Paragraph 25
A constable may, at any reasonable time, enter and inspect any sex establishment in respect of which a licence under this Schedule is for the time being in force, with a view to seeing—
whether the terms, conditions or restrictions on or subject to which the licence is held are complied with;
whether any person employed in the business of the establishment is disqualified from holding a licence under this Schedule;
whether any person under 18 years of age is in the establishment; and
whether any person under that age is employed in the business of the establishment.
Subject to sub-paragraph (4) below, a constable may enter and inspect a sex establishment if he has reason to suspect that an offence under paragraph 20, 21 or 23 above has been, is being, or is about to be committed in relation to it.
An authorised officer of a local authority may exercise the powers conferred by sub-paragraphs (1) and (2) above in relation to a sex establishment in the local authority’s area.
No power conferred by sub-paragraph (2) above may be exercised by a constable or an authorised officer of a local authority unless he has been authorised to exercise it by a warrant granted by a justice of the peace.
Where an authorised officer of a local authority exercises any such power, he shall produce his authority if required to do so by the occupier of the premises or the person in charge of the vehicle, vessel or stall in relation to which the power is exercised.
Any person who without reasonable excuse refuses to permit a constable or an authorised officer of a local authority to exercise any such power shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.
Annotations
Textual amendments
- F1
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Notes on Schedule 3
Modifications
- C1
Sch. 3 applied (24.7.1996) by City of Westminster Act 1996 (c. viii), s. 3(1)
Sch. 3: functions of local authority not to be the responsibility of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
- C2
Sch. 3: power to apply with amendments (including the insertion of a new Sch. 3 para. 3A) conferred on a borough council (which has resolved, in accordance with s. 2 of this Act, that Sch. 3 shall apply to their area) by Greater London Council (General Powers) Act 1986 (c. iv), s. 12(1)(4) (coming into force in accordance with s. 12(2)(3)); and in Sch. 3 para. 3A, as so applied by a participating council, proviso (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1
- C3
Sch. 3: power to apply with further amendments (including the insertion of a new Sch. 3 para. 3B) conferred on the City of Westminster and on any other borough council (which has resolved that Sch. 3 shall apply to their area with the amendments contained in 1986 c. iv, s. 12) by London Local Authorities Act 2007 (c. ii), s. 33(2)-(7) (coming into force in accordance with ss. 1(4), 3, 33(1)) (as modified (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 4(1)-(6) (with savings in arts. 4(7)-(9))
- C4
Sch. 3: power to apply with the amendments made by 2009 c. 26, s. 27 (which amendments would otherwise be excluded) conferred (6.4.2010 for E., 8.5.2010 for W.) on a local authority (where that authority has, before the coming into force of 2009 c. 26, s. 27, resolved under s. 2 of this Act that Sch. 3 is to apply to the area of the local authority) by Policing and Crime Act 2009 (c. 26), ss. 27, 116(4), Sch. 3 para. 2; S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b)
- C5
Sch. 3, so far as its provisions have effect by virtue of 1986 c. iv, s. 12, is repealed (with savings) (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 2(1) (with arts. 2(2)-(6))