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

Gaming Act 1968: circumstances in which a licence is not to be treated as being automatically renewed

4.—(1) Despite the provisions of article 3 (which provide for the automatic renewal of licences under the 1968 Act), the holder of a licence to which that article applies may make an application under paragraph 12 of Schedule 2 to that Act for its renewal; and, subject to the following provisions of this article, where such an application is made paragraphs (2) to (5) of article 3 are not to apply to the renewal of the licence.

(2) Where an application for renewal is made under paragraph 12 of Schedule 2 to the 1968 Act, paragraphs (2) to (5) of article 3 are still to apply to the renewal of the licence if either paragraph (3) or (4) applies.

(3) This paragraph applies where—

(a) the application for renewal is made later than is required by sub-paragraph (1) of paragraph 12 of that Schedule, and

(b) the licensing authority do not entertain the application in exercise of their powers under sub-paragraph (2) of that paragraph.

(4) This paragraph applies where the application for renewal is withdrawn at any time before any hearing is held by the licensing authority for the purposes of determining the application.

(5) Where a licence to which article 3 applies is renewed on an application made under paragraph 12 of Schedule 2 to the 1968 Act, paragraph 52 of that Schedule is to have effect in relation to the licence as if it provided for the licence to be in force until the end of 31st August 2007 (unless cancelled before that date under any provision of that Schedule).