Refusal of entry - warrant application
Where a Council Officer is refused entry to the premises to conduct the investigation the council can make application to the Sheriff to seek a Warrant of Entry under Section 37. In the first instance and in accordance with the principles of the Act there is a need to consider how entry may be achieved without the need for an application for a warrant. An application should only be made where there is evidence of no suitable alternative or the alternative fails.
A Warrant for Entry authorises a Council Officer to visit any place specified in the warrant accompanied by a Police Constable. If the Council Officer needs to open any lock fast place, it is the responsibility of the council, in most cases the Council Officer, to take all reasonable steps to ensure that the person’s property and premises are left secured and consideration must be given to the use of a joiner to assist with entry and securing premises.