Gambling Act 2005

Consideration of application E+W+S

4 E+W+S A person who receives a copy of an application for a permit in accordance with paragraph 3 may object to the application within the prescribed period of time and in the prescribed manner.

Modifications etc. (not altering text)

C1 Sch. 12 para. 4 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 80(1), (2) (with art. 12(2)-(5), Sch. 4 paras. 81-85) (as amended (29.4.2007) by S.I. 2007/1157, art. 12(2)(a))

C2 Sch. 12 para. 4 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 88(2) (with art. 12(4), (5), (7)-(9), Sch. 4 paras. 89-93)

Commencement Information

I1 Sch. 12 para. 4 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I2 Sch. 12 para. 4 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I3 Sch. 12 para. 4 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

5 E+W+S The licensing authority to whom an application for a permit is made shall consider the application and—

(a) grant it, or

(b) refuse it.

Modifications etc. (not altering text)

C3 Sch. 12 para. 5(b) excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 80(1), (2) (with art. 12(2)-(5), Sch. 4 paras. 81-85) (as amended (29.4.2007) by S.I. 2007/1157, art. 12(2)(a))

C4 Sch. 12 para. 5(b) excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 88(2) (with art. 12(4), (5), (7)-(9), Sch. 4 paras. 89-93)

Commencement Information

I4 Sch. 12 para. 5 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I5 Sch. 12 para. 5 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I6 Sch. 12 para. 5 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

6 (1) A licensing authority may refuse an application for a permit only on one or more of the following grounds (having regard to the matters mentioned in paragraph 27)— E+W+S

(a) that the applicant is not—

(i) in the case of an application for a club gaming permit, a members' club or a miners' welfare institute, or

(ii) in the case of an application for a club machine permit, a members' club, a commercial club or a miners' welfare institute,

(b) that the premises on which the applicant conducts its activities are used wholly or mainly by children, by young persons or by both,

(c) that an offence, or a breach of a condition of a permit, has been committed in the course of gaming activities carried on by the applicant,

(d) that a permit held by the applicant has been cancelled during the period of ten years ending with the date of the application, or

(e) that an objection to the application has been made under paragraph 4.

(2) If a licensing authority are satisfied in relation to an application for a permit of the matters specified in sub-paragraph (1)(a) or (b), they shall refuse the application.

Modifications etc. (not altering text)

C5 Sch. 12 para. 6 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 88(2) (with art. 12(4), (5), (7)-(9), Sch. 4 paras. 89-93)

C6 Sch. 12 para. 6 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 80(1), (2) (with art. 12(2)-(5), Sch. 4 paras. 81-85) (as amended (29.4.2007) by S.I. 2007/1157, art. 12(2)(a))

Commencement Information

I7 Sch. 12 para. 6 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I8 Sch. 12 para. 6 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I9 Sch. 12 para. 6 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

7 (1) Before refusing an application for a permit a licensing authority must hold a hearing to consider the application and any objection made under paragraph 4. E+W+S

(2) But a licensing authority may dispense with the requirement for a hearing with the consent of—

(a) the applicant, and

(b) any person who has made (and not withdrawn) an objection under paragraph 4.

Modifications etc. (not altering text)

C7 Sch. 12 para. 7 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 88(2) (with art. 12(4), (5), (7)-(9), Sch. 4 paras. 89-93)

C8 Sch. 12 para. 7 excluded (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 80(1), (2) (with art. 12(2)-(5), Sch. 4 paras. 81-85) (as amended (29.4.2007) by S.I. 2007/1157, art. 12(2)(a))

Commencement Information

I10 Sch. 12 para. 7 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I11 Sch. 12 para. 7 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I12 Sch. 12 para. 7 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

8 (1) Where a licensing authority grant an application for a permit they shall as soon as is reasonably practicable— E+W+S

(a) give notice of their decision and, where an objection was made under paragraph 4, of the reasons for it to—

(i) the applicant,

(ii) the Commission, and

(iii) the chief officer of police for any area in which the premises specified in the application are wholly or partly situated, and

(b) issue the permit to the applicant.

(2) A licensing authority may not attach conditions to a permit.

Modifications etc. (not altering text)

C9 Sch. 12 para. 8 restricted (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 88(2) (with art. 12(4), (5), (7)-(9), Sch. 4 paras. 89-93)

C10 Sch. 12 para. 8 restricted (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 80(1), (2) (with art. 12(2)-(5), Sch. 4 paras. 81-85) (as amended (29.4.2007) by S.I. 2007/1157, art. 12(2)(a))

Commencement Information

I13 Sch. 12 para. 8 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I14 Sch. 12 para. 8 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I15 Sch. 12 para. 8 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

9 E+W+S Where a licensing authority reject an application for a permit they shall as soon as is reasonably practicable give notice of their decision and the reasons for it to—

(a) the applicant,

(b) the Commission, and

(c) the chief officer of police for any area in which the premises specified in the application are wholly or partly situated.

Commencement Information

I16 Sch. 12 para. 9 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I17 Sch. 12 para. 9 in force at 1.8.2007 for specified purposes by S.I. 2006/3272, art. 2(3A), Sch. 3A (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/1157, arts. 3(4), 6, Sch. 2)

I18 Sch. 12 para. 9 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)