Modifications etc. (not altering text)
C1Sch. 9: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B(9)
7E+W+SWhere an application for the grant or renewal of a permit is made to a local authority, then if—
(a)there is for the time being in force a resolution passed by that authority as mentioned in sub-paragraph (a) or sub-paragraph (b) of paragraph 3 of this Schedule which is applicable to the premises to which the application relates, and
(b)the permit could not be granted or renewed without contravening that resolution,
it shall be the duty of the authority to refuse to grant or renew the permit.
8(1)In the case of premises to which paragraph 4 of this Schedule applies—
(a)the grant of a permit shall be at the discretion of the appropriate authority; but
(b)the appropriate authority shall not refuse to renew a permit except either on the grounds that they or their authorised representatives have been refused reasonable facilities to inspect the premises or by reason of the conditions or manner in which machines to which Part III of this Act applies have been used on the premises, or any other amusements have been provided or conducted on the premises, while the permit has been in force.
(2)In the case of premises other than premises to which paragraph 4 of this Schedule applies, the grant or renewal of a permit shall (subject to paragraph 7 of this Schedule) be at the discretion of the appropriate authority; and in particular, and without prejudice to the generality of that discretion, the appropriate authority may refuse to grant or renew any such permit on the grounds that, by reason of the purposes for which, or the persons by whom, or any circumstances in which, the premises are or are to be used, it is undesirable that machines to which Part III of this Act applies should be used for providing amusements on those premises.
(3)The preceding provisions of this paragraph shall have effect subject to section 34(7) of this Act.