Statement on Entry

An Authorised Local Authority Officer, when visiting premises, must provide a ‘statement on entry’ which can be either verbal or written and must include specific information. The “statement on entry” should be communicated as soon as reasonably practicable to the person who appears to the Officer to be the occupier of the premises or have responsibility for their management at the time of the inspection.  To fulfil the statutory requirements, a written notice is included within the “Premises Information” templates.

Questioning

If a person at the premises refuses to answer a question posed by the Authorised Local Authority Officer then the Officer must verbally inform the person as follows:

“I am required to inform you that this question is being asked under the powers provided for in Section 317(1)(b) of the Gambling Act 2005 and that it is an offence under Section 326 if, without reasonable excuse, a person obstructs or fails to co-operate with the officer who is exercising or seeking to exercise a power under, or by virtue of Part 15 of the Gambling Act 2005.”

It is suggested (it is not required by the legislation) that this statement is explained with the following words:

“I am empowered by the Gambling Act 2005 to ask questions of any person on these licensed premises where it relates to assessing whether there is compliance with the provisions of the Gambling Act 2005, or to assess whether an offence under the Act is being committed.  If that person obstructs or fails to co-operate with me whilst I am doing this, then an offence is being committed under the Act” 

It might be useful to add:

“The maximum penalty on summary conviction for this offence is a fine of level 3 on the standard scale which is £1000.”

Evidence of Identity

The Authorised Local Authority Officer must provide evidence of their identity and authority to a person who appears to the Officer to be the occupier of the premises or have responsibility for their management at the time of the inspection.  Any person accompanying an Authorised Local Authority Officer must also provide evidence of their identity (Gambling Act 2005 Section 321 and SI 2007 / 319 paragraph 3).

Written Record of Inspection

As detailed above, listed persons may request (in writing) that the Council provides them with a written record of the inspection.  This must be provided as soon as reasonably practicable and must contain the following information as specified in SI 2007/319 paragraph 6:

  • the address of the premises visited;
  • the name of the Authorised Local Authority Officer(s) who visited;
  • the date and time the Officer entered the premises;
  • the power(s) exercised to enter the premises;
  • the part(s) of the premises, equipment and records inspected;
  • details of anything that was removed from the premises.

 

We have produced a template named “Request for a Written Record of the Inspection”* which can be utilised to fulfil this purpose.