(2) | This section applies to premises if a constable, enforcement officer or |
| |
authorised person reasonably suspects that facilities for gambling other than |
| |
private and non-commercial gaming or betting may be being provided, may be |
| |
about to be provided or have been provided, on the premises. |
| 25 |
(3) | The purposes mentioned in subsection (1) are— |
| |
(a) | to discover whether facilities for gambling other than private and non- |
| |
commercial gaming or betting are being provided, are about to be |
| |
provided or have been provided on the premises, |
| |
(b) | to determine whether an operating licence or premises licence is held in |
| 30 |
respect of the provision of facilities for gambling on the premises, and |
| |
(c) | to determine whether facilities are being, will be or have been provided |
| |
in accordance with the terms and conditions of an operating licence or |
| |
| |
289 | Operating licence holders |
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(1) | A constable or enforcement officer may enter premises to which this section |
| |
applies for the purpose specified in subsection (3). |
| |
(2) | This section applies to premises which a constable or enforcement officer |
| |
reasonably believes to be used by the holder of an operating licence wholly or |
| |
partly for purposes connected with the licensed activities. |
| 40 |
(3) | The purpose mentioned in subsection (1) is to determine whether the licensed |
| |
activities are being carried on in accordance with the terms and conditions of |
| |
| |
| |
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|
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290 | Family entertainment centres |
| |
(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. |
| 5 |
(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. |
| 10 |
291 | Premises licensed for alcohol |
| |
(1) | An enforcement officer or an authorised local authority officer may enter |
| |
premises in respect of which an application has been made under section |
| |
267(2) for a purpose connected with the consideration of the application. |
| |
(2) | A constable, enforcement officer or authorised local authority officer may enter |
| 15 |
premises in respect of which an on-premises alcohol licence has effect for the |
| |
| |
(a) | determining whether gaming carried on satisfies the conditions in |
| |
| |
(b) | in the case of bingo played on the premises, determining— |
| 20 |
(i) | whether the terms and conditions of any relevant operating |
| |
licence are being complied with; |
| |
(ii) | whether section 266 applies; |
| |
(c) | ascertaining the number and category of gaming machines being made |
| |
available for use on the premises. |
| 25 |
| |
(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 |
| 30 |
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 |
| 35 |
place on the premises is in accordance with— |
| |
| |
(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 |
| 40 |
application has been made for a club gaming permit or a club machine permit |
| |
for a purpose connected with the consideration of the application. |
| |
| |
| |
|
| |
| |
| |
(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. |
| 5 |
(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 187. |
| |
294 | Lotteries: registered societies |
| |
Where a society is registered with a local authority in accordance with Part 5 of |
| 10 |
Schedule 9, an enforcement officer or an authorised local authority officer may |
| |
enter premises owned or used by the society for the purpose of making |
| |
inquiries in connection with a lottery promoted on behalf of the society. |
| |
| |
A constable, enforcement officer or authorised person may enter premises in |
| 15 |
respect of which a temporary use notice has effect to determine whether an |
| |
activity of a kind listed in section 34(1) is being carried on otherwise than in |
| |
accordance with the temporary use notice. |
| |
296 | Authorisations: production on demand |
| |
(1) | A constable or enforcement officer may require the holder of an operating |
| 20 |
licence to produce to the constable or enforcement officer within a specified |
| |
period a copy of any authorisation given by the holder of the licence under |
| |
section 88(2) or (3) or 89(2). |
| |
(2) | While a person is holding himself out as willing to accept bets on behalf of the |
| |
holder of an operating licence in accordance with section 88(2) or (3) or 89(2), a |
| 25 |
constable or enforcement officer may require the person to produce a copy of |
| |
his authorisation under that section— |
| |
(a) | within a specified period, or |
| |
| |
(3) | A constable or enforcement officer may require the holder of a casino premises |
| 30 |
licence to produce to the constable or enforcement officer within a specified |
| |
period a copy of any authorisation given by the holder of the licence under |
| |
| |
(4) | While a person is carrying on an activity in reliance on an authorisation under |
| |
section 165(3), a constable or enforcement officer may require the person to |
| 35 |
produce a copy of his authorisation under that section— |
| |
(a) | within a specified period, or |
| |
| |
(5) | A person commits an offence if he fails without reasonable excuse to comply |
| |
with a requirement imposed under this section. |
| 40 |
(6) | A person guilty of an offence under subsection (5) shall be liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
| |
| |
|
