Existing licensing powers of entry to remain unchanged, says Home Office

The Home Office has decided to maintain the existing powers of entry under the Licensing Act, following a review into the measures.

It means a police officer or “authorized person” will still be able to enter and inspect licensed premises before granting a licence or variation of a licence or to assess the likely effect of a Temporary Event Notice on the “promotion of the crime prevention objective”.

Officers will also still be able to enter and inspect premises where there is “reasonable cause” to believe an offence under the Act has been, is being or is about to be committed, and may, if necessary, use “reasonable force”.

The Government department said it decided to maintain the powers after there was a consensus that any change would “undermine enforcement activity”. It added that the powers are “proportionate” and “important tools” in safeguarding the public.

This review is distinct from the Government’s ongoing consultation on a Code of Practice for Powers of Entry, which proposes that licensing authorities that want to visit pubs will be expected to give at least 48 hours’ notice and clearly explain the reasons for the visit. The Government said the Code would be introduced this year but the trade is still waiting on a date for its implementation.

View the full Home Office report here.