Power to enter premises without warrant
129.Paragraph 6 of the schedule enables Trading Standards officers to visit any premises which aren’t used as a private dwelling for the purposes of checking whether an offence is being committed under section 2 or 3. This is broader than the powers of entry conferred in relation to test purchases or observing business as the premises in question don’t have to be open to members of the public.
130.Trading Standard officers are required to give notice, unless the occupier has waived the requirement to give notice or the officer reasonably believes that giving notice would defeat the purpose of entry. Where the premises are occupied, the officer must produce evidence of their identity and provide a document setting out why entry is necessary and indicating the nature of the offence under section 27 (offence of obstructing officer of local weights and measures authority) unless it is not reasonably practicable to do so.