Rights of entry to investigate licensable activities
Section 179 of the Licensing Act 2003, titled “Rights of entry to investigate licensable activities” in England and Wales, outlines the legal framework for entry into premises by constables, authorised persons, and immigration officers for investigating licensable activities. The key points are:
- Entry for Investigation: A constable or an authorised person can enter premises if they believe that a licensable activity is occurring or is about to occur, to check if the activity complies with its authorisation.
- Immigration Officer’s Role: An immigration officer can also enter premises suspected of hosting a licensable activity to investigate potential immigration offenses related to that activity.
- Display of Authority: These individuals must provide evidence of their authority to exercise these powers if requested.
- Use of Reasonable Force: Reasonable force may be used if necessary during the exercise of these powers.
- Offense of Obstruction: It is an offence to intentionally obstruct someone exercising these powers.
- Penalties: Those found guilty of obstruction can face a summary conviction and a fine not exceeding level 3 on the standard scale.
- Definitions and Exclusions: The section defines terms like “authorisation” and “authorised person” and states that these provisions don’t apply to premises solely with a club premises certificate and no other authorisation
If so requested, they must produce evidence of his authority to exercise the power. A person exercising this power may, if necessary, use reasonable force.
A person commits an offence if he intentionally obstructs any persons above. Level 3: £1,000
