Published: 16 April 2015
One recent legal development which may have missed your attention in all the other legislative changes is a new Code of Practice on Powers of Entry which finally came into force (after what seems years) on 6 April 2015. The Code provides guidance and sets out considerations that apply to the exercise of powers of entry including, where appropriate, the need to minimise disruption to business. It applies in a wide variety of sectors, including licensing, and therefore has relevance when the Police, Council Licensing Officer, or Environmental Health Officer arrive at your premises (either announced or unannounced) for a “visit”.
The Code is only 14 pages long and is worth reading in full. It has been produced to protect your rights, presented as it was to Parliament pursuant to the Protection of Freedoms Act 2012. Below are a few preliminary observations:
The Code requires the following:
It will be interesting to see how enforcement officers comply with this Code in exercising their powers of entry under the Licensing Act 2003. We would be interested to hear of any experiences of the Code being used in practice in future and will re-visit the details ourselves in later articles.
Hotelier Fined £80,000 for Health and Safety Breaches due to Asbestos
Carrying out a refurb? Have you checked for Asbestos?
How to protect your business from potential prosecution
Video by Hannah Price, Regulatory Solicitor
Top Tips for minimising risk and avoiding steep fines
Can’t find what you’re looking for?