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Q: I run a town centre pub and I have heard through the grapevine that there are about to be a number of visits to licensed premises from the responsible authorities. If it is inconvenient to me or at an unsuitable time, can I refuse entry? I was under the impression that it is only the police who could demand entry to licenced premises. Is this not correct?
A: There are a number of issues and some possible confusion in relation to powers of entry with the police and other authorities. Under s179 Licensing Act, a constable or “authorised person” may enter licensed premises to check is licensable activities are taking place or in accordance with a licence. An “authorised person” in this context includes licensing officers, environmental health officers, fire orders, health and safety officers and immigration officers. The law also states that they can use reasonable force to affect their entry if necessary. Although it might be inconvenient for them to attend, there is a risk that refusing entry or making the visit difficult would create problems for you down the line. It is a criminal offence to obstruct an authorised officer exercising their power of entry.
In 2015, the Home Office revised their Power of Entry: Code of Practice which provides responsible authorities with guidance on the use of their powers of entry. Although not required by law, authorities should give reasonable notice of not less than 48 hours where it is appropriate and practicable to do so. Obviously, the authorities are not going to tip you off if the intention is to have a surprise visit.
And of course, from a much simpler starting point if your premises are open for business at the time the responsible authorities visit, at common law, they have as much right to enter as any customer. It is unlikely that being uncooperative with any responsible authority will go in your favour. The police also have a wide range of powers to enter premises (licensed or not) to carry out searches, arrests and prevent a breach of the peace.
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