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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

15Powers of entry and inspection

This section has no associated Explanatory Notes

(1)A Licensing Standards Officer for a council area may, for the purpose of determining whether the activities being carried on in any licensed premises in the area are being carried on in accordance with—

(a)the premises licence or, as the case may be, occasional licence in respect of the premises, and

(b)any other requirements of this Act,

exercise the powers specified in subsection (2).

(2)The powers referred to subsection (1) are—

(a)power to enter the premises at any time for the purpose of exercising the power specified in paragraph (b), and

(b)power to carry out such inspection of the premises and of any substances, articles or documents found there as the Officer thinks necessary.

(3)Where a Licensing Standards Officer exercises either of those powers in relation to any licensed premises, the persons specified in subsection (4) must—

(a)give the Officer such assistance,

(b)provide the Officer with such information, and

(c)produce to the Officer such documents,

as the Officer may reasonably require.

(4)The persons referred to in subsection (3) are—

(a)the holder of the premises licence or, as the case may be, occasional licence in respect of the premises,

(b)in the case of licensed premises in respect of which a premises licence has effect, the premises manager, and

(c)in any case, any person working on the premises at the time the Officer is exercising the power.

(5)A person who—

(a)intentionally obstructs a Licensing Standards Officer in the exercise of any power under subsection (2), or

(b)refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (3),

commits an offence.

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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