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Licensing Act 2003

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Licensing Act 2003, Section 96 is up to date with all changes known to be in force on or before 18 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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96Inspection of premises before grant of certificate etc.E+W

This section has no associated Explanatory Notes

(1)Subsection (2) applies where—

(a)a club applies for a club premises certificate in respect of any premises,

(b)a club applies under section 84 for the variation of a club premises certificate held by it, or

(c)an application is made under section 87 for review of a club premises certificate.

(2)On production of his authority—

(a)an authorised person, or

(b)a constable authorised by the chief officer of police,

may enter and inspect the premises.

(3)Any entry and inspection under this section must take place at a reasonable time on a day—

(a)which is not more than 14 days after the making of the application in question, and

(b)which is specified in the notice required by subsection (4).

(4)Before an authorised person or constable enters and inspects any premises under this section, at least 48 hours' notice must be given to the club.

(5)Any person obstructing an authorised person in the exercise of the power conferred by this section commits an offence.

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7)The relevant licensing authority may, on the application of a responsible authority, extend by not more than 7 days the time allowed for carrying out an entry and inspection under this section.

(8)The relevant licensing authority may allow such an extension of time only if it appears to the authority that—

(a)reasonable steps had been taken for an authorised person or constable authorised by the applicant to inspect the premises in good time, but

(b)it was not possible for the inspection to take place within the time allowed.

Commencement Information

I1S. 96(1)(a)(2)-(8) in force at 7.2.2005 and s. 96(1)(b) in force for certain purposes at 7.2.2005 and 24.11.2005 otherwise by S.I. 2004/2360, art. 2, Sch.; S.I. 2005/3056, art. 2 (with Sch.)

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