Commentary on Sections Part 3.Tobacco and Nicotine Products Chapter 2 - Retailers of Tobacco and Nicotine Products Section 47 - Retained property: appeals
79.This section provides an additional safeguard relating to the powers of entry and inspection provisions. It enables a person with an interest in anything taken away from the premises by an authorised officer under section 44(1)(c) to apply to a magistrates’ court for an order requesting the release of the property. Depending on the court’s consideration of an application, it may make an order requiring the release of the retained property.