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Licensing (Scotland) Act 2005

Licensing (Scotland) Act 2005

2005 asp 16

Commentary on Parts

Part 9 – Miscellaneous and General

Section 138 – Police powers of entry

281.This section provides that a constable has a lawful right of entry to any licensed premises and to any other premises on which the constable has reason to believe alcohol is being sold in breach of section 1(1) of the Act

282.Subsection (4) establishes the conditions under which a police officer below the rank of inspector may enter the premises.

283.Subsection (5) makes it an offence for anyone to obstruct the police in the carrying out of their functions under this section.

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Text created by the Scottish Government 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.

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