Part 9Miscellaneous and general

Miscellaneous

138Police powers of entry

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.