PART 4Investigatory and Enforcement Powers
Power to enter premises without warrant21
1
An officer may enter premises at any reasonable time.
2
Paragraph (1) does not authorise the entry into premises used wholly or mainly as a dwelling.
3
In the case of a routine inspection, the power of entry in paragraph (1) may only be exercised if a notice has been served on the occupier of the premises in accordance with the requirements in paragraph (4), unless paragraph (5) applies.
4
Those requirements are that—
a
the notice is in writing and is given by an officer,
b
the notice sets out why the entry is necessary, and
c
there are at least two working days between the date of receipt of the notice and the date of entry.
5
A notice need not be served if the occupier has waived the requirement to give notice.
6
In this regulation—
a
“routine inspection” means an exercise of the power in paragraph (1) other than where—
i
the officer reasonably considers a breach of regulation 4 or a licence condition is about to take place, is taking place or has taken place on the premises,
ii
the officer reasonably considers that to serve notice in accordance with that paragraph would defeat the purpose of the entry, or
iii
it is not reasonably practicable in all the circumstances to serve notice in accordance with that paragraph, in particular because the officer reasonably considers that there is an imminent risk to public safety;
b
“working day” means a day other than—
i
Saturday or Sunday,
ii
Christmas Day or Good Friday, or
iii
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the premises are situated.
7
If an officer enters premises under paragraph (1) otherwise than in the course of a routine inspection, and finds one or more occupiers on the premises, the officer must provide to that occupier or (if there is more than one) to at least one of them a document that sets out why the entry is necessary.
8
If an officer enters premises under paragraph (1) and finds one or more occupiers on the premises, the officer must produce evidence of the officer’s identity and authority to that occupier or (if there is more than one) to at least one of them.
9
An officer need not comply with paragraph (7) or (8) if it is not reasonably practicable to do so.
10
Proceedings resulting from the exercise of the power under paragraph (1) are not invalid merely because of a failure to comply with paragraph (7) or (8).
11
An officer entering premises under paragraph (1) may be accompanied by such persons, and may take onto the premises such equipment as the officer thinks necessary.