(1) In section 279(2) “prescribed” means prescribed by regulations made by the Secretary of State; and regulations may, in particular, make different provision for different classes or descriptions of game.
(2) For the purposes of section 279(5) two games are linked if—
(a) the result of one game is or may be wholly or partly determined by reference to the result of the other game, or
(b) the amount or value of a prize available in one game is or may be wholly or partly determined by reference to the extent of participation in the other game;
and if a single game is played partly on one set of premises and partly on another it shall be treated as two linked games.
(1) The disapplication of section 33 by section 279 shall not apply to high turnover bingo played during a high turnover period.
(2) Bingo played on premises in any period of seven days is high turnover bingo if—
(a) the aggregate of stakes at bingo played on the premises during the period exceeds £2,000, or
(b) the aggregate of prizes at bingo played on the premises during the period exceeds £2,000.
(3) A high turnover period begins in relation to premises at the end of a period of seven days during which—
(a) the aggregate of stakes at bingo played on the premises exceeds £2,000, or
(b) the aggregate of prizes at bingo played on the premises exceeds £2,000.
(4) A high turnover period expires at the end of the year beginning with the first day of the period of seven days which caused the high turnover period to begin.
(5) A period of seven days any of which is in a high turnover period does not cause a new high turnover period to begin.
(6) The holder of an on-premises alcohol licence or relevant Scottish licence for premises in relation to which a high turnover period begins shall, unless he holds a bingo operating licence, inform the Commission as soon as is reasonably practicable.
(7) A person commits an offence if he fails without reasonable excuse to comply with subsection (6).
(8) A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) The Secretary of State may by order vary a monetary amount specified in this section.
(1) Sections 37 and 242 shall not apply to making one or two gaming machines, each of which is of Category C or D, available for use on premises to which this section applies, provided that the conditions in subsections (2) and (3) are satisfied.
(2) The first condition is that the person who holds the on-premises alcohol licence or the relevant Scottish licence sends the licensing authority—
(a) written notice of his intention to make gaming machines available for use in reliance on subsection (1), and
(b) the prescribed fee.
(3) The second condition is that any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine is complied with.
(4) Subsection (1) does not disapply section 37 or 242 in respect of premises at a time when gaming machines are made available for use on those premises in reliance on a club gaming permit or a club machine permit.
(5) In this section “prescribed” means—
(a) in the case of premises in respect of which an on-premises alcohol licence has effect, prescribed by regulations made by the Secretary of State, and
(b) in the case of premises in respect of which a relevant Scottish licence has effect, prescribed by regulations made by the Scottish Ministers.
(1) A person does not commit an offence under section 37 or 242 if he makes a gaming machine of Category C or D available in accordance with a licensed premises gaming machine permit.
(2) A licensed premises gaming machine permit is a permit issued by a licensing authority authorising a person to make gaming machines of Category C or D (or both) available for use on premises to which this section applies.
(3) A licensed premises gaming machine permit shall, by virtue of this subsection, be subject to the condition that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine.
(4) Subsection (1) does not disapply section 37 or 242 in respect of premises at a time when gaming machines are made available for use on those premises in reliance on a club gaming permit or a club machine permit.
(5) Schedule 13, which makes further provision about licensed premises gaming machine permits, shall have effect except in relation to Scotland.
(1) A licensing authority may make an order disapplying section 279 or section 282(1) to specified premises.
(2) A licensing authority may make an order disapplying a section under subsection (1) only if they think that—
(a) the application of the section is not reasonably consistent with pursuit of the licensing objectives,
(b) gaming has taken place on the premises in purported reliance on the section but in breach of a condition of that section,
(c) the premises are mainly used or to be used for gaming, or
(d) an offence under this Act has been committed on the premises.
(3) Before making an order under subsection (1) a licensing authority shall—
(a) give the holder of the on-premises alcohol licence or of the relevant Scottish licence (“the licensee”) at least 21 days' notice of the authority's intention to consider making an order,
(b) consider any representations made by the licensee,
(c) hold a hearing if the licensee requests one, and
(d) comply with any prescribed requirements for the procedure to be followed in considering whether to make an order.
