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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

138Police powers of entry

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(1)A constable may at any time enter and inspect any licensed premises.

(2)A constable may—

(a)if the condition in subsection (3) is satisfied, and

(b)subject to subsection (4),

at any time enter and inspect any premises (other than licensed premises) on which food or drink is sold for consumption on the premises.

(3)The condition referred to in subsection (2)(a) is that the constable has reasonable grounds for believing that alcohol is being sold on the premises in breach of section 1(1).

(4)A constable below the rank of inspector may exercise the power conferred by subsection (2) only—

(a)if the constable has obtained written authority to do so from a justice of the peace or a constable of or above the rank of inspector,

(b)within the period of 8 days beginning with the date on which such authority is obtained, and

(c)at such time or times as is specified in the authority.

(5)A person who intentionally obstructs a constable exercising a power conferred by this section commits an offence.

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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