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(1) | A constable or enforcement officer may enter premises to which this section |
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applies for a purpose specified in subsection (3). |
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(2) | This section applies to premises which a constable or enforcement officer |
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reasonably believes to be used by a members’ club, a commercial club or a |
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miners’ welfare institute. |
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(3) | The purposes mentioned in subsection (1) are— |
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(a) | to determine whether gaming is taking place on the premises or is |
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about to take place on the premises, |
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(b) | to determine whether any gaming that is taking place or is about to take |
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place on the premises is in accordance with— |
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(ii) | a club gaming permit, or |
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(iii) | a club machine permit. |
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(4) | An authorised local authority officer may enter premises in respect of which an |
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application has been made for a club gaming permit or a club machine permit |
| |
for a purpose connected with the consideration of the application. |
| |
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(1) | A constable, enforcement officer or authorised person may enter premises in |
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respect of which an application for a premises licence has been made to assess, |
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having regard to the licensing objectives, the likely effects of activity carried on |
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in reliance on the premises licence. |
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(2) | A constable, enforcement officer or authorised person may enter premises in |
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respect of which a premises licence has effect for a purpose connected with a |
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review under section 192. |
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302 | Lotteries: registered societies |
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Where a society is registered with a local authority in accordance with Part 5 of |
| |
Schedule 11, 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. |
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A constable, enforcement officer or authorised person may enter premises in |
| |
respect of which a temporary use notice has effect to determine whether an |
| |
activity of a kind listed in section 36(1) is being carried on otherwise than in |
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accordance with the temporary use notice. |
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304 | Authorisations: production on demand |
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(1) | A constable or enforcement officer may require the holder of an operating |
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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 91(2) or (3) or 92(2). |
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(2) | While a person is holding himself out as willing to accept bets on behalf of the |
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holder of an operating licence in accordance with section 91(2) or (3) or 92(2), a |
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| |
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|
| |
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constable or enforcement officer may require the person to produce a copy of |
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his authorisation under that section— |
| |
(a) | within a specified period, or |
| |
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(3) | A constable or enforcement officer may require the holder of a casino premises |
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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 |
| |
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(4) | While a person is carrying on an activity in reliance on an authorisation under |
| |
section 169(3), a constable or enforcement officer may require the person to |
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produce a copy of his authorisation under that section— |
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(a) | within a specified period, or |
| |
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(5) | A person commits an offence if he fails without reasonable excuse to comply |
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with a requirement imposed under this section. |
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(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. |
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| |
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(1) | A constable, enforcement officer or authorised person exercising a power |
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under or by virtue of this Part to enter premises may— |
| |
(a) | inspect any part of the premises and any machine or other thing on the |
| |
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(b) | question any person on the premises; |
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(c) | require access to any written or electronic record which is kept on the |
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(d) | require to be supplied with a copy, in such form as he directs, of an |
| |
entry in a written or electronic record which is kept on the premises; |
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(e) | remove and retain anything if he reasonably believes that it constitutes |
| |
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(i) | the commission of an offence under this Act, or |
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(ii) | the breach of a term or condition of a licence issued under this |