(4) If a licensing authority make an order under subsection (1), they shall as soon as is reasonably practicable give the licensee—
(a) a copy of the order, and
(b) written reasons for the decision to make the order.
(5) A licensee may appeal against the making of an order under subsection (1).
(6) An appeal under subsection (5) must be instituted—
(a) in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,
(b) by notice of appeal given to the designated officer, and
(c) within the period of 21 days beginning with the day on which the appellant receives a copy of the order against which the appeal is brought.
(7) On an appeal the magistrates' court may—
(a) dismiss the appeal;
(b) allow the appeal and quash the order made by the licensing authority;
(c) make an order about costs.
(8) In relation to premises in Scotland—
(a) subsection (6)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
(b) subsection (6)(b) shall not have effect,
(c) the reference in subsection (7) to the magistrates' court shall have effect as a reference to the sheriff, and
(d) the reference in subsection (7)(c) to costs shall have effect as a reference to expenses.
(9) In this section, “prescribed” means prescribed by regulations made by the Secretary of State.
(1) The Scottish Ministers may, with the consent of the Secretary of State, by regulations provide that such provisions as are set out in the regulations are to apply in relation to—
(a) a club gaming permit or club machine permit, in place of Schedule 12 if the applicant for or holder of the permit is the holder of ... a relevant Scottish licence and the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 applies, or
(b) a licensed premises gaming machine permit, in place of Schedule 13, if the applicant for or holder of the permit is the holder of a relevant Scottish licence and the premises are premises to which section125(1) of the Licensing (Scotland) Act 2005 does not apply,
or if the applicant for or holder of the permit falls within such other description as may be specified in the regulations.
(2) Regulations under subsection (1) may amend, revoke or otherwise modify any enactment in so far as it appears to the Scottish Ministers necessary or expedient to do so for the purposes of that subsection.
For the purposes of this Act—
(a) “fair” means a fair consisting wholly or principally of the provision of amusements, and
(b) a fair held on a day in a calendar year is a travelling fair” if provided—
(i) wholly or principally by persons who travel from place to place for the purpose of providing fairs, and
(ii) at a place no part of which has been used for the provision of a fair on more than 27 days in that calendar year.
A person does not commit an offence under section 37 or 242 if—
(a) he makes one or more Category D gaming machines available for use at a travelling fair, and
(b) facilities for gambling (whether by way of gaming machine or otherwise) amount together to no more than an ancillary amusement at the fair.
Gaming is prize gaming for the purposes of this Act if neither the nature nor the size of a prize played for is determined by reference to—
(a) the number of persons playing, or
(b) the amount paid for or raised by the gaming.
(1) A person does not commit an offence under section 33 or 37 by providing facilities for prize gaming if—
(a) the gaming satisfies the conditions specified in section 293, and
(b) the facilities are provided in accordance with a prize gaming permit.
(2) A prize gaming permit is a permit issued by a licensing authority authorising a person to provide facilities for gaming with prizes on specified premises.
(3) Schedule 14 makes further provision about prize gaming permits.
(1) A person does not commit an offence under section 33 or 37 by providing facilities for prize gaming if—
(a) the gaming satisfies the conditions specified in section 293, and
(b) the facilities are provided in—
(i) an adult gaming centre, or
(ii) a licensed family entertainment centre.
(2) A person does not commit an offence under section 33 or 37 by providing facilities for equal chance prize gaming if—
(a) the gaming satisfies the conditions specified in section 293, and
(b) the facilities are provided on premises in respect of which a family entertainment centre gaming machine permit has effect.
(1) A person does not commit an offence under section 33 or 37 by providing facilities for prize gaming in premises in respect of which a bingo premises licence has effect.
(2) A condition may be attached under section 75 or 78 to an operating licence so as—
(a) to prevent facilities for a specified description of game from being provided in reliance on subsection (1), or
(b) to provide for subsection (1) to apply, whether generally or only in connection with a specified description of game, subject to specified conditions or only in specified circumstances.
(3) A condition attached under section 78 by virtue of subsection (2) above may, in particular, relate to a matter listed in section 91(1).
