The Gambling Act 2005 (Transitional Provisions) (No.2) Order 2006

Gaming Act 1968: renewal of licences

3.—(1) This article applies to any licence under the 1968 Act which is due to expire in accordance with paragraph 52 of Schedule 2 to that Act(1) in the period beginning on 1st September 2006 and ending on 30th August 2007.

(2) If the licence is still in force immediately before it is due to expire, the licensing authority is to be treated as having renewed the licence immediately before it expires.

(3) Section 48(3)(b) and (4)(b) of, and paragraph 63 of Schedule 2 to, the 1968 Act(2) (which provide for the payment of a fee on renewal) are not to apply in relation to the renewal of a licence in accordance with paragraph (2).

(4) Where a licence is renewed under paragraph (2)—

(a) it is to be subject to the same restrictions as had effect in relation to the licence before it was renewed, and paragraphs 24 to 26 of Schedule 2 to the 1968 Act are to have effect in relation to the licence as if modified accordingly; and

(b) paragraph 52 of that Schedule is to have effect in relation to the licence as if it provided for it to be in force until the end of 31st August 2007 (unless cancelled before that date under any provision of that Schedule).

(5) Where—

(a) the holder of a licence renewed in accordance with paragraph (2) makes a request in writing to the relevant licensing authority for a copy of the licence as so renewed, and

(b) that request is made in accordance with paragraph (6),

the authority must comply with the request as soon as reasonably practicable.

(6) When making a request under paragraph (5), the holder of the licence must include the licence held by him or, if for any reason that is not reasonably practicable, he must include a written statement—

(a) explaining why it is not reasonably practicable to provide the licence, and

(b) indicating—

(i) the premises to which the licence relates,

(ii) the date on which it was granted or (as the case may be) last renewed before its renewal in accordance with paragraph (2), and

(iii) the date on which it was due to expire before being renewed in accordance with that paragraph.

(1)

Paragraph 52 of Schedule 2 has been amended by the Gaming (Amendment) Act 1982, section 1 and paragraph 11(1) of Schedule 1. Other amendments have been made to Schedule 2, including to paragraphs 12 and 63 of that Schedule, which are not relevant to this Order.

(2)

Section 48 has been amended by S.I. 2006/543. Other amendments have been made to that section which are not relevant to this Order.