35JEntry with consent of owner or occupier

35J Entry with consent of owner or occupier

(1) A licensing inspector must not enter any premises with the consent of the occupier or owner unless, before the occupier or owner consents to that entry, the licensing inspector—

(a) has produced the licensing inspector's identity card for inspection; and

(b) has informed the occupier or owner—

(i) of the purpose of the entry; and

(ii) that the occupier or owner may refuse to give consent to the entry or to the seizure of anything found on the premises; and

(iii) that the occupier or owner may refuse to consent to the taking of any copy or extract from a document found on the premises; and

(iv) that anything seized or taken with the consent of the occupier or owner may be used in evidence in proceedings.

(2) If an occupier or owner consents to an entry, the licensing inspector who requested consent must before entering the premises ask the occupier or owner to sign an acknowledgment in the prescribed form stating—

(a) that the occupier or owner has been informed of the purpose of the entry and that anything seized or taken with the consent of the occupier or owner may be used in evidence in proceedings; and

(b) that the occupier or owner has been informed that the occupier or owner may refuse to give consent to the entry; and

(c) that the occupier or owner has consented to the entry; and

(d) the date and time that the occupier or owner consented.

(3) If an occupier or owner consents to the seizure or taking of anything found on the premises, the licensing inspector must before seizing or taking the thing ask the occupier or owner to sign an acknowledgment stating—

(a) that the occupier or owner has consented to the seizure or taking of the thing; and

(b) the date and time that the occupier or owner consented.

(4) An occupier or owner who signs an acknowledgment must be given a copy of the signed acknowledgment before the licensing inspector leaves the premises.

(5) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier or owner did not consent to the entry or to the seizure or the taking of the thing.

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