Gambling Act 2005

Duration E+W+S

13 E+W+S A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 12(1)(d) unless—

(a) it ceases to have effect before that time in accordance with a provision of this Schedule, or

(b) it is renewed in accordance with paragraph 18.

Commencement Information

I1 Sch. 14 para. 13(a) in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I2 Sch. 14 para. 13(b) in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

14 (1) A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 12(1)(c). E+W+S

(2) A permit shall not take effect if on the date specified under paragraph 12(1)(d) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 12(1)(c).

Commencement Information

I3 Sch. 14 para. 14 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

15 (1) A permit held by an individual shall lapse if— E+W+S

(a) he dies,

(b) he becomes, in the opinion of the licensing authority as notified to the individual, incapable of carrying on the activities authorised by the permit by reason of mental or physical incapacity,

(c) he becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), [F1 or a debt relief order is made in respect of him, (under Part 7A of the Insolvency Act 1986)] or

(d) sequestration of his estate is awarded under section 12(1) of the Bankruptcy (Scotland) Act 1985 (c. 66).

(2) In any other case a permit shall lapse if the holder—

(a) ceases to exist, or

(b) goes into liquidation (within the meaning of section 247(2) of that Act).

(3) During the period of six months beginning with the date on which a permit lapses under this paragraph the following may rely on it as if it had effect and were issued to them—

(a) the personal representatives of the holder (in the case of an individual holder who dies),

(b) the trustee of the bankrupt's estate (in the case of an individual holder who becomes bankrupt),

(c) the holder's interim or permanent trustee (in the case of an individual holder whose estate is sequestrated), and

(d) the liquidator of the company (in the case of a company holder that goes into liquidation).

(4) In relation to premises in Scotland—

(a) sub-paragraph (2)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) sub-paragraph (2)(b) shall not have effect,

(c) the reference in sub-paragraph (3) to a magistrate's court shall have effect as a reference to the sheriff, and

(d) the reference in sub-paragraph (3)(d) to costs shall have effect as a reference to expenses.

Textual Amendments

F1 Words in Sch. 14 para. 15(1)(c) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 55(5) (with art. 5)

Commencement Information

I4 Sch. 14 para. 15 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

16 E+W+S A permit shall cease to have effect if the holder gives to the licensing authority—

(a) notice of surrender, and

(b) either—

(i) the permit, or

(ii) a statement explaining why it is not reasonably practicable to produce the permit.

Commencement Information

I5 Sch. 14 para. 16 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

17 (1) Where the holder of a permit is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit. E+W+S

(2) Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—

(a) the court which orders forfeiture,

(b) a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

(c) the High Court, if hearing proceedings relating to the conviction.

(3) Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.

(4) The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the holder of the permit deliver to the licensing authority within such time as the order may specify—

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

(5) As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.

Commencement Information

I6 Sch. 14 para. 17 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)