Revocation by Board of certificate of consentE+W+S
35(1)Where under the preceding provisions of this Schedule the Board have issued to a person a certificate of consent to his applying for a licence under this Act in respect of any premises, then, subject to the following provisions of this paragraph, the Board may at any time revoke that certificate, whether before that time—E+W+S
(a)the holder of the certificate has applied for a licence under this Act in respect of those premises, or
(b)in pursuance of such an application, the licensing authority have granted him such a licence,
or not.
(2)Subject to the next following sub-paragraph, the Board shall not revoke a certificate of consent in respect of any premises at any time unless it appears to them—
(a)that, if the holder of the certificate were then applying for such a certificate under paragraph 4 of this Schedule, the Board would be precluded by sub-paragraph (4) of that paragraph from issuing such a certificate to him, or
(b)that any information which, in or in connection with the application on which the certificate was issued, was given to the Board by or on behalf of the applicant for the certificate was false in a material particular, or
(c)that, since the certificate was issued, a licence under this Act held by the holder of the certificate (whether in respect of the same or different premises) has been cancelled by virtue of a disqualification order made under section 24 of this Act or under this Schedule or in the exercise of the powers conferred on the licensing authority or the court by the following provisions of this Schedule.
(3)Where the holder of a certificate of consent in respect of any premises has in pursuance of the certificate applied for the grant of a licence under this Act in respect of those premises, and such a licence has been granted and is for the time being in force, the Board may revoke the certificate at any time if it appears to them—
(a)that, in relation to the conduct of the premises or the conduct of gaming on those premises, effective control is being exercised by a person other than the holder of the certificate, and
(b)that the other person in question, in view of his character and reputation, is not a person to whom, if he were then applying for a certificate of consent under the preceding provisions of this Schedule, the Board would issue such a certificate.
(4)Where the Board determine to revoke a certificate of consent by virtue of this paragraph they shall serve a notice on the holder of the certificate stating that the certificate is revoked as from the end of the period of eight weeks from the date of service of the notice; and the revocation shall take effect at the end of that period, unless before the end of that period the Board have served on the holder of the certificate a further notice stating that they have rescinded their decision to revoke the certificate.
(5)Where the Board serve any such notice as is mentioned in sub-paragraph (4) of this paragraph they shall send a copy of the notice to the [F1proper officer of] the licensing authority, to the appropriate officer of police and to the appropriate collector of duty.
(6)On the revocation by virtue of this paragraph of a certificate of consent in respect of any premises, any licence under this Act in respect of those premises which—
(a)specifies that certificate as being the certificate in pursuance of which the application for the licence was made, and
(b)is in force at the time when the revocation of the certificate takes effect,
shall thereupon cease to have effect.
Textual Amendments
F1Words in Sch. 2 para. 35(5) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 58(9)(e) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)