APLH - Award for Personal Licence Holders Rights of Entry Questions and Answers — Questions and Answers
Question 1: An officer from the local fire and rescue authority wishes to inspect a nightclub to check fire safety compliance as it relates to the licensing objectives. Under what conditions do they have the right of entry?
- At any reasonable time, upon producing their authorisation if requested. (Correct answer)
- Only when accompanied by a police constable.
- They must first obtain a court order to enter the premises.
- Only during a pre-arranged appointment with the Designated Premises Supervisor.
Correct answer: At any reasonable time, upon producing their authorisation if requested.
Under Section 179 of the Licensing Act 2003, an 'authorised person', which includes an officer from the fire authority, can enter a licensed premises at any reasonable time to check if licensable activities are being carried on in accordance with the licence and to assess the promotion of the licensing objectives (e.g., public safety). They are not required to be with the police or have a court order, but they must produce evidence of their authority if asked.
Question 2: Which of the following individuals would NOT be considered an 'authorised person' with statutory rights of entry to licensed premises under the Licensing Act 2003 for the purpose of checking compliance?
- An environmental health officer.
- A member of the public who has made a complaint about noise. (Correct answer)
- An officer of the licensing authority.
- A police constable.
Correct answer: A member of the public who has made a complaint about noise.
'Authorised persons' are specifically defined by the Act and include police constables, licensing authority officers, and officers from responsible authorities like environmental health and the fire service. A member of the public does not have any statutory right of entry, although their complaint may prompt a visit from an authorised person.
Question 3: A police constable has reasonable cause to believe a serious offence under the Licensing Act 2003 is being committed inside a locked licensed premises after hours. They are refused entry. What level of force can the constable use to gain entry?
- No force is permitted; they must wait for the DPS to arrive with a key.
- Force can only be used if they have obtained a specific warrant authorising it.
- Such reasonable force as may be required. (Correct answer)
- Any level of force, including breaking down the door, without restriction.
Correct answer: Such reasonable force as may be required.
Section 179(3) and Section 180(2) of the Licensing Act 2003 explicitly state that a constable exercising their power of entry may, if necessary, use reasonable force. This power does not require a warrant in this context, but the force used must be proportionate and necessary for the purpose of gaining entry.
Question 4: A personal licence holder is managing a bar when a licensing officer arrives to conduct a lawful inspection. The manager deliberately provides incorrect information and blocks access to the cellar. What offence has the manager most likely committed?
- Breach of the peace.
- Perverting the course of justice.
- Assault on an authorised officer.
- Intentionally obstructing an authorised person. (Correct answer)
Correct answer: Intentionally obstructing an authorised person.
Section 179(4) of the Licensing Act 2003 makes it a specific offence to intentionally obstruct an authorised person (such as a licensing officer or police constable) who is exercising a power under this section, including the right of entry and inspection. This is a summary offence liable to a fine.
Question 5: An environmental health officer enters a pub at 11:00 am using their powers under the Licensing Act 2003. What is the primary purpose for which they can exercise this right of entry?
- To determine whether licensable activities are being carried on in accordance with the premises licence. (Correct answer)
- To investigate a staff member's employment contract and immigration status.
- To conduct a general survey of customer satisfaction and menu pricing.
- To check the premises' private accounts and tax records.
Correct answer: To determine whether licensable activities are being carried on in accordance with the premises licence.
The power of entry for an authorised person under Section 179 of the Licensing Act 2003 is specifically for determining if licensable activities are being conducted in line with the authorisation and to assess how the four licensing objectives are being promoted. Other matters, such as tax or specific employment issues (though immigration status can be checked by Immigration Officers under the same Act), are generally covered by different legislation and powers of entry.
Question 6: Under Section 179 of the Licensing Act 2003, when does a police constable have the power to enter a licensed premises?
- Only when they have obtained a warrant from a magistrates' court.
- When they have reason to believe that any premises are being, or are about to be, used for a licensable activity. (Correct answer)
- At any time without reason, as part of routine patrols.
- Only when invited onto the premises by the Designated Premises Supervisor or a member of staff.
Correct answer: When they have reason to believe that any premises are being, or are about to be, used for a licensable activity.
Section 179(1) of the Licensing Act 2003 states that a constable may enter premises where they have reason to believe a licensable activity is being, or is about to be, carried on, with a view to seeing whether it is being conducted in accordance with an authorisation. This is a proactive power and does not require a warrant, an invitation, or the commission of an offence.
APLH - Award for Personal Licence Holders Rights of Entry Questions and Answers
An officer from the local fire and rescue authority wishes to inspect a nightclub to check fire safety compliance as it relates to the licensing objectives.
Under what conditions do they have the right of entry?