48(1)Where the holder of a licence under this Act in respect of any premises is convicted of an offence under Schedule 3 to the M1Finance Act 1966 in respect of a contravention of [F1section 13 of that Act or of an offence under [F2Section 15 or 24 of the Betting and Gaming Duties Act 1981 or paragraph 7 of Schedule 2 or paragraph 16 of Schedule 4 to that Act (or under the corresponding provisions of the Betting and Gaming Duties Act 1972 or the corresponding provisions of the enactments consolidated by that Act) [F3or of an offence under paragraph 12 of Schedule 1 to the Finance Act 1997] and the Commissioners]] of Customs and Excise—
(a)certify to the court by or before which he is so convicted that the conviction is a second or subsequent conviction for such an offence committed (whether by the same or by some other person) in relation to gaming on those premises and while the same person has been the holder of a licence under this Act in respect of those premises, and
(b)apply to the court for effect to be given to this sub-paragraph,
that court shall order that the licence under this Act in respect of those premises shall be cancelled.
(2)An order made under this paragraph by a court in England or Wales—
(a)shall not have effect until the end of the period within which notice of appeal against the conviction which gave rise to the order may be given;
(b)if notice of appeal against that conviction is duly given, shall not have effect until the appeal has been determined or abandoned; and
(c)shall not have effect if, on such an appeal, the appeal is allowed.
(3)An order made under this paragraph by a court in Scotland—
(a)shall not have effect until the end of the period of fourteen days beginning with the date on which the order was made;
(b)if an appeal against the conviction which gave rise to the order is begun within that period, shall not have effect until the appeal has been determined or abandoned or deemed to have been abandoned, and
(c)shall not have effect if, on such an appeal, the appeal is allowed.
(4)Where a person is the holder of a licence under this Act, and the licence is cancelled by virtue of an order made under this paragraph, the clerk of the court by which the order was made shall, unless he is also the clerk to the licensing authority, send a copy of the order to the clerk to the licensing authority; and (without prejudice to the renewal of any other licence under this Act held by the same person) the licensing authority shall, notwithstanding anything in the preceding provisions of this Schedule, refuse any application by that person for the grant of a licence under this Act in respect of the same or any other premises if it is made less than twelve months after the date of the order.
Textual Amendments
F1Words substituted by Betting and Gaming Duties Act 1972 (c. 25), s. 29(1), Sch. 5 para. 3
F2Words substituted by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 34(1), Sch. 5 para. 3
F3Words in Sch. 2 para. 48(1) inserted (19.3.1997) by 1997 c. 16, ss. 13(2), 15(2), Sch. 2 Pt. II para. 5(3)
Marginal Citations