Section 284: Removal of exemption
719.This section enables the licensing authority to make an order in respect of specific premises, removing the right to provide exempt gaming at those premises under section 279 or the right to make up to 2 gaming machines available for use in accordance with section 282.
720.The licensing authority may only make an order under this section if-
it would not be reasonably consistent with pursuit of the licensing objectives for the exemption or entitlement conferred by the relevant section to continue to have effect;
gaming has taken place on the premises in reliance on the exemption or entitlement conferred by the relevant section, but in breach of a condition of that section. An example of such a breach would be where gaming machines were made available in breach of a relevant code of practice issued by the Gambling Commission;
the premises are mainly used for gaming; or
an offence under the Act has been committed on the premises.
721.Before making an order under this section, the licensing authority must give 21 days’ notice to the holder of the alcohol licence, allow representations to be made, and hold a hearing if the licensee requests one. The licensee also has a right to appeal to a magistrates’ court (or sheriff’s court in Scotland) against any decision of the licensing authority under this section.
