Betting and Gaming Duties Act 1981

Amendment of licence U.K.

9 The proper officer may, in such manner as the Commissioners may direct, and without any additional payment, amend [F1 an ordinary]licence by substituting different premises for those in respect of which it is for the time being in force, but—

(a) this paragraph shall not be taken as authorising any amendment affecting the number or descriptions of gaming machines authorised by the licence . . . F2 , and

(b) the proper officer must be satisfied that there is no other [F3 ordinary licence for the same period] in force as respects the new premises, except where the transfer is of a licence relating only to machines chargeable at one rate, and [F3 any such] licence already in force relates only to machines chargeable at another rate.

Textual Amendments

F1 Words substituted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 Pt. I para. 7(5)(a)

F2 Words repealed by Finance Act 1987 (c. 16, SIF 12:2), s. 72(7), Sch. 16 Pt. II Note 3

F3 Words substituted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 Pt. I para. 7(5)(c)

10 (1) Where there is [F4 an ordinary] licence for the time being in force in respect of any premises, the holder may at any time apply to the Commissioners for the licence to be amended under this paragraph, and the proper officer shall, on payment of the additional duty (if any), amend the licence accordingly.

(2) A licence may be amended under this paragraph—

(a) so as to increase the number of machines which are authorised by the licence for the premises in question (whether chargeable at one or more of the rates respectively); or

(b) so as to increase the number of machines chargeable at one rate and reduce the number chargeable at another rate; or

(c) in the case of a licence which authorises only machines chargeable at one rate, so as to authorise a specified number of machines chargeable at another rate.

(3) The additional duty referred to in sub-paragraph (1) above shall be payable only where—

(a) the amount of the duty originally paid on the licence, or

(b) in the case of a licence previously amended under this paragraph, that amount plus any additional duty paid in respect of that amendment,

is exceeded by the amount of duty which would have been payable on the original licence if it had been granted as proposed to be amended; and the amount of the additional duty shall then be the difference between those two amounts, . . . F5

(4) Regulations may make provision with respect to the procedure for amending licences under this paragraph, and any such regulations may include provision—

(a) as to the method of amendment (that is to say, whether it is to be effected by endorsement of the licence, or by the issue of an amended licence, or otherwise howsoever), and

(b) as to the time at which a licence is to have effect as amended.

Textual Amendments

F4 Words substituted by Finance Act 1984 (c. 43, SIF 12:2), s. 7(1)(2), Sch. 3 Pt. I para. 7(6)

F5 Words repealed by Finance Act 1984 (c. 43, SIF 12:2), ss. 7(1)(2), 128(6), Sch. 3 Pt. I para. 7(6), Sch. 23 Pt. II Note