Regulation 11 Powers of an authorised officer

United Kingdom

(1)

An authorised officer (“O”) entering premises under regulation 10 may—

(a)

inspect the premises, and any still and any other plant, machinery or equipment on those premises, and any of the following items found on those premises—

(i)

any spirit drink partly or fully packaged ready for sale;

(ii)

any product purporting to be a spirit drink partly or fully packaged ready for sale;

(iii)

any other liquid that the officer has reasonable grounds for believing is a distillate or drink (including any vessel in which the liquid is found);

(iv)

any raw material or ingredients that may be used to produce any distillate or drink, including colourings and flavourings;

(v)

any mash;

(vi)

any empty container;

(vii)

any label;

(viii)

any packaging;

(ix)

any advertising or promotional materials relating to a drink, or other documentation relating to a distillate or to a drink;

(b)

search the premises;

(c)

take samples;

(d)

carry out any inquiries, examinations or tests;

(e)

have access to, and inspect and copy, any documents or records (in whatever form they are held) relating to matters covered by these Regulations, and remove them to enable them to be copied;

(f)

have access to, and inspect and check the data on, and operation of, any computer, and any associated electronic storage device or apparatus (“computer equipment”) that is, or has been in use in connection with, the documents or records mentioned in sub-paragraph (e), including data relating to deleted files and activity logs; and for this purpose O may require any person having charge of, or otherwise concerned with the operation of, the computer equipment to afford to O such assistance (including the provision of passwords) as O may reasonably require, and, during the course of the checks, O may recover data held on the computer equipment; and

(g)

where a document or record mentioned in sub-paragraph (e) is kept by means of a computer, require the record to be produced in a form in which it may be taken away.

(2)

O may direct a person that the following must be left undisturbed for as long as is reasonably necessary for the purpose of any examination or investigation—

(a)

any one or more of the items mentioned in paragraph (1)(a)(i) to (ix); and

(b)

any premises on or in which any of those items are found.

(3)

A person is guilty of an offence if they fail to comply with a direction given to them by O under paragraph (2).

(4)

O may seize and detain any item of the type mentioned in paragraph (1)(a)(i) to (ix) that O has reason to believe may be required as evidence in proceedings under these Regulations.

(5)

O may seize as liable to destruction any product of the type mentioned in paragraph (1)(a)(i) or (ii)—

(a)

that O reasonably believes contravenes any provision of Regulation (EC) No 110/2008 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part of that Schedule; F1...

F2(aa)

that O reasonably believes contravenes any provision of Regulation (EU) 2019/787 mentioned in column 1 of Part 3 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part of that Schedule; or

(b)

in respect of which O reasonably believes that an offence has been committed under regulation 4(2).

(6)

O may seize any computer equipment for the purpose of copying documents or records of the type mentioned in paragraph (1)(e), and for checking the data on, and operation of, any computer equipment that is, or has been, in use in connection with, those documents or records (and in doing so may recover data), provided it is returned as soon as practicable and, in any event, within 28 days, beginning with the day on which the equipment is seized.

(7)

If O is not able to remove an item, product or computer equipment seized under paragraph (4), (5) or (6) immediately, they may—

(a)

mark it in any way that they see fit; and

(b)

give the person appearing to them to be in charge of the item, product or computer equipment a notice—

(i)

identifying it; and

(ii)

prohibiting the removal of the item, product or computer equipment from the premises on which it was found until it is collected by an authorised officer.

(8)

Any person, other than an authorised officer, who removes any item or product identified under paragraph (7) from the premises on which it was found is guilty of an offence.

(9)

O must not exercise the powers under this regulation except on the production, if so required, of a duly authenticated document showing their authority.

Annotations

Textual amendments

F1: Word in reg. 11(5)(a) omitted (31.10.2019) by virtue of The Spirit Drinks and Scotch Whisky (Amendment) Regulations 2019 (S.I. 2019/1289), regs. 1, 2(6)(a)
F2: Reg. 11(5)(aa) inserted (31.10.2019) by The Spirit Drinks and Scotch Whisky (Amendment) Regulations 2019 (S.I. 2019/1289), regs. 1, 2(6)(b)