Modifications etc. (not altering text)
C1Sch. 9: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B(9)
7E+W+SWhere an application for the grant or renewal of a permit is made to a local authority, then if—
(a)there is for the time being in force a resolution passed by that authority as mentioned in sub-paragraph (a) or sub-paragraph (b) of paragraph 3 of this Schedule which is applicable to the premises to which the application relates, and
(b)the permit could not be granted or renewed without contravening that resolution,
it shall be the duty of the authority to refuse to grant or renew the permit.
8(1)In the case of premises to which paragraph 4 of this Schedule applies—E+W+S
(a)the grant of a permit shall be at the discretion of the appropriate authority; but
(b)the appropriate authority shall not refuse to renew a permit except
[F1F2(i)] on the grounds that [F3, while the permit has been in force,] they or their authorised representatives have been refused reasonable facilities to inspect the premises
[F1(ii)where the permit is expressed to be granted for the purposes of section 34(5E) of this Act, on the grounds that the condition specified in paragraph (a) of sub-paragraph (3) of paragraph 10B of this Schedule or, as the case may be, any of the conditions specified in paragraph (b) of that sub-paragraph has not been complied with to their satisfaction,]
or [F4(iii)] by reason of the conditions or manner in which machines to which Part III of this Act applies have been used on the premises, or any other amusements have been provided or conducted on the premises, while the permit has been in force.
[F5(1A)Where an application for the grant of a permit for the purposes of subsection (5E) of section 34 is made in respect of premises in respect of which the applicant holds a permit under that section which is expressed to be granted for the purposes of subsection (1) of that section, the appropriate authority may only refuse to grant the permit if they would have grounds for refusing an application to renew the existing permit.
(1B)Where an application for the grant of a permit for the purposes of subsection (1) of section 34 is made in respect of premises in respect of which the applicant holds a permit under that section which is expressed to be granted for the purposes of subsection (5E) of that section, the appropriate authority may only refuse to grant the permit if they would have grounds for refusing an application to renew the existing permit were it expressed to be granted for the purposes of subsection (1) of that section.]
(2)In the case of premises other than premises to which paragraph 4 of this Schedule applies, the grant or renewal of a permit shall (subject to paragraph 7 of this Schedule) be at the discretion of the appropriate authority; and in particular, and without prejudice to the generality of that discretion, the appropriate authority may refuse to grant or renew any such permit on the grounds that, by reason of the purposes for which, or the persons by whom, or any circumstances in which, the premises are or are to be used, it is undesirable that machines to which Part III of this Act applies should be used for providing amusements on those premises.
(3)The preceding provisions of this paragraph shall have effect subject to section 34(7) of this Act.
Textual Amendments
F1Sch. 9 para. 8(1)(b)(ii) inserted (20.6.1996) by S.I. 1996/1359, art. 9(3)(c)
F2Word in Sch. 9 para. 8(1)(b) substituted (20.6.1996) by S.I. 1996/1359, art. 9(3)(a)
F3Words in Sch. 9 para. 8(1)(b) inserted (20.6.1996) by S.I. 1996/1359, art. 9(3)(b)
F4Word in Sch. 9 para. 8(1)(b) inserted (20.6.1996) by S.I. 1996/1359, art. 9(3)(d)
F5Sch. 9 para. 8(1A)(1B) inserted (20.6.1996) by S.I. 1996/1359, art. 9(4)