Betting, Gaming and Lotteries Act 1963

[F1 10A Cancellation of betting office licence E+W+S

(1) Where the holder of a betting office licence is convicted under section 10(1) of this Act of an offence in respect of the betting office to which the licence relates, the court by or before whom he is convicted may, if the court thinks fit, order that the licence shall be forfeited and cancelled.

(2) An order under subsection (1) of this section made by a court in England and Wales shall be deemed for the purposes of any appeal to be part of the sentence for the offence; and in the case of such an order, the licence to which the order relates shall not be forfeited or cancelled under it—

(a) until the end of the period within which notice of appeal against the conviction or sentence may be given; nor

(b) if notice of appeal against the conviction or sentence is duly given within that period, until the determination or abandonment of that appeal.

(3) Where an order under subsection (1) of this section is made by a court in Scotland, the holder of the licence to which the order relates may, without prejudice to any other form of appeal under any rule of law, appeal against the order in the same manner as against a conviction; and the licence to which the order relates shall not be forfeited or cancelled under it—

(a) until the end of the period of 14 days commencing with the date on which the order was made; nor

(b) if an appeal against the order or the conviction which gave rise to it is made within that period, until the date when that appeal is determined or abandoned