(4) Subsection (1) may not be disapplied or modified—
(a) by way of a condition attached to an operating licence under section 77, or
(b) by way of a condition attached to a premises licence under section 167, 168 or 169.
A person does not commit an offence under section 33 or 37 by providing facilities for equal chance prize gaming if—
(a) the gaming satisfies the conditions specified in section 293,
(b) the facilities are provided at a travelling fair, and
(c) facilities for gambling (in whatever form) amount together to no more than an ancillary amusement at the fair.
(1) This section specifies the conditions mentioned in sections 289(1), 290(1) and (2) and 292 for prize gaming.
(2) The first condition is compliance with such limits as may be prescribed in respect of participation fees (and those limits may, in particular, relate to players, games or a combination; and different limits may be prescribed in respect of different classes or descriptions of fee).
(3) The second condition is that—
(a) all the chances to participate in a particular game must be acquired or allocated on one day and in the place where the game is played,
(b) the game must be played entirely on that day, and
(c) the result of the game must be made public—
(i) in the place where the game is played, and
(ii) as soon as is reasonably practicable after the game ends, and in any event on the day on which it is played.
(4) The third condition is that a prize for which a game is played, or the aggregate of the prizes for which a game is played—
(a) where all the prizes are money, must not exceed the prescribed amount, and
(b) in any other case, must not exceed the prescribed value.
(5) The fourth condition is that participation in the game by a person does not entitle him or another person to participate in any other gambling (whether or not he or the other person would also have to pay in order to participate in the other gambling).
(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.
(1) A person does not commit an offence under section 33 by providing facilities for—
(a) private gaming, or
(b) private betting.
(2) Section 37 shall not apply to or in respect of the use of premises to carry on—
(a) private gaming, or
(b) private betting.
(3) A person does not commit an offence under section 33 or 37 by making or accepting a bet, or by offering to make or accept a bet, if he acts otherwise than in the course of a business.
(1) For the purposes of this Act gaming is non-commercial if it takes place at a non-commercial event (whether as an incidental activity or as the principal or only activity).
(2) An event is non-commercial if the arrangements for the event are such that no part of the proceeds is to be appropriated for the purpose of private gain.
(3) For the purposes of subsection (2) the proceeds of an event are—
(a) the sums raised by the organisers (whether by way of fees for entrance or for participation, by way of sponsorship, by way of commission from traders or otherwise), minus
(b) amounts deducted by the organisers in respect of costs reasonably incurred in organising the event.
(1) A person does not commit an offence under section 33 by providing facilities for—
(a) non-commercial prize gaming which complies with the conditions in section 299, or
(b) non-commercial equal chance gaming which complies with the conditions in section 300.
(2) Section 37 shall not apply to or in respect of the use of premises to carry on—
(a) non-commercial prize gaming which complies with the conditions in section 299, or
(b) non-commercial equal chance gaming which complies with the conditions in section 300.
(1) This section specifies the conditions for non-commercial prize gaming mentioned in section 298.
(2) The first condition is that players are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.
(3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.
(4) The third condition is that the non-commercial event of which the gaming is part does not take place—
(a) on premises, other than a track, in respect of which a premises licence has effect,
(b) on a track at a time when activities are being carried on in reliance on a premises licence, or
(c) on premises at a time when activities are being carried on in reliance on a temporary use notice.
(5) The fourth condition is that the gaming is not remote.
(6) In this section “profits” in relation to gaming means—
(a) the aggregate of amounts—
(i) paid by way of stakes, or
(ii) otherwise accruing to the person organising the gaming directly in connection with it, minus
(b) amounts deducted by the person organising the gaming in respect of—
(i) the provision of prizes, or
(ii) other costs reasonably incurred in organising or providing facilities for the gaming.
300 Conditions for non-commercial equal-chance gaming
(1) This section specifies the conditions for non-commercial equal-chance gaming mentioned in section 298.
(2) The first condition is that persons participating in the gaming are informed that the purpose of the gaming is to raise money for a specified purpose other than that of private gain.
(3) The second condition is that the arrangements for the gaming are such that the profits will be applied for a purpose other than that of private gain.
