Gambling Act 2005

284 Removal of exemption E+W+S

(1) A licensing authority may make an order disapplying section 279 or section 282(1) to specified premises.

(2) A licensing authority may make an order disapplying a section under subsection (1) only if they think that—

(a) the application of the section is not reasonably consistent with pursuit of the licensing objectives,

(b) gaming has taken place on the premises in purported reliance on the section but in breach of a condition of that section,

(c) the premises are mainly used or to be used for gaming, or

(d) an offence under this Act has been committed on the premises.

(3) Before making an order under subsection (1) a licensing authority shall—

(a) give the holder of the on-premises alcohol licence or of the relevant Scottish licence (“the licensee”) at least 21 days' notice of the authority's intention to consider making an order,

(b) consider any representations made by the licensee,

(c) hold a hearing if the licensee requests one, and

(d) comply with any prescribed requirements for the procedure to be followed in considering whether to make an order.

(4) If a licensing authority make an order under subsection (1), they shall as soon as is reasonably practicable give the licensee—

(a) a copy of the order, and

(b) written reasons for the decision to make the order.

(5) A licensee may appeal against the making of an order under subsection (1).

(6) An appeal under subsection (5) must be instituted—

(a) in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 21 days beginning with the day on which the appellant receives a copy of the order against which the appeal is brought.

(7) On an appeal the magistrates' court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the order made by the licensing authority;

(c) make an order about costs.

(8) In relation to premises in Scotland—

(a) subsection (6)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) subsection (6)(b) shall not have effect,

(c) the reference in subsection (7) to the magistrates' court shall have effect as a reference to the sheriff, and

(d) the reference in subsection (7)(c) to costs shall have effect as a reference to expenses.

(9) In this section, “prescribed” means prescribed by regulations made by the Secretary of State.

Commencement Information

I1 S. 284 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))

I2 S. 284 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)