SCHEDULES

C3SCHEDULE 13Licensed Premises Gaming Machine Permits

Annotations:
Modifications etc. (not altering text)

Cancellation and forfeiture

C3C1I1I416

1

The licensing authority which issued a permit may cancel it, or may vary the number or category (or both) of gaming machines authorised by it, if they think that—

a

it would not be reasonably consistent with pursuit of the licensing objectives for the permit to continue to have effect,

b

gaming has taken place on the premises in purported reliance on the permit but otherwise than in accordance with the permit or a condition of the permit,

c

the premises are mainly used or to be used for making gaming machines available, or

d

an offence under this Act has been committed on the premises.

2

Before cancelling or varying a permit under this paragraph a licensing authority shall—

a

give the permit holder at least 21 days' notice of the authority's intention to consider cancelling or varying the permit,

b

consider any representations made by the holder,

c

hold a hearing if the holder requests one, and

d

comply with any prescribed requirements for the procedure to be followed in considering whether to cancel or vary a permit.

3

If a licensing authority cancel or vary a permit under this paragraph they shall as soon as is reasonably practicable give notice of the cancellation or variation and the reasons for it to—

a

the permit holder, and

b

the Commission.

4

The cancellation or variation of a permit shall not take effect until—

a

the period specified in paragraph 21(2)(c) has expired without an appeal being brought, or

b

any appeal brought has been determined.

I2I517

1

The licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 9.

2

But a licensing authority may disapply sub-paragraph (1) if they think that a failure to pay is attributable to administrative error.

C3C2I3I618

1

Where a permit holder, or the officer of a permit holder, is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit.

2

Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—

a

the court which orders forfeiture,

b

a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

c

the High Court, if hearing proceedings relating to the conviction.

3

Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.

4

The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the permit holder deliver to the licensing authority within such time as the order may specify—

a

the permit, or

b

a statement explaining why it is not reasonably practicable to produce the permit.

5

As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.