The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007

Amendment of Part 7 of Schedule 4 to the Principal Commencement Order

11.—(1) Part 7 of Schedule 4 to the Principal Commencement Order (transitional provisions relating to the conversion of licences etc. issued under enactments to be repealed into premises licences under the Gambling Act 2005) is amended as follows.

(2) In paragraph 54—

(a) in sub-paragraph (4), after “Subject to” insert “sub-paragraph (5A) and”;

(b) after sub-paragraph (5), insert—

“(5A) Where—

(a) a person making a conversion application does not hold a relevant operating licence on the date on which he makes the application, and

(b) that person’s application for a relevant operating licence is rejected before the conversion application is granted,

the licensing authority must reject the conversion application; and if the licensing authority grant the conversion application, any premises licence issued on such an application shall be of no effect.”; and

(c) after sub-paragraph (8) insert—

“(9) In this paragraph “relevant operating licence” in relation to a conversion application means an operating licence (other than an interim operating licence) which authorises the person making the application to carry on the activity in respect of which the premises licence is sought.”.

(3) In paragraph 55(4) for “28th July” substitute “31st July”.

(4) The amendment made by paragraph (3) does not apply to any request made under paragraph 55(2) or (3) of Schedule 4 to the Principal Commencement Order which is made before the date on which this Order comes into force.

(5) In paragraph 62(8), in paragraph (b) for the words from “in a case to which paragraph 60(2)(b)(ii) applies” to the end of that paragraph substitute “in a case to which sub-paragraph (5A) of paragraph 54 applies, until the date on which the application for the relevant operating licence referred to in that sub-paragraph is rejected”.