Licensing Act 2003

Gaming Act 1968 (c. 65)

This sectionnoteType=Explanatory Notes has no associated

52(1)Schedule 9 (permits in respect of amusement machine premises) is amended as follows.

(2)In paragraph 1 (interpretation), for paragraph (a) substitute—

(a)in relation to any premises in England and Wales in respect of which there is in force a premises licence authorising the supply of alcohol for consumption on the premises, means the relevant licensing authority in relation to those premises;.

(3)After that paragraph, insert—

1AA function conferred by this Schedule on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.

(4)In paragraph 10A (condition in case of licensed premises, etc. that amusement machine must be located in a bar), in sub-paragraph (2)(a), for “has the same meaning as in the Licensing Act 1964” substitute “means any place which, by virtue of a premises licence, may be used for the supply of alcohol and which is exclusively or mainly used for the supply and consumption of alcohol”.

(5)In paragraph 11—

(a)in sub-paragraphs (2) and (3) (appeals), for “proper officer of” substitute “clerk to”, and

(b)omit sub-paragraph (5).

(6)Omit paragraph 14 (payment of indemnity out of central funds).

(7)In paragraph 21 (fees), for “proper officer” substitute “clerk”.

(8)For paragraph 23 (interpretation of expressions relating to licensing) substitute—

23In this Schedule—

  • “alcohol”, “licensing authority” and “premises licence” have the same meaning as in the Licensing Act 2003;

  • “hotel licence” and “public house licence” have the same meaning as in Schedule 1 to the Licensing (Scotland) Act 1976;

  • “relevant licensing authority”, in relation to premises in respect of which a premises licence is in force, means the authority determined in relation to those premises in accordance with section 12 of the Licensing Act 2003; and

  • “supply of alcohol” is to be construed in accordance with section 14 of that Act.

(9)Omit paragraph 24 (proper officer of an appropriate authority).