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REGULATED SUBSTANCES ACT
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84.   Inspection of proposed premises and licensed premises

Revised Laws of Saint Lucia (2023)

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PART 5
ENFORCEMENT

Division 1

Inspection

84.   Inspection of proposed premises and licensed premises

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    (1)   For the purposes of monitoring compliance with the conditions of a licence, the Authority may cause an inspection of any land or premises to be carried out.

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    (2)   In carrying out an inspection under subsection (1), an inspector may, for the purposes of obtaining information, with the consent of the owner of the premises or licensed premises —

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      (a)     at reasonable hours, enter, search and inspect, take samples from the premises, a place or a vehicle where there are reasonable grounds to believe that any trade, business or activity which is or may be subject to a licence under this Part, is being or has been, carried on, or that documents relating to the trade, business or activity are kept;

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      (b)     inspect and take copies of or extracts from documents, files, papers or electronic information system on, at or in the premises, place or vehicle, including, in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form;

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      (c)     remove and retain information for such periods as may be reasonable for future examination;

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      (d)     secure for later inspection licensed premises, or part of licensed premises or a place or a vehicle on, at or in which such substances or information are kept or there are reasonable grounds for believing that such substances or information is kept;

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      (e)     require a person carrying on a trade, business or activity or a person employed in a trade, business or activity to produce to him or her information and where the information is kept in a non-legible form, to reproduce them in a legible form or to provide him or her with information as the inspector may reasonably require in relation to an entry in the information;

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      (f)     take for analysis sufficient samples of regulated substances relevant to the inspection;

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      (g)     require a person to give to the inspector information which the inspector may reasonably require in respect of such trade, business or activity or in respect of the persons carrying on such trade, business or activity or employed in connection with such trade, business or activity;

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      (h)     require a person by or on whose behalf data equipment is or has been used or a person having charge of, or otherwise concerned with the operation of the data equipment of any associated apparatus or substance, to afford the inspector all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or substances;

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      (i)     require, at any reasonable time, any other person employed in connection with a trade, business or activity to give to the inspector, any information which the inspector may reasonably require in relation to a trade, business or activity and to produce to the inspector information which are in the control of that other person; or

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      (j)     require a person who would be required or authorized to give a report, if the licence were to be issued, to submit to an interview for the purpose of assessing the person's capability to provide the report;

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      (k)     have photographs and videos taken of anything on, at or in the licensed premises, place or vehicle for the purpose of an inspection;

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      (l)     conduct inspections with or without notice and carry out any other such examination as may be necessary to verify compliance with the provisions of this Act.

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    (3)   An inspector, when exercising a function under this section may be accompanied by a police officer, subject expert or other person as authorized by the Authority.

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    (4)   A person shall not be required under this section to answer questions or give evidence tending to incriminate himself or herself.

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    (5)   Where an inspector, in the exercise of his or her functions under this section, is not allowed to enter the licensed premises, a place or vehicle, an application may be made for a warrant under section 85 authorizing such entry.

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    (6)   An inspector shall not, other than with the consent of the occupier, enter a private dwelling without a warrant from the Magistrate under section 85(2).

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    (7)   A person shall not knowingly make a misrepresentation to an inspector of any fact or circumstances relating to the use of a regulated substance.

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    (8)   After conducting an inspection under this section, an inspector shall submit a report of the inspection to the Authority, together with the photographs, copies, extracts and results of any samples taken.

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    (9)   In a case where the owner, operator or person in charge of the premises denies an inspector entry into the premises under this section, sections 85 and 86 apply.

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