PART 3REGULATION OF VISITOR ACCOMMODATION

CHAPTER 2LICENSING

Enforcement‍

31Warrant to enter and inspect premises for enforcement purposes

(1)

This section applies if a justice of the peace is satisfied on sworn information in writing—

(a)

where the premises are premises in relation to which a licence has been granted—

(i)

that there are reasonable grounds for entering the premises for‍ the purpose of determining whether any of the circumstances mentioned in section 30(1)(b) have arisen, and

(ii)

that admission to the premises has been refused or a refusal is reasonably expected or that giving notice to the VAP of an authorised person’s intention to enter the premises is likely to defeat the purpose of the entry, or

(b)

where the premises are not premises in relation to which a visitor accommodation licence has been granted, that there are reasonable grounds to believe that the premises are (or have been) used as a place a‍t which regulated visitor accommodation is (or has been) offered or provided.

(2)

For the purposes of subsection (1)(a)(ii), admission to premises is to be treated as having been refused if no reply is received to a request for admission within a reasonable period.

(3)

The justice of the peace may issue a warrant conferring a power to enter the premises on an authorised person.

(4)

A warrant under this section confers a power to enter premises—

(a)

on one occasion only, and

(b)

only at a reasonable time, unless the case is one of urgency.

(5)

A person authorised to enter premises under a warrant—

(a)

before entering premises under the warrant, must, if asked to do so—

(i)

show evidence of the person’s authorisation‍ by the Welsh Ministers;

(ii)

produce the warrant;

(iii)

state the purpose of the entry;

(b)

may take with them such other persons and equipment as the person considers appropriate;

(c)

may inspect, copy or take away documents found on the premises, other than any documents belonging to a visitor who is residing at the premises.

(6)

In subsection (5)(c), references to—

(a)

documents include information recorded in any form;

(b)

documents found on the premises include—

(i)

documents stored on computers or electronic storage devices on the premises, and

(ii)

documents stored elsewhere that can be accessed by computers on the premises.

(7)

The power conferred by subsection (5)(c) includes power—‍

(a)

to impose requirements as to the form in which documents are provided (which may include requirements to provide legible copies of documents stored electronically);

(b)

to inspect a computer or other electronic storage device (other than a device belonging to a visitor) on which documents have been created or stored.

(8)

A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.