Betting, Gaming and Lotteries Act 1963

F1 28B (1) This paragraph applies where under paragraph 28A of this Schedule an application for the cancellation of a betting office licence is referred to the appropriate authority.

(2) Unless the application is withdrawn, the clerk to the authority shall give not less than twenty-one days’ notice in writing of the date, time and place appointed for the consideration of the application by the authority to—

(a) the applicant,

(b) the holder of the licence,

(c) the appropriate officer of police, and

(d) the Collector of Customs and Excise for the area in which the relevant premises are situated.

(3) The clerk to the authority shall send with the notice under sub-paragraph (2)(b) of this paragraph a copy of the applicant’s statement of the grounds on which the application is made.

(4) At any meeting of the authority to consider the application—

(a) the applicant and the holder of the licence shall be entitled to be heard either in person or by counsel or a solicitor,

(b) where the applicant is not the appropriate officer of police, the authority shall also hear any representation made by him, or a person authorised by him, and

(c) where the application is not the Commissioners of Customs and Excise, the authority shall also hear any representation made by them, or a person authorised by them.

(5) The authority shall forfeit and cancel the licence if they are not satisfied—

(a) that the relevant premises are enclosed, and

(b) that there are means of access between the relevant premises and a street otherwise than through other premises used for the effecting with persons resorting to those other premises of transactions other than betting transactions,

but, apart from that, may only do so on the ground that the relevant premises fall within sub-paragraph (6) of this paragraph.

(6) The relevant premises fall within this sub-paragraph if—

(a) having regard to their layout, character or condition, they are not suitable for use as a licensed betting office,

(b) they have not been properly conducted under the licence, or

(c) they have not been used as a licensed betting office in the period of twelve months ending with the date on which the application is made and the licence has been in force for at least twelve months.

(7) The authority may from time to time adjourn consideration of the application.

(8) On consideration of the application, the authority make take evidence on oath and may make such order as they think fit for the payment of costs or, in Scotland, expenses—

(a) by the applicant to the holder of the licence, or

(b) by the holder of the licence to the applicant.

(9) If the authority decide not to cancel the licence, they shall cause notice in writing to be given to the applicant that the application is refused without prejudice to the raising of the same matters by way of objection in accordance with the provisions of this Schedule to a renewal of the licence.

(10) If the authority decide to forfeit and cancel the licence, the forfeiture and cancellation shall not take effect—

(a) until the end of the time within which notice of an appeal under paragraph 28C or, as the case may be, 28D of this Schedule may be given, or

(b) if such notice is duly given, until the determination or abandonment of the appeal.

(11) Where an order for the payment of costs is made under sub-paragraph (8) of this paragraph by an authority in England and Wales, the costs shall be recoverable summarily as a civil debt.

Textual Amendments

F1 Sch. 1 paras. 28A-28D inserted (1.9.1997) by S.I. 1997/974, art. 5(1)