http://www.legislation.gov.uk/ukpga/2005/19/part/15Gambling Act 2005An Act to make provision about gambling.texttext/xmlenStatute Law Database2024-05-18Expert Participation2022-07-14Part 15Inspection<Emphasis>Inspectors</Emphasis>Enforcement officers3031The Commission—amay designate employees of the Commission as enforcement officers for the purposes of this Act, andbmay appoint persons other than employees of the Commission as enforcement officers for the purposes of this Act.2The 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—aremuneration;ballowances;cexpenses;dpension;egratuity.Authorised persons3041In this Act—a“authorised person” has the meaning given by this section, andba reference to an authorised local authority officer is a reference to a person who is an authorised person by virtue of subsection (2).2An officer of a licensing authority is an authorised person for a purpose relating to premises if—athe premises are wholly or partly situated in the authority's area, andbthe officer is designated by the authority as an authorised person for the purposes of this section.3An officer of an authority other than a licensing authority is an authorised person for a purpose relating to premises if—athe 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, andbthe officer is authorised by the authority for the purpose of exercising any of those statutory functions.4The following are authorised persons for purposes relating to any premises—aan inspector appointed under section 18 of the Fire Precautions Act 1971 (c. 40) (enforcement),awhere Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, an enforcement officer appointed under section 61(3) of that Act,ban inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37) (inspectors),can inspector or surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995 (c. 21) (enforcement),da person who is within a class prescribed by the Secretary of State by regulations.<Emphasis>Kinds of inspection</Emphasis>Compliance305A constable, enforcement officer or authorised person may undertake activities for the purpose of assessing—acompliance with provision made by or by virtue of this Act;bwhether an offence is being committed under or by virtue of this Act.Suspected offence3061A constable or enforcement officer may enter premises if he reasonably suspects that an offence under this Act may be—abeing committed on the premises, orbabout to be committed on the premises.2A 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—athat there are reasonable grounds for suspecting that an offence under this Act has been committed on the premises,bthat there are reasonable grounds for suspecting that evidence of the commission of the offence may be found on the premises, andcthat at least one of the conditions in subsection (3) is satisfied.3Those conditions are—athat admission to the premises has been refused,bthat admission to the premises is likely to be refused unless a warrant is produced,cthat the purpose of entry may be frustrated or seriously prejudiced unless a constable or enforcement officer arriving at the premises can secure immediate entry, anddthat there is likely to be nobody at the premises capable of granting admission.4A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—athat notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, orbthat the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).5A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.6In 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.Inspection of gambling3071A constable, enforcement officer or authorised person may enter premises to which this section applies for a purpose specified in subsection (3).2This 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.3The purposes mentioned in subsection (1) are—ato 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,bto determine whether an operating licence or premises licence is held in respect of the provision of facilities for gambling on the premises, andcto 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.Operating licence holders3081A constable or enforcement officer may enter premises to which this section applies for the purpose specified in subsection (3).2This 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.3The 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.Family entertainment centres3091A 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.2A 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.Premises licensed for alcohol3101An 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.2A 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—adetermining whether gaming carried on satisfies the conditions in section 279;bin the case of bingo played on the premises, determining—iwhether the terms and conditions of any relevant operating licence are being complied with;iiwhether section 281 applies;cascertaining the number and category of gaming machines being made available for use on the premises.Prize gaming permit3111A 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.2A 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.Clubs3121A constable or enforcement officer may enter premises to which this section applies for a purpose specified in subsection (3).2This 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.3The purposes mentioned in subsection (1) are—ato determine whether gaming is taking place on the premises or is about to take place on the premises,bto determine whether any gaming that is taking place or is about to take place on the premises is in accordance with—isection 269,iia club gaming permit, oriiia club machine permit.4An 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.Licensed premises3131A 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.2A 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.Lotteries: registered societies314Where 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.Temporary use notice3151A 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.2A 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.Authorisations: production on demand3161A 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).2While 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—awithin a specified period, orbimmediately.3A 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).4While 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—awithin a specified period, orbimmediately.5A person commits an offence if he fails without reasonable excuse to comply with a requirement imposed under this section.6A 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.