Who has right of entry at a licensed premises? In England and Wales, several authorities have the legal right to enter licensed premises to ensure compliance with licensing laws and regulations. These include:
1. Police Officers
Police officers have the right to enter licensed premises at any reasonable time without a warrant. They may check for compliance with the Licensing Act 2003, investigate criminal activity, or respond to concerns about public safety or disorder.
2. Licensing Officers
Licensing officers from the local authority can enter licensed premises to inspect them and ensure that the business is adhering to its licensing conditions. They may check for issues like the sale of alcohol outside permitted hours or failure to follow specific licensing restrictions.
3. Trading Standards Officers
Trading standards officers may enter the premises to ensure compliance with laws related to the sale of alcohol, such as checking for underage sales, pricing regulations, or the use of counterfeit products (including fake alcohol).
4. Environmental Health Officers
Environmental health officers (EHOs) can enter licensed premises to ensure the venue complies with health and safety, food hygiene, and noise regulations. They may check whether the premises are safe for patrons and staff, and if noise or other environmental issues are being appropriately managed.
5. Fire Officers
Fire officers have the right to inspect premises to ensure they meet fire safety standards. They can check for sufficient exits, proper signage, and adherence to safety protocols.
6. Immigration Officers
Immigration officers can enter licensed premises to check whether staff are legally entitled to work in the UK. They might inspect employment records and identify illegal workers.
7. Health and Safety Executive (HSE) Officers
HSE officers may enter a premises to investigate serious accidents or breaches of health and safety laws in relation to both staff and patrons.
8. Customs Officers (HMRC)
HMRC (Her Majesty’s Revenue and Customs) officers can enter licensed premises to check that appropriate duties and taxes on alcohol are being paid and to inspect for the use of illicit goods.
9. Pubwatch and Licensing Partnership Representatives
While not having the same legal powers as the authorities mentioned above, some Pubwatch or local licensing partnership representatives may visit licensed premises as part of voluntary compliance schemes. They won’t have automatic rights of entry, but may visit to support the venue in maintaining standards.
Important Notes:
No Warrant Required: Police officers, licensing officers, and other relevant authorities generally do not need a warrant to enter licensed premises, provided they are performing their duties in relation to licensing laws.
Reasonable Hours: Entry usually has to be at a “reasonable time” unless there is an emergency, suspicion of a serious offence, or immediate public safety concerns.
Obstruction: It is an offence to obstruct or refuse entry to any of these authorised persons. Staff should cooperate fully with their inspection or inquiry.
Who has right of entry at a licensed premises?- Conclusion
By knowing who has the right of entry and why, premises managers can ensure they are prepared for inspections and comply with legal requirements.
Licensing Professionals provide advice and training on all matters relating to the Licensing Act 2003. Contact us today for a FREE consultation.
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