311Entry to and inspection of licensed premises without warrant

311 Entry to and inspection of licensed premises without warrant (1) A police officer may without warrant enter premises to which a licence applies and inspect goods and records kept at the premises: (a) in the case of business premises, at a time when the premises are open for business; and (b) in the case of storage premises, at a time when business premises to which the licence applies are open for business. (2) A police officer may, at a time when business premises to which a licence applies are open for business, require a person who is apparently in charge of the premises to open storage premises to which the licence also applies. (3) A police officer may, without warrant, during an inspection of premises for the purposes of this section: (a) enter a room, a storage area or another part of the premises; and (b) require a person on the premises to open or unlock a room, area or part of premises; and

Consumer Affairs and Fair Trading Act 1990 125 (c) where a person on the premises refuses to, or is unable to, open or unlock a room, area or part of premises, use force reasonably necessary to gain entry to the room, area or part; and (d) open and examine the contents of: (i) a package; or (ii) an unlocked container, cupboard, drawer, chest, trunk, box, cage or other receptacle; found on the premises; and (e) require a person on the premises to open or unlock a locked container, cupboard, drawer, chest, trunk, box, cage or other receptacle on the premises; and (f) where a person on the premises is unwilling or unable to open or unlock an item referred to in paragraph (e), use force reasonably necessary to open or unlock the item. (4) A person must not refuse or fail to comply with a requirement under this section.