| |
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(f) | remove and retain anything if he reasonably believes that it is being |
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used or has been used in the commission of an offence under this Act. |
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(2) | The Secretary of State may by regulations make provision about the treatment |
| |
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(a) | copies supplied under subsection (1)(d), and |
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(b) | things removed under subsection (1)(e) or (f). |
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(3) | Regulations under subsection (2) may, in particular, make provision— |
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(a) | about the retention, use, return, disposal or destruction of anything |
| |
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(b) | conferring a right of appeal. |
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| |
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|
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(4) | The Secretary of State may by regulations make provision about the procedure |
| |
to be followed in the exercise of a power under this section. |
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(5) | Nothing in this Part authorises action to be taken in respect of anything of a |
| |
kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 |
| |
(c. 60) (legally privileged material, &c.). |
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(6) | A person exercising a power under or by virtue of this Part shall have regard |
| |
to any relevant provision of a code of practice under that Act (and guidance |
| |
under section 25 may refer to a provision of a code). |
| |
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(1) | A power under this Part to enter premises without a warrant does not apply in |
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| |
(2) | A justice of the peace may on the application of a constable, enforcement officer |
| |
or authorised person issue a warrant authorising a constable, enforcement |
| |
officer or authorised person to enter premises if the justice of the peace is |
| |
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(a) | that, but for subsection (1), a constable, enforcement officer or |
| |
authorised person would be able to enter the premises without a |
| |
warrant in reliance on a provision of this Part, and |
| |
(b) | that at least one of the conditions in subsection (3) is satisfied. |
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(3) | Those conditions are— |
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(a) | that admission to the premises has been refused, |
| |
(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, enforcement officer or authorised person arriving at |
| 25 |
the premises can secure immediate entry, and |
| |
(d) | that there is likely to be nobody at the premises capable of granting |
| |
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(4) | A warrant may be granted in reliance on subsection (3)(a) or (b) only if the |
| |
justice of the peace is satisfied— |
| 30 |
(a) | that notice has been given to a person occupying the premises, or |
| |
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). |
| 35 |
(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. |
| |
| |
(1) | A constable, enforcement officer or authorised person exercising a power of |
| |
entry under or by virtue of this Part may exercise a power under section |
| 40 |
305(1)(c) to (e) in relation to records (whether written or electronic) only if the |
| |
records relate entirely to the matters to which the power of entry relates. |
| |
(2) | A justice of the peace may on the application of a constable, enforcement officer |
| |
or authorised person issue a warrant disapplying subsection (1) to a specified |
| |
extent if the justice of the peace is satisfied that the disapplication is necessary. |
| 45 |
| |
| |
|
| |
| |
(3) | A warrant may be granted under subsection (2) only if the justice of the peace |
| |
| |
(a) | that notice has been given to a person in control of the records of intent |
| |
to apply for a warrant, or |
| |
(b) | that the purpose of exercising the power of entry may be frustrated or |
| 5 |
seriously prejudiced by the giving of notice under paragraph (a). |
| |
(4) | 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. |
| |
| |
A power under or by virtue of this Part may be exercised only at a reasonable |
| 10 |
| |
309 | Evidence of authorisation |
| |
An enforcement officer or authorised person seeking to exercise a power under |
| |
or by virtue of this Part must produce evidence of his identity and authority to |
| |
a person (if there is one) who appears to the enforcement officer or authorised |
| 15 |
person to be occupying the relevant premises or to have responsibility for their |
| |
| |
| |
(1) | The Secretary of State shall make regulations requiring a person who exercises |
| |
a power under or by virtue of this Part to provide information about the power |
| 20 |
| |
(2) | Regulations under subsection (1) shall, in particular, make provision about— |
| |
(a) | the information to be provided (which may include ancillary |
| |
information about a provision of this Act or another enactment or about |
| |
| 25 |
(b) | the form and manner in which the information is to be provided; |
| |
(c) | the person to whom, or the place at which, the information is to be |
| |
provided (which may, in particular, include provision for the supply of |
| |
a copy if requested by a person within a specified class); |
| |
| 30 |
(3) | A constable, enforcement officer or authorised person exercising a power |
| |
under or by virtue of this Part shall comply with any relevant provision of |
| |
regulations under this section. |
| |
| |
(1) | A constable may use reasonable force for the purpose of entering premises in |
| 35 |
pursuance of a power under or by virtue of this Part. |
| |
(2) | An enforcement officer may use reasonable force for the purpose of entering |
| |
premises in pursuance of a power under or by virtue of section 295 or 296. |
| |
(3) | An authorised person may use reasonable force for the purpose of entering |
| |
premises in pursuance of a power under section 296. |
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