The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006

Gaming Act 1968: grant of permits under section 34 on or after 1st September 2007

11.—(1) This paragraph applies to an application for a permit under section 34 of the 1968 Act in respect of amusement machine premises which is not determined before 1st September 2007.

(2) A permit under section 34 of the 1968 Act may only be granted on such an application if—

(a) the applicant is applying for a premises licence under Part 8 of the 2005 Act, or a family entertainment centre gaming machine permit(1), in respect of the same or substantially the same premises as those in respect of which the permit under section 34 of the 1968 Act has effect, and

(b) he qualifies for the purposes of that application as the existing premises operator, or (as the case may be) the existing family entertainment centre operator, in relation to the premises because he is applying for the permit under section 34 of the 1968 Act.

(3) Where a permit under section 34 of the 1968 Act is granted in accordance with sub-paragraph (2)—

(a) it is only to have effect for the purposes of, as the case may be—

(i) Part 7 of this Schedule (which provides for the conversion of licences and permits etc. under enactments to be repealed by the 2005 Act into premises licences under that Act), or

(ii) Part 10 of this Schedule (which provides for the conversion of permits under section 34 of the 1968 Act into family entertainment centre gaming machine permits); and

(b) it is to cease to have effect when the application for a premises licence, or a family entertainment centre gaming machine permit, referred to in sub-paragraph (2) is determined or withdrawn.

(1)

See section 247(2) of the 2005 Act.