Gambling Act 2005

Cancellation and forfeiture E+W+S

16 (1) The licensing authority which issued a permit may cancel it, or may vary the number or category (or both) of gaming machines authorised by it, if they think that— E+W+S

(a) it would not be reasonably consistent with pursuit of the licensing objectives for the permit to continue to have effect,

(b) gaming has taken place on the premises in purported reliance on the permit but otherwise than in accordance with the permit or a condition of the permit,

(c) the premises are mainly used or to be used for making gaming machines available, or

(d) an offence under this Act has been committed on the premises.

(2) Before cancelling or varying a permit under this paragraph a licensing authority shall—

(a) give the permit holder at least 21 days' notice of the authority's intention to consider cancelling or varying the permit,

(b) consider any representations made by the holder,

(c) hold a hearing if the holder requests one, and

(d) comply with any prescribed requirements for the procedure to be followed in considering whether to cancel or vary a permit.

(3) If a licensing authority cancel or vary a permit under this paragraph they shall as soon as is reasonably practicable give notice of the cancellation or variation and the reasons for it to—

(a) the permit holder, and

(b) the Commission.

(4) The cancellation or variation of a permit shall not take effect until—

(a) the period specified in paragraph 21(2)(c) has expired without an appeal being brought, or

(b) any appeal brought has been determined.

Modifications etc. (not altering text)

C1 Sch. 13 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 30

C2 Sch. 13 para. 16 applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 25(5), 26

Commencement Information

I1 Sch. 13 para. 16 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I2 Sch. 13 para. 16 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

17 (1) The licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 9. E+W+S

(2) But a licensing authority may disapply sub-paragraph (1) if they think that a failure to pay is attributable to administrative error.

Commencement Information

I3 Sch. 13 para. 17 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I4 Sch. 13 para. 17 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

18 (1) Where a permit holder, or the officer of a permit holder, is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit. E+W+S

(2) Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—

(a) the court which orders forfeiture,

(b) a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

(c) the High Court, if hearing proceedings relating to the conviction.

(3) Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.

(4) The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the permit holder deliver to the licensing authority within such time as the order may specify—

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

(5) As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.

Modifications etc. (not altering text)

C3 Sch. 13 paras. 18-20 applied (with modifications) (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 25(5), 26

Commencement Information

I5 Sch. 13 para. 18 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I6 Sch. 13 para. 18 in force at 1.8.2007 by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)