Right of entry/offences
Where a warrant is granted by a Justice of the Peace, a Police Constable or authorised officer of a Local Authority may at any reasonable time, enter and inspect any sex establishment in respect of which a licence is for the time being in force with a view to ascertaining various offences.
Offences and penalties
A person who:
- knowingly uses, or knowingly causes or permits the use of, any premises, vehicle, vessel or stall except under, and in accordance with, the terms of a licence
- being the holder of a licence for a sex establishment, employs in the business of the establishment any person known to him to be disqualified from holding such a licence
- being the holder of a licence, or the servant or agent of the holder of a licence, without reasonable excuse knowingly contravenes, or permits the contravention of a term, condition, or restriction specified in the licence
- in connection with an application for the grant, renewal or transfer of a licence, makes a false statement which he knows to be false in any material respect or which he does not believe to be true, shall be guilty of an offence
- without reasonable excuse knowingly permits a person under the age of 18 years of age to enter an establishment
- employs a person known to him to be under 18 years of age in the business of the establishment
- shall be guilty of an offence liable on summary conviction to a fine not exceeding £20,000
A person who fails to keep exhibited a copy of the licence and any conditions at a premises shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale (currently £1000).
A person who, without reasonable excuse, refuses to permit a Constable or authorised officer to exercise their power of entry under warrant, shall for every such refusal be liable on summary conviction to a fine not exceeding level 5 of the standard scale (currently £5000).
Where a licence is revoked, its holder shall be disqualified from holding or obtaining a licence in Breckland for a period of 12 months beginning with the date of revocation.
Offences by bodies corporate
Where an offence committed by a body corporate is proved to have been committed with consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate, shall be guilty of the offence.
Where the affairs of a body corporate area managed by its members, the above situation shall apply to the acts and defaults of a member in connection with his function of management as if he were a director of the body corporate.
Last updated: 11/06/2020 11:14:38