The powers library26 of 59 Entry, search and seizure

Entry to investigate licensable activities

ss.179–180Licensing Act 2003

Lets a constable enter premises without a warrant to check that licensable activities are licensed and run within the rules, and to enter and search premises for offences under the Licensing Act 2003.

Entry to investigate licensable activities · Licensing Act 2003, ss.179–180Card 26 / 59

When you can use it

s.179(1)Reason to believe the premises are being, or are about to be, used for a licensable activity
Licensable activities (s.1(1))Retail sale of alcohol, club supply of alcohol to members, regulated entertainment, late night refreshment
PurposeTo see whether the activity is, or will be, carried on under and in accordance with an authorisation
s.179(7)Does not apply where the only authorisation is a club premises certificate
s.180(1)Reason to believe an offence under the Act has been, is being or is about to be committed on the premises
Reasonable force only if necessary (ss.179(3), 180(2))

What it allows

s.179 – enter the premises to inspect. It is not a general power to search.
s.180 – enter and search the premises for evidence of a Licensing Act offence.
No warrant or consent is needed, and neither section limits the time of entry.
Reasonable force may be used if necessary.

Key definitions

Authorisation – s.179(6): a premises licence, a club premises certificate, or a temporary event notice that meets the conditions in s.98(2) to (4).
Authorised person – s.179(6): an authorised person under Part 3 or 4 of the Act (such as a licensing authority officer), or an authorised officer under s.108(5).
Used – s.1(6): premises are used for a licensable activity if it is carried on on or from them.
Reason to believe – the wording used in both sections. It is belief, not suspicion, that the Act requires.

Safeguards

An authorised person must show evidence of their authority if asked (s.179(2)). That duty does not apply to a constable.
PACE Code B does not apply to a s.179 inspection unless the officer has reasonable grounds to suspect an offence (para 2.5). It does apply to a s.180 search (para 2.3(d)).
Under Code B the officer must explain their authority and ask for entry unless an exception applies (para 6.4). They must also identify themselves and give the purpose and grounds (para 6.5), give a Notice of Powers and Rights (para 6.7), and make a search record (para 8.1).
Searches must cause no more disturbance than necessary (Code B para 6.10).

Good to know

Club-only premises: use s.97, which needs reasonable cause to believe that drug or psychoactive substance supply offences, or a likely breach of the peace, are involved.
s.108 gives a separate power to enter, at any reasonable time, premises covered by a temporary event notice, to assess its likely effect on the crime prevention objective.
Exam trap: the s.179(4) obstruction offence (level 3 fine) protects authorised persons and immigration officers only. Obstructing a constable is charged under s.89(2) Police Act 1996.
Immigration officers have their own entry power under s.179(1A) for premises selling alcohol or providing late night refreshment (Immigration Act 2016, in force 6 April 2017).

Legislation: Licensing Act 2003, ss.179–180 (opens legislation.gov.uk in a new tab)
Who can use it: A constable or authorised person (s.180 – constable only)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Entry to investigate licensable activities: questions people ask

When can the police use entry to investigate licensable activities?

1. Reason to believe the premises are being, or are about to be, used for a licensable activity 2. Retail sale of alcohol, club supply of alcohol to members, regulated entertainment, late night refreshment 3. To see whether the activity is, or will be, carried on under and in accordance with an authorisation 4. Does not apply where the only authorisation is a club premises certificate 5. Reason to believe an offence under the Act has been, is being or is about to be committed on the premises 6. Reasonable force only if necessary (ss.179(3), 180(2))

Who can use entry to investigate licensable activities?

A constable or authorised person (s.180 – constable only)

What law gives the power for entry to investigate licensable activities?

Licensing Act 2003, ss.179–180.

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