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

Continuation of existing licences, permits and certificates on and after 1st September 2007

This section has no associated Explanatory Memorandum

62.—(1) Subject to sub-paragraph (2) and paragraph 55(5), this paragraph and paragraphs 63 and 64 apply where—

(a)a conversion application is made before 31st July 2007;

(b)the applicant is the holder immediately before 1st September 2007 of a licence, permit or certificate of one of the kinds described in paragraph 53 ( referred to in this paragraph and in paragraphs 63 and 64 as “the existing licence, permit or certificate”); and—

(i)it is by virtue of that licence, certificate or permit that he qualifies as the existing premises operator for the purposes of the application, or

(ii)it is by virtue of an application for the grant or transfer of that licence, certificate of permit that he qualifies as the existing premises operator for the purposes of the application;

(c)the licensing authority are under a duty to grant the application by virtue of paragraph 54(4); and

(d)the licensing authority have not issued the premises licence to the applicant before 1st September 2007.

(2) The existing licence, permit or certificate is to continue in force on and after 1st September 2007.

(3) Sub-paragraph (2) is to apply whether or not the existing licence, permit or certificate was due to expire at the end of 31st August 2007.

(4) Where the application for the premises licence is one to which paragraph 59 applies, sub-paragraph (2) is not to apply, or (as the case may be) is to cease to apply, to the existing licence, permit or certificate unless—

(a)the applicant notifies the licensing authority in writing of the grant of the existing licence, permit or certificate before the end of the period of 14 days beginning on the day on which it is granted, and

(b)provides the authority with a copy of the relevant licence, permit or certificate.

(5) Sub-paragraph (4) does not apply where the application for the premises licence is one to which paragraph 61(4) applies.

(6) On and after 1st September 2007—

(a)a casino licence is to have effect to authorise the licensed premises to be used for providing facilities for gambling as if it were a converted casino premises licence;

(b)a bingo club licence is to have effect to authorise the licensed premises to be used for providing facilities for gambling as if it were a bingo premises licence;

(c)a betting office licence under the 1963 Act, a track betting licence under that Act or a certificate of approval under section 13 of that Act is to have effect to authorise the premises to which the licence or certificate relates to be used for providing facilities for gambling as if it were a betting premises licence;

(d)a permit under section 34 of the 1968 Act is to have effect to authorise the premises to which the permit relates to be used for the purposes of providing facilities for gambling as if it were a relevant premises licence.

(7) In sub-paragraph (6)(d) the reference to a relevant premises licence is to—

(a)an adult gaming centre premises licence, if the conversion application is for a adult gaming centre premises licence;

(b)a family entertainment centre premises licence, if the conversion application is for a family entertainment centre premises licence.

(8) On and after 1st September 2007 the existing licence, permit or certificate is to have effect—

(a)subject to any relevant premises licence conditions, and

(b)until the premises licence which is being applied for has been issued or, in a case to which paragraph 60(2)(b)(ii) applies, until the application for transfer under the existing legislation is granted.

(9) In sub-paragraph (8) and in paragraph 64, references to relevant premises licence conditions are to—

(a)any conditions which premises licences of the relevant kind are subject to by virtue of any provision of the 2005 Act (including any provision of that Act as modified by a provision of this Schedule),

(b)any conditions which premises licences of the relevant kind are subject to by virtue of regulations under section 167 of that Act,

(c)any default conditions, and

(d)any conditions attached to the existing licence, permit or certificate under paragraph 64(3).

(10) In sub-paragraph (9)(c) and paragraph 64, references to default conditions are to any conditions prescribed in regulations under section 168 in relation to premises licences of the relevant kind.

(11) Sub-paragraph (9)(c) is subject to paragraph 64(3)(a).