Licensing Act 2003

179Rights of entry to investigate licensable activitiesE+W

This section has no associated Explanatory Notes

(1)Where a constable or an authorised person has reason to believe that any premises are being, or are about to be, used for a licensable activity, he may enter the premises with a view to seeing whether the activity is being, or is to be, carried on under and in accordance with an authorisation.

[F1(1A)Where an immigration officer has reason to believe that any premises are being used for a licensable activity within section 1(1)(a) or (d), the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of the activity.]

(2)An authorised person [F2or an immigration officer] exercising [F3a power] conferred by this section must, if so requested, produce evidence of his authority to exercise the power.

(3)A person exercising [F4a power] conferred by this section may, if necessary, use reasonable force.

(4)A person commits an offence if he intentionally obstructs an authorised person [F5or an immigration officer] exercising a power conferred by this section.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)In this section—

  • “authorisation” means—

    (a)

    a premises licence,

    (b)

    a club premises certificate, or

    (c)

    a temporary event notice in respect of which the conditions of section 98(2) to (4) are satisfied; F6...

  • “authorised person” means an authorised person within the meaning of Part 3 or 4 or an authorised officer within the meaning of section 108(5).

  • [F7“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.]

(7)Nothing in this section applies in relation to premises in respect of which there is a club premises certificate but no other authorisation.

Textual Amendments

F4Words in s. 179(3) substituted (6.4.2017) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 22(4); S.I. 2017/380, reg. 2(b)

F6Word in s. 179(6) omitted (6.4.2017) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 4 para. 22(6)(a); S.I. 2017/380, reg. 2(b)