(4) The third condition is that the arrangements for the gaming ensure compliance with regulations of the Secretary of State—
(a) limiting amounts staked;
(b) limiting participation fees;
(c) limiting other amounts paid by a person in connection with the gaming;
(d) limiting a combination of matters specified in paragraphs (a) to (c);
(e) limiting the amount or value of a prize;
(f) limiting the aggregate amount or value of prizes.
(5) Regulations under subsection (4) may, in particular—
(a) make provision by reference to whether or not a game is part of a series;
(b) make provision by reference to whether or not the non-commercial event of which the gaming is part is associated, as defined by the regulations, with another event;
(c) limit stakes in relation to a participant in more than one game;
(d) make different provision for different kinds of game or for games played in different circumstances.
(6) The fourth condition is that the non-commercial event of which the gaming is part does not take place—
(a) on premises, other than a track, in respect of which a premises licence has effect,
(b) on a track at a time when activities are being carried on in reliance on a premises licence, or
(c) on premises at a time when activities are being carried on in reliance on a temporary use notice.
(7) The fifth condition is that the gaming is non-remote.
(8) In this section “profits” in relation to gaming means—
(a) the aggregate of amounts—
(i) paid by way of stakes, or
(ii) otherwise accruing to the person organising the gaming directly in connection with it, minus
(b) amounts deducted by the person organising the gaming in respect of—
(i) the provision of prizes, or
(ii) other costs reasonably incurred in organising or providing facilities for the gaming.
301 Misusing profits of non-commercial prize gaming
(1) This section applies to—
(a) non-commercial prize gaming in respect of which a fund-raising purpose has been specified as mentioned in section 299(2), and
(b) non-commercial equal-chance gaming in respect of which a fund-raising purpose has been specified as mentioned in section 300(2).
(2) A person commits an offence if he uses any part of the profits of gaming to which this section applies for a purpose other than that specified.
(3) The reference in subsection (2) to the use of profits includes a reference to permitting profits to be used.
(4) A person guilty of an offence under this section shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding 51 weeks,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
(5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.
(6) In this section “profits” has the same meaning as in sections 299 and 300.
For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction—
(a) enters it in the course of a business, or
(b) holds himself out as being in business in relation to the acceptance of bets.
(1) The Commission—
(a) may designate employees of the Commission as enforcement officers for the purposes of this Act, and
(b) may appoint persons other than employees of the Commission as enforcement officers for the purposes of this Act.
(2) The Commission may pay to or in respect of an enforcement officer who is not an employee of the Commission sums by way of or in respect of—
(a) remuneration;
(b) allowances;
(c) expenses;
(d) pension;
(e) gratuity.
(1) In this Act—
(a) “authorised person” has the meaning given by this section, and
(b) a reference to an authorised local authority officer is a reference to a person who is an authorised person by virtue of subsection (2).
(2) An officer of a licensing authority is an authorised person for a purpose relating to premises if—
(a) the premises are wholly or partly situated in the authority's area, and
(b) the officer is designated by the authority as an authorised person for the purposes of this section.
(3) An officer of an authority other than a licensing authority is an authorised person for a purpose relating to premises if—
(a) the authority has statutory functions, for an area in which the premises are wholly or partly situated, in relation to minimising or preventing the risk of pollution of the environment or of harm to human health, and
(b) the officer is authorised by the authority for the purpose of exercising any of those statutory functions.
(4) The following are authorised persons for purposes relating to any premises—
(a) an inspector appointed under section 18 of the Fire Precautions Act 1971 (c. 40) (enforcement),
(a) where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, an enforcement officer appointed under section 61(3) of that Act,
(b) an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37) (inspectors),
(c) an inspector or surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995 (c. 21) (enforcement),
(d) a person who is within a class prescribed by the Secretary of State by regulations.
A constable, enforcement officer or authorised person may undertake activities for the purpose of assessing—
(a) compliance with provision made by or by virtue of this Act;
(b) whether an offence is being committed under or by virtue of this Act.
