16(1)The licensing authority which issued a permit may cancel it, or may vary the number or category (or both) of gaming machines authorised by it, if they think that—E+W+S
(a)it would not be reasonably consistent with pursuit of the licensing objectives for the permit to continue to have effect,
(b)gaming has taken place on the premises in purported reliance on the permit but otherwise than in accordance with the permit or a condition of the permit,
(c)the premises are mainly used or to be used for making gaming machines available, or
(d)an offence under this Act has been committed on the premises.
(2)Before cancelling or varying a permit under this paragraph a licensing authority shall—
(a)give the permit holder at least 21 days' notice of the authority's intention to consider cancelling or varying the permit,
(b)consider any representations made by the holder,
(c)hold a hearing if the holder requests one, and
(d)comply with any prescribed requirements for the procedure to be followed in considering whether to cancel or vary a permit.
(3)If a licensing authority cancel or vary a permit under this paragraph they shall as soon as is reasonably practicable give notice of the cancellation or variation and the reasons for it to—
(a)the permit holder, and
(b)the Commission.
(4)The cancellation or variation of a permit shall not take effect until—
(a)the period specified in paragraph 21(2)(c) has expired without an appeal being brought, or
(b)any appeal brought has been determined.
Modifications etc. (not altering text)
C1Sch. 13 modified (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. 30
C2Sch. 13 para. 16 applied (with modifications) (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 paras. 25(5), 26
Commencement Information
I1Sch. 13 para. 16 in force at 21.5.2007 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))
I2Sch. 13 para. 16 in force at 1.8.2007 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)