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Powers of authorised officers
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172. (1) For the purposes of this Act, an authorised officer may exercise any of the following powers:
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(a) enter (if necessary by the use of reasonable force) and inspect, at any reasonable time, any premises—
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(i) specified in a licence,
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(ii) not specified in a licence but at which he or she has reasonable grounds for believing that a relevant activity is being undertaken, or
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(iii) at which he or she has reasonable grounds for believing that books, records or other documents relating to relevant activities are kept;
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(b) require any person on the premises referred to in paragraph (a) to produce any books, records or other documents relating to relevant activities;
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(c) secure for inspection—
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(i) any books, records or other documents relating to relevant activities, or
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(ii) any premises (or part thereof) in which books, records or other documents relating to relevant activities are kept;
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(d) make plans or take photographs or video or other recordings of the premises or any part thereof.
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(2) An authorised officer shall not enter a dwelling, other than—
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(a) with the consent of the occupier, or
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(b) pursuant to a warrant under subsection (3).
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(3) Upon the sworn information of an authorised officer, a judge of the District Court may, for the purposes of enabling an authorised officer to carry out an inspection under subsection (1), issue a warrant authorising a named authorised officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by the use of reasonable force) the dwelling and perform the functions of an authorised officer under subsection (1).
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(4) A person shall not—
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(a) obstruct or interfere with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act, section 31 of the Act of 2015 or a warrant under subsection (3), or
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(b) fail or refuse to comply with a request or requirement of, or to answer a question asked by, an authorised officer, or in purported compliance with such request or requirement or in answer to such question, give information to an authorised officer that he or she knows to be false or misleading in a material particular.
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(5) Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under this Act, the authorised officer may require that person to provide him or her with his or her name and the address at which they ordinarily reside and the person shall comply with that requirement.
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(6) Nothing in the Act of 2015 or this Act shall be construed to prevent—
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(a) an authorised officer from being appointed as an authorised person under section 30 of the Act of 2015, or
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(b) an authorised person under section 30 of the Act of 2015 from being appointed as an authorised officer.
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