(1) A constable or enforcement officer may enter premises if he reasonably suspects that an offence under this Act may be—
(a) being committed on the premises, or
(b) about to be committed on the premises.
(2) A justice of the peace may on the application of a constable or enforcement officer issue a warrant authorising a constable or enforcement officer to enter premises if the justice of the peace is satisfied—
(a) that there are reasonable grounds for suspecting that an offence under this Act has been committed on the premises,
(b) that there are reasonable grounds for suspecting that evidence of the commission of the offence may be found on the premises, and
(c) that at least one of the conditions in subsection (3) is satisfied.
(3) Those conditions are—
(a) that admission to the premises has been refused,
(b) that admission to the premises is likely to be refused unless a warrant is produced,
(c) that the purpose of entry may be frustrated or seriously prejudiced unless a constable or enforcement officer arriving at the premises can secure immediate entry, and
(d) that there is likely to be nobody at the premises capable of granting admission.
(4) A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—
(a) that notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, or
(b) that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).
(5) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.
(6) In the application of this section to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.
(1) A constable, enforcement officer or authorised person may enter premises to which this section applies for a purpose specified in subsection (3).
(2) This section applies to premises if a constable, enforcement officer or authorised person reasonably suspects that facilities for gambling other than private and non-commercial gaming or betting may be being provided, may be about to be provided or have been provided, on the premises.
(3) The purposes mentioned in subsection (1) are—
(a) to discover whether facilities for gambling other than private and non-commercial gaming or betting are being provided, are about to be provided or have been provided on the premises,
(b) to determine whether an operating licence or premises licence is held in respect of the provision of facilities for gambling on the premises, and
(c) to determine whether facilities are being, will be or have been provided in accordance with the terms and conditions of an operating licence or premises licence.
(1) A constable or enforcement officer may enter premises to which this section applies for the purpose specified in subsection (3).
(2) This section applies to premises which a constable or enforcement officer reasonably believes to be used by the holder of an operating licence wholly or partly for purposes connected with the licensed activities.
(3) The purpose mentioned in subsection (1) is to determine whether the licensed activities are being carried on in accordance with the terms and conditions of the operating licence.
(1) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a family entertainment centre gaming machine permit for a purpose connected with the consideration of the application.
(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a family entertainment centre gaming machine permit has effect for the purpose of determining whether the gaming machines used on the premises, and the arrangements for their use, comply with the requirements of this Act and regulations under it.
(1) An enforcement officer or an authorised local authority officer may enter premises in respect of which an application has been made under Schedule 13 for a purpose connected with the consideration of the application.
(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an on-premises alcohol licence has effect for the purpose of—
(a) determining whether gaming carried on satisfies the conditions in section 279;
(b) in the case of bingo played on the premises, determining—
(i) whether the terms and conditions of any relevant operating licence are being complied with;
(ii) whether section 281 applies;
(c) ascertaining the number and category of gaming machines being made available for use on the premises.
(1) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a prize gaming permit for a purpose connected with the consideration of the application.
(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a prize gaming permit has effect for the purposes of determining whether prize gaming on the premises complies with the requirements of this Act and regulations under it.
(1) A constable or enforcement officer may enter premises to which this section applies for a purpose specified in subsection (3).
(2) This section applies to premises which a constable or enforcement officer reasonably believes to be used by a members' club, a commercial club or a miners' welfare institute.
(3) The purposes mentioned in subsection (1) are—
(a) to determine whether gaming is taking place on the premises or is about to take place on the premises,
(b) to determine whether any gaming that is taking place or is about to take place on the premises is in accordance with—
(i) section 269,
(ii) a club gaming permit, or
(iii) a club machine permit.
(4) An authorised local authority officer may enter premises in respect of which an application has been made for a club gaming permit or a club machine permit for a purpose connected with the consideration of the application.
(1) A constable, enforcement officer or authorised person may enter premises in respect of which an application for a premises licence has been made to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the premises licence.
(2) A constable, enforcement officer or authorised person may enter premises in respect of which a premises licence has effect for a purpose connected with a review under section 201.
