9Conditions for issue of warrant(1)

A sheriff or justice of the peace may grant a warrant under this section in relation to premises if satisfied—

(a)

that there are reasonable grounds for believing that—

(i)

an offence under section 2 or 3 has been or is being committed at the premises, or

(ii)

the premises have been or are being used in connection with an offence under section 2 or 3, and

(b)

condition A or condition B is satisfied.

(2)

Condition A is—

(a)

that admission to the premises has been refused or a refusal may be reasonably expected, or

(b)

that notice of the intention to seek a warrant has been given to the occupier of the premises, or the giving of such notice would frustrate the purpose for which the warrant is sought.

(3)

Condition B is—

(a)

that the premises are unoccupied, or

(b)

that the occupier of the premises is temporarily absent.