PART 3TOBACCO AND NICOTINE PRODUCTS
CHAPTER 1SMOKING
Enforcement
I121Warrant to enter other premises
1
A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing—
a
that there are reasonable grounds for believing that an offence under section 5, 6 or 17 has been committed at the premises,
b
that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and
c
that a requirement set out in subsection (3) or (4) is met.
2
The justice may issue a warrant authorising an authorised officer to enter the premises, if need be by force.
3
The requirement is that—
a
a request to enter the premises has been, or is likely to be, refused, and
b
notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the enforcement authority to be concerned in the management of the premises.
4
The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry.
5
The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.
6
This section applies to a vehicle as if it were premises.