The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006

Provisions to ensure that existing family entertainment centre operators can continue to operate on and after 1st September 2007

98.—(1) This paragraph applies to an application for a FEC gaming machine permit which meets the conditions in paragraphs (a) to (c) of sub-paragraph (1) of paragraph 95, but where in addition the application is made before 31st July 2007.

(2) The licensing authority must determine any such application within a period of one month beginning on the date on which the application is made.

(3) If the licensing authority do not determine the application within the period referred to in sub-paragraph (2)—

(a) the application is to be treated as having been granted, and

(b) the relevant FEC gaming machine permit as having been issued to the applicant,

on the day immediately following the end of that period.

(4) Where by virtue of sub-paragraph (3) above a FEC gaming machine permit is treated as having been issued to a person, paragraph 8(3) of Schedule 10 to the 2005 Act (which makes provision about the issuing of FEC gaming machine permits) is to have effect as if it required the licensing authority to provide the applicant with a copy of the permit as soon as practicable on or after the date of issue.

(5) For the purposes of paragraph 11(1)(c) of Schedule 10 to the 2005 Act (which requires the date on which a FEC gaming machine permit takes effect to be specified in the permit), the licensing authority are to specify 1st September 2007 as the date on which the FEC gaming machine permit takes effect.