Explanatory Notes

Licensing (Scotland) Act 2005

2005 asp 16

21 December 2005

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.