§ 70 — Powers of entry, etc., at premises

70.—(1) A Licensing Officer, an authorised officer or a compliance officer may, in accordance with subsection (2), enter without using force any premises occupied by a relevant person which the Licensing Officer, authorised officer or compliance officer (as the case may be) reasonably believes to be used for or in connection with the carrying on of any regulated activity, and do all or any of the following at the premises:(a)

to examine any thing or observe any activity conducted in or on the premises;

(b)

to inspect the premises and any thing in or on the premises;

(c)

to make a still or moving image or recording of the premises and any thing in or on the premises;

(d)

to inspect any document in the premises and take extracts from, or make copies of, any such document;

(e)

to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

(f)

to operate electronic equipment in or on the premises;

(g)

to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the Licensing Officer, authorised officer or compliance officer (as the case may be) reasonably requires for any of the purposes of section 69(1).

(2) A Licensing Officer, an authorised officer or a compliance officer may enter any premises which are not a place on or at which a licensee or class licensee carries on a regulated activity, or carries out any activity in connection with the provision of that regulated activity, to exercise any of the powers in subsection (1), only with the consent of the occupier of those premises.

(3) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(4) The power to require an individual to provide any document or information under subsection (1)(g) includes the power —(a)

to require that individual to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the Licensing Officer, authorised officer or compliance officer concerned in legible form.

(5) In this section, “relevant person” means —(a)

a person to whom a licence is granted for any regulated activity;

(b)

a person who is a class licensee for any regulated activity;

(c)

an individual who is or was an officer or a representative staff of a person mentioned in paragraph (a) or (b);

(d)

an individual who is or was an employee of a person mentioned in paragraph (a) or (b) with respect to that regulated activity; or

(e)

a person whom a Licensing Officer, an authorised officer or a compliance officer suspects on reasonable grounds is or was carrying on regulated activity, or an agent of a person who is or was carrying on regulated activity.

—(1) A Licensing Officer, an authorised officer or a compliance officer may, in accordance with subsection (2), enter without using force any premises occupied by a relevant person which the Licensing Officer, authorised officer or compliance officer (as the case may be) reasonably believes to be used for or in connection with the carrying on of any regulated activity, and do all or any of the following at the premises:(a)

to examine any thing or observe any activity conducted in or on the premises;

(b)

to inspect the premises and any thing in or on the premises;

(c)

to make a still or moving image or recording of the premises and any thing in or on the premises;

(d)

to inspect any document in the premises and take extracts from, or make copies of, any such document;

(e)

to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

(f)

to operate electronic equipment in or on the premises;

(g)

to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the Licensing Officer, authorised officer or compliance officer (as the case may be) reasonably requires for any of the purposes of section 69(1).

(2) A Licensing Officer, an authorised officer or a compliance officer may enter any premises which are not a place on or at which a licensee or class licensee carries on a regulated activity, or carries out any activity in connection with the provision of that regulated activity, to exercise any of the powers in subsection (1), only with the consent of the occupier of those premises.

(3) The power under subsection (1)(f) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(4) The power to require an individual to provide any document or information under subsection (1)(g) includes the power —(a)

to require that individual to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the Licensing Officer, authorised officer or compliance officer concerned in legible form.

(5) In this section, “relevant person” means —(a)

a person to whom a licence is granted for any regulated activity;

(b)

a person who is a class licensee for any regulated activity;

(c)

an individual who is or was an officer or a representative staff of a person mentioned in paragraph (a) or (b);

(d)

an individual who is or was an employee of a person mentioned in paragraph (a) or (b) with respect to that regulated activity; or

(e)

a person whom a Licensing Officer, an authorised officer or a compliance officer suspects on reasonable grounds is or was carrying on regulated activity, or an agent of a person who is or was carrying on regulated activity.