Powers of Entry Code to be introduced this year

It has been announced by the Government that they will introduce the Powers of Entry Code 'this year'.

The Powers of Entry Draft Code of Practice consultation was published on 22 January 2013 and was then subject to a consultation albeit no implementation date has ever been set.

With regards implications to Licensing Authorities, the Code highlights that where it is appropriate to do so, reasonable notice (usually not less than 48 hours or as specified in relevant legislation) should normally be provided to the occupier or landowner of the intention to visit premises and/or undertake inspection where it is practicable to do so. This raises concerns in relation to the notice period being provided which may impact on a weekend and therefore begs the question why reasonable notice is not 72 hours.

The Draft Code also provides Guidance on the Conduct of inspections and includes the following:

When carrying out a visit or conducting an inspection, an authorised person should identify themselves clearly to the landowner or occupier (where present) by showing his/her authorisation or other means of formal identification (except in situations where the safety of authorised personnel would be compromised by doing so), disclose their authority to undertake the inspection or visit and explain clearly the purpose of the visit.

When requested to do so, he/she should:

• Give his/her name and the name of his/her organisation,
• Provide an official contact address and telephone number.

Whilst carrying out his/her investigations an authorised person should:

• Be impartial and fair at all times;
• Comply with any restrictions on seizure e.g. legally privileged material; and
• Within a reasonable time after the visit, formally record the site visit in the form of a written report.

In all cases, authorised persons should:

• Exercise their powers reasonably and courteously and with respect for persons and property;
• Only use reasonable force where this is expressly permitted under the legislation that provides the power of entry and before doing so consider whether it is both necessary and proportionate in the circumstances;
• Comply with the requirements under relevant legislation including relevant safeguards;
• Be clear about what associated powers may be exercised (such as powers to inspect, search, seize or survey) and exercise those legally and fairly; and
• Not exercise any powers other than those granted under legislation.

Premises should be inspected or searched only to the extent necessary to achieve the purpose of the inspection or search. 

• The search should no longer continue once the object of that search has been achieved or it is clear that whatever is sought is not on the premises. 
• Searches should be conducted with due consideration for the property and privacy of the occupier with no more disturbance than is necessary.
• When reasonable force is lawfully permitted it may be used only when necessary and because the co-operation of the occupier cannot be obtained or is insufficient for the purpose. In all cases where a power authorises the use of force, only the minimum force necessary to achieve the purposes of the power may be used.
• When only one person is present on the premises at the time when a power is to be exercised, a friend, neighbour or other person should be allowed to witness any search or inspection that is undertaken if the occupier wishes and where it is practicable to do so, unless the authorised person in charge of the entry has reasonable grounds to suspect that this would seriously disrupt the purposes of the entry, or would lead to an unreasonable delay in its exercise.
• A record of the inspection or search.

The full version can be found here: 'Powers of Entry - Draft Code of Practice'

We shall of course update you as soon as we are aware of the actual implementation date.