<Emphasis>Powers and procedure</Emphasis>Powers3171A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may—ainspect any part of the premises and any machine or other thing on the premises;bquestion any person on the premises;crequire access to any written or electronic record which is kept on the premises;drequire 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;eremove and retain anything if he reasonably believes that it constitutes or contains evidence of—ithe commission of an offence under this Act, oriithe breach of a term or condition of a licence issued under this Act;fremove 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.2The Secretary of State may by regulations make provision about the treatment of —acopies supplied under subsection (1)(d), andbthings removed under subsection (1)(e) or (f).3Regulations under subsection (2) may, in particular, make provision—aabout the retention, use, return, disposal or destruction of anything supplied or removed;bconferring a right of appeal.4The Secretary of State may by regulations make provision about the procedure to be followed in the exercise of a power under this section.5Nothing 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.).6A 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).7Subsection (6) does not apply as respects the exercise of a power in relation to Scotland.Dwellings3181A power under this Part to enter premises without a warrant does not apply in relation to a dwelling.2A 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—athat, 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, andbthat at least one of the conditions in subsection (3) is satisfied.3Those conditions are—athat admission to the premises has been refused,bthat admission to the premises is likely to be refused unless a warrant is produced,cthat 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, anddthat there is likely to be nobody at the premises capable of granting admission.4A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—athat notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, orbthat the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).5A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.6In 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.Records3191A 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.2A 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.3A warrant may be granted under subsection (2) only if the justice of the peace is satisfied—athat notice has been given to a person in control of the records of intent to apply for a warrant, orbthat the purpose of exercising the power of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).4A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.Timing320A power under or by virtue of this Part may be exercised only at a reasonable time.Evidence of authorisation321An enforcement officer or authorised person seeking to exercise a power under or by virtue of this Part must produce evidence of his identity and authority to a person (if there is one) who appears to the enforcement officer or authorised person to be occupying the relevant premises or to have responsibility for their management.Information3221The Secretary of State shall make regulations requiring a person who exercises a power under or by virtue of this Part to provide information about the power and its exercise.2Regulations under subsection (1) shall, in particular, make provision about—athe information to be provided (which may include ancillary information about a provision of this Act or another enactment or about a rule of law);bthe form and manner in which the information is to be provided;cthe person to whom, or the place at which, the information is to be provided (which may, in particular, include provision for the supply of a copy if requested by a person within a specified class);dtiming.3A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part shall comply with any relevant provision of regulations under this section.Use of force3231A constable may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of this Part.2An enforcement officer may use reasonable force for the purpose of entering premises in pursuance of a power under or by virtue of section 306 or 307.3An authorised person may use reasonable force for the purpose of entering premises in pursuance of a power under section 307.Person accompanying inspector, &c.324A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may take one or more persons with him.Securing premises after entry325A person who enters premises in reliance on a power under or by virtue of this Part shall take reasonable steps to ensure that when he leaves the premises they are as secure as they were before he entered.Obstruction3261A person commits an offence if without reasonable excuse he obstructs, or fails to cooperate with, a constable, enforcement officer or authorised person who is exercising or seeking to exercise a power under or by virtue of this Part.2A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.S. 304(4)(a) substituted (S.) (1.10.2006) by Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 16(3)S. 313(2) applied (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 64(6)S. 303 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 304 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 309(1) in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 311(1) in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 313(1) in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 317 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 318 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 319 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 320 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 321 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 322 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 323 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 324 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 325 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 326 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)S. 310(1) in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))S. 312(4) in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))S. 310(1) in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)S. 312(4) in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)S. 305 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 306 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 307 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 308 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 309(2) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 310(2) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 311(2) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 312(1)-(3) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 313(2) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 314 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 315 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)S. 316 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)
