The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Gaming machines restricted from certain premises N.I.

107.—(1) A court of summary jurisdiction may, on an application by the sub-divisional commander of the police sub-division in which bingo club premises or premises licensed under the [F1 Licensing (Northern Ireland) Order 1996[F2 or a licensed office]] are situated declare that the bingo club premises orF2 . . . the licensed premises[F2 or, as the case may be, the licensed office] are not premises to which the exception in Article 95(1)(b) applies.

(2) Where a court makes a declaration under paragraph (1) in respect of bingo club premises, any direction under Article 63(9) or, as the case may be, Article 68(6)(a) obtained before the declaration is made or before it takes effect shall by virtue of the declaration be void from the time when the declaration takes effect.

(3) A declaration under paragraph (1) shall not take effect—

(a) until the expiry of the time for bringing an appeal against the making of the declaration; and

(b) if such an appeal is brought, until the appeal is determined or abandoned.

(4) On an application for a declaration under paragraph (1) a court shall hear representations, if any, from the holder of the bingo club licence orF2 . . . the holder of the licence granted under[F1 that Order of 1996][F2 or the licensed bookmaker, as the case may require].

(5) A court which makes a declaration under paragraph (1) may,—

(a) in the case of bingo club premises, on the application of the holder of the bingo club licence, and

(b) in the case of premises licensed under[F1 that Order of 1996], on the application of the holder of the licence under[F1 that Order],[F2 and]

[F2 (c) in the case of a licensed office, on the application of the licensed bookmaker,]

cancel the declaration.

(6) An application under paragraph (5) shall not be made during the period of 2 years from the date on which—

(a) the declaration under paragraph (1) takes effect; or

(b) a previous application under paragraph (5) was made to the court.

(7) An applicant under paragraph (5) shall serve on the sub-divisional commander mentioned in paragraph (1) notice of the application under paragraph (5).

(8) Where the court makes a declaration under paragraph (1) or cancels the declaration under paragraph (5) the clerk of petty sessions shall note the declaration or, as the case may be, the cancellation—

(a) in the case of bingo club premises, on the bingo club licence; and

(b) in the case of premises licensed under[F1 that Order of 1996], on the licence granted under[F1 that Order] and in the register kept under[F1 Article 34 of that Order] in respect of the licence.[F2 and]

[F2 (c) in the case of a licensed office, on the bookmaking office licence.]

F1 1996 NI 22

F2 2004 NI 1