Inspection and rights of entryN.I.
Provision for inspection and rights of entryN.I.
180.—(1) For the purpose of ascertaining whether a contravention of this Order or of any regulations made under it is being or has been committed or whether any conditions which are applicable under this Order are being or have been complied with a constable may at any reasonable time—
(a)enter—
(i)any licensed office; or
(ii)any licensed track; or
(iii)any bingo club premises; or
(iv)any premises which belong to the holder of a gaming machine certificate; or
(v)any registered club; or
(vi)any licensed premises such as are mentioned in Article 108(1)(b); or
(vii)any premises for which an amusement permit is in force; or
(viii)any premises on which a constable has reason to believe an entertainment to which Article 126 applies or an exempt entertainment is being held; or
(ix)any travelling showmen's pleasure fair; or
(x)any office of a registered society; or
(xi)any premises for which a pleasure permit is in force; and
(b)inspect any premises mentioned in sub-paragraph (a) and any gaming machine, machine or other equipment or any book or document found on those premises; and
(c)upon production of a receipt, remove any such book or document for the purpose of having copies of it made or extracts taken from it; and
(d)ask of any person found on any premises mentioned in sub-paragraph (a) such reasonable questions in relation to the business carried on on those premises as he thinks proper.
(2) If the holder of any licence, certificate or permit held in respect of any premises mentioned in paragraph (1)(a), or any officer of the registered society or registered club, or any person organising the entertainment or exempt entertainment, as the case may require, or any person acting on behalf of any such holder, officer or person—
(a)fails without reasonable excuse to admit a constable who demands admission to the premises under paragraph (1); or
(b)on being required by a constable to do so, fails without reasonable excuse to permit the constable to inspect the premises or any gaming machine, machine or other equipment on those premises; or
(c)on being required by a constable to produce any book or document in his possession or under his control which relates to the premises and which the constable reasonably requires to inspect for the purpose specified in paragraph (1), fails without reasonable excuse to produce it to the constable and to permit the constable to remove the book or document for the purpose of taking copies of it or of any entry in it; or
(d)fails or refuses to answer to the best of his knowledge and ability any question asked of him by a constable in exercise of the power conferred by paragraph (1) or gives an answer to any such question which is to his knowledge false or misleading;
he shall be guilty of an offence.
(3) If, on complaint on oath, a justice of the peace is satisfied that there are reasonable grounds for suspecting that an offence under this Order is being, has been or is about to be committed on any premises, he may issue a warrant in writing authorising any constable to enter the premises, if necessary by force,F1. . . and to search the premises.
(4) Any constable who enters any premises under the authority of a warrant issued under paragraph (3) may—
(a)seize and remove any document, money or valuable thing, instrument or other thing whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Order, and
(b)F1. . . search any person found on the premises whom he has reasonable cause to believe to be committing or to have committed any such offence.
Para. (5) rep. by 1989 NI 12