LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 68 Search warrant.

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LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 68

Search warrant.

68.(1) Where a justice of the peace is satisfied by complaint on oath that
there is reasonable ground for believing that any intoxicating liquor is sold
by retail or made available for purchase by retail by any person at any place
in the county [court division] for which he is justice and that

(a)that person is not the holder of a licence; or

(b)that place is not a place where that liquor may be lawfully sold by retail;
or

(c)that liquor is of a kind such as is mentioned in section 53(1),

(i)to enter that place, by force if need be; and

(ii)to search that place for intoxicating liquor; and

(iii)on tender of a reasonable price to obtain for analysis samples of any
intoxicating liquor or any liquid found in that place which is suspected of
being intoxicating liquor; and

(iv)where the constable has reasonable grounds for suspecting any liquor found
therein to be in that place for the purpose of unlawful sale there or
elsewhere, or for any purpose in contravention of section 53, or where the
sale to him, authorised under paragraph (iii), of samples of any liquor or
liquid is refused, or the price demanded is unreasonable, to seize and remove
any such liquor or liquid and its containers.

(2) If any person, himself or by his servant or agent or any other person
acting with his knowledge or consent, fails or unreasonably delays to admit a
constable executing a warrant issued under this section, he shall be guilty of
an offence and shall be liable on summary conviction to a fine not exceeding
#100.

(3) In any proceedings for an offence under subsection (2) the burden of
proving that any delay in admitting was reasonable shall lie upon the
defendant.

(4) In this section "place" includes "premises."

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Northern Irish Legislation

LICENSING ACT (NORTHERN IRELAND) 1971 - SECT 68