35IRight of entry

35I Right of entry

(1) A licensing inspector may enter and remain on premises for the purposes of performing functions or exercising powers as a licensing inspector.

(2) The power of entry may be exercised—

(a) in the case of licensed tobacco premises or any vehicle used in connection with licensed tobacco premises—

(i) at any time during ordinary business hours, whether or not the licensed tobacco premises are open to the public; or

(ii) at any other time when the licensed tobacco premises are open to the public; or

(iii) at any time, if the licensing inspector reasonably suspects that a licensing offence is being or has been committed on or in, or in relation to, the licensed tobacco premises or vehicle; or

(iv) at any time, with the written consent under section 35J of the occupier of the licensed tobacco premises or vehicle or, if there is no occupier, the owner of the licensed tobacco premises or vehicle; or

(b) in the case of premises other than licensed tobacco premises or a vehicle used in connection with licensed tobacco premises—

(i) at any time when the premises are open to the public; or

(ii) at any time, with the written consent under section 35J of the occupier of the premises or, if there is no occupier, the owner of the premises.

(3) If no person is present at licensed tobacco premises or in a vehicle when a licensing inspector exercises a power of entry in the circumstances set out in subsection (2)(a)(i), (ii) or (iii), the licensing inspector, on leaving the licensed tobacco premises or vehicle, must leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

(c) a description of all things done while on the premises or in the vehicle; and

(d) the time of departure; and

(e) the procedure for contacting the licensing inspector or the Regulator for further details of the entry.

(4) Subsection (3) does not apply if the licensed tobacco premises or vehicle are abandoned or vacant.

ordinary business hours, in relation to premises, means any time between 9 00 a.m. and 5 00 p.m. on Monday to Friday, other than on a public holiday or public half holiday in the place in which the licensed tobacco premises or vehicle are located.

S. 35J inserted by No. 51/2024 s. 37.