129Right of entry

129 Right of entry (1) An authorised person may enter and remain on licensed premises for the purposes of exercising his or her functions under this Act. (2) The power of entry may be exercised— (a) at any time when the premises are open to the public; or (b) at any time— (i) if the authorised person reasonably suspects that the business of supplying liquor to the public is being carried on on the premises; or (ii) with the written consent of the occupier. (3) An authorised person who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the authorised person does not show his or her identity card to the occupier. S. 129(4) amended by Nos 58/2011 s. 104(Sch. item 4.190), 37/2014 s. 10(Sch. item 96.15). (4) Subsection (3) does not apply to a police officer if he or she is in uniform. (5) If an occupier consents to the entry of premises under this section, the authorised person must give the occupier a copy of the consent immediately. S. 129(6) amended by No. 59/2009 s. 30(h). (6) A person may not, under this section, enter a room in licensed premises under a general licence or a late night (general) licence which is occupied by or reserved for the private use of the licensee or permittee unless the person— (a) has first given notice of his or her intention to the licensee or permittee or (in the absence of the licensee or permittee) to the person appearing to be in charge of the licensed premises and has given the licensee, permittee or person an opportunity to be present; or (b) has obtained the consent of the licensee, permittee or person to enter the room. S. 129(7) amended by No. 59/2009 s. 30(h). (7) A person may not, under this section, enter a room in licensed premises under a general licence or a late night (general) licence which is occupied by or set apart for the private use of a resident unless the person has obtained the consent of the resident to enter the room. (8) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry. S. 130 amended by No. 92/2004 s. 32, substituted by No. 8/2009 s. 19.