The Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007

Cancellation and variation of permit

16.—(1) The Licensing Board which issued a permit may cancel it, or may vary the number or category (or both) of gaming machines authorised by it, if the Board thinks 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 the Act has been committed on the premises.

(2) Before cancelling or varying a permit under this regulation, a Licensing Board must–

(a) give the permit holder at least 21 days' notice of the Board’s intention to consider cancelling or varying the permit,

(b) consider any representations made by the holder; and

(c) hold a hearing if the holder requests one.

(3) If a Licensing Board cancels or varies a permit under this regulation, it 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) A cancellation or variation under this regulation is not to take effect until–

(a) the period specified in regulation 21(2)(b) has expired without an appeal being brought; or

(b) any appeal brought has been determined.