Search Legislation

Licensing (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

15Powers of entry and inspection

This section has no associated Explanatory Notes

(1)A Licensing Standards Officer for a council area may, for the purpose of determining whether the activities being carried on in any licensed premises in the area are being carried on in accordance with—

(a)the premises licence or, as the case may be, occasional licence in respect of the premises, and

(b)any other requirements of this Act,

exercise the powers specified in subsection (2).

(2)The powers referred to subsection (1) are—

(a)power to enter the premises at any time for the purpose of exercising the power specified in paragraph (b), and

(b)power to carry out such inspection of the premises and of any substances, articles or documents found there as the Officer thinks necessary.

(3)Where a Licensing Standards Officer exercises either of those powers in relation to any licensed premises, the persons specified in subsection (4) must—

(a)give the Officer such assistance,

(b)provide the Officer with such information, and

(c)produce to the Officer such documents,

as the Officer may reasonably require.

(4)The persons referred to in subsection (3) are—

(a)the holder of the premises licence or, as the case may be, occasional licence in respect of the premises,

(b)in the case of licensed premises in respect of which a premises licence has effect, the premises manager, and

(c)in any case, any person working on the premises at the time the Officer is exercising the power.

(5)A person who—

(a)intentionally obstructs a Licensing Standards Officer in the exercise of any power under subsection (2), or

(b)refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (3),

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources