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LIQUOR LICENCE ACT 1974

PART V MISCELLANEOUS AND GENERAL

Inspection of licensed premises by Commissioner of Police

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It shall be the duty of the Commissioner of Police to inspect every licensed premises

at least once in every six months and to report in writing to the chairman at each regular annual meeting whether, in his opinion, such licensed premises are or are not being used

or maintained in accordance with this Act.

Power of police to enter licensed premises, etc

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(1) Any police officer when on duty may, for the purpose of preventing or detecting

the commission of any offence against this Act, at all times enter any licensed premises, or any restaurant, eating house, dance hall, or place of public entertainment in respect of which no licence is in force, and may remain on such premises for so long as he may deem necessary for the carrying out of his duties.

(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 police officer demanding to enter in pursuance of this section, he commits an offence:

Punishment on summary conviction: a fine of $200.

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

Powers of search

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(1) Any magistrate having reason to believe, from the information or evidence upon

oath of any credible person, that an intoxicating liquor is being unlawfully sold or kept for sale in any premises which are not licensed premises may issue a warrant to any police officer, authorizing him, with or without assistants, to enter and search those premises at any hour by day or night, for the purpose of ascertaining whether an offence under this Act

is being or has been committed.

(2) If, upon such search, any intoxicating liquor is found in such quantities or under such circumstances as to satisfy the police officer that it is kept for the purpose of unlawful sale, then he, and any person assistant to him, shall seize and carry away or otherwise secure the intoxicating liquor.

(3) If upon a hearing before a court of summary jurisdiction the court adjudges and determines that such intoxicating liquor has been kept for the purpose of unlawful sale, then the court may adjudge the liquor to be forfeited.

(4) Intoxicating liquor adjudged to be forfeited shall be sold in such manner as the court shall direct and the net proceeds from such sales shall be paid into the Consolidated Fund.

(5) Before a hearing under subsection (3), every person who is, or who appears to the police officer to be the owner of such intoxicating liquor shall be summoned to appear at such hearing.

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