Where a society is registered with a local authority in accordance with Part 5 of Schedule 11, an enforcement officer or an authorised local authority officer may enter premises owned or used by the society for the purpose of making inquiries in connection with a lottery promoted on behalf of the society.
(1) A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has been given to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the temporary use notice.
(2) A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has effect to determine whether an activity of a kind listed in section 37(1) is being carried on otherwise than in accordance with the temporary use notice.
(1) A constable or enforcement officer may require the holder of an operating licence to produce to the constable or enforcement officer within a specified period a copy of any authorisation given by the holder of the licence under section 93(2) or (3) or 94(2).
(2) While a person is holding himself out as willing to accept bets on behalf of the holder of an operating licence in accordance with section 93(2) or (3) or 94(2), a constable or enforcement officer may require the person to produce a copy of his authorisation under that section—
(a) within a specified period, or
(b) immediately.
(3) A constable or enforcement officer may require the holder of a casino premises licence to produce to the constable or enforcement officer within a specified period a copy of any authorisation given by the holder of the licence under section 174(3).
(4) While a person is carrying on an activity in reliance on an authorisation under section 174(3), a constable or enforcement officer may require the person to produce a copy of his authorisation under that section—
(a) within a specified period, or
(b) immediately.
(5) A person commits an offence if he fails without reasonable excuse to comply with a requirement imposed under this section.
(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may—
(a) inspect any part of the premises and any machine or other thing on the premises;
(b) question any person on the premises;
(c) require access to any written or electronic record which is kept on the premises;
(d) require to be supplied with a copy, in such form as he directs, of an entry in a written or electronic record which is kept on the premises;
(e) remove and retain anything if he reasonably believes that it constitutes or contains evidence of—
(i) the commission of an offence under this Act, or
(ii) the breach of a term or condition of a licence issued under this Act;
(f) remove and retain anything if he reasonably believes that it is being used or has been used in the commission of an offence under this Act.
(2) The Secretary of State may by regulations make provision about the treatment of —
(a) copies supplied under subsection (1)(d), and
(b) things removed under subsection (1)(e) or (f).
(3) Regulations under subsection (2) may, in particular, make provision—
(a) about the retention, use, return, disposal or destruction of anything supplied or removed;
(b) conferring a right of appeal.
(4) The Secretary of State may by regulations make provision about the procedure to be followed in the exercise of a power under this section.
(5) Nothing in this Part authorises action to be taken in England and Wales in respect of anything of a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (legally privileged material, &c.).
(6) A person exercising a power under or by virtue of this Part shall have regard to any relevant provision of a code of practice under that Act (and guidance under section 25 may refer to a provision of a code).
(7) Subsection (6) does not apply as respects the exercise of a power in relation to Scotland.
(1) A power under this Part to enter premises without a warrant does not apply in relation to a dwelling.
(2) A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant authorising a constable, enforcement officer or authorised person to enter premises if the justice of the peace is satisfied—
(a) that, but for subsection (1), a constable, enforcement officer or authorised person would be able to enter the premises without a warrant in reliance on a provision of this Part, and
(b) that at least one of the conditions in subsection (3) is satisfied.
(3) Those conditions are—
(a) that admission to the premises has been refused,
(b) that admission to the premises is likely to be refused unless a warrant is produced,
(c) that the purpose of entry may be frustrated or seriously prejudiced unless a constable, enforcement officer or authorised person arriving at the premises can secure immediate entry, and
(d) that there is likely to be nobody at the premises capable of granting admission.
(4) A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—
(a) that notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, or
(b) that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).
(5) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.
(6) In the application of this section or section 319 to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.
(1) A constable, enforcement officer or authorised person exercising a power of entry under or by virtue of this Part may exercise a power under section 317(1)(c) to (e) in relation to records (whether written or electronic) only if the records relate entirely to the matters to which the power of entry relates.
(2) A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant disapplying subsection (1) to a specified extent if the justice of the peace is satisfied that the disapplication is necessary.
(3) A warrant may be granted under subsection (2) only if the justice of the peace is satisfied—
(a) that notice has been given to a person in control of the records of intent to apply for a warrant, or
(b) that the purpose of exercising the power of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).
(4) A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.