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Gambling Act 2005

Sections 195 & 196: Reinstatement

501.For a period of 6 months beginning with the day on which the premises licence lapses, a person may apply for the licence to be reinstated in their name, instead of the person whose name is on the lapsed licence. The licence, or a statement of why the licence cannot be provided (along with an application for a copy of the licence), must accompany the application. The person seeking reinstatement must hold a relevant operating licence (except in the case of except in the case of betting premises licences in respect of tracks) in order for the licensing authority to be able to grant transfer. The requirements for licence applications are set out in section 159.

502.Regulations may be made requiring the applicant for reinstatement to publish or give notice of his application to certain specified (but not all) responsible authorities. A responsible authority may make representations about the application to the licensing authority.

503.The provisions in this Part relating to applications for premises licences apply to applications for reinstatement with any necessary modifications. The licensing authority will grant the application for reinstatement, unless they conclude that it would be wrong to do so, taking account of representations made by responsible authorities. On grant of the application, the licensing authority must alter the licence so that the applicant becomes the licensee; must specify that reinstatement take effect at the time when the application is granted; and must make any other alteration to the licence that they deem necessary.

504.An applicant shall be treated as being the licensee during the period between the application for reinstatement being received by the licensing authority and the determination of that application.

505.There is a right of appeal against the decision of the licensing authority to accept or reject an application for reinstatement under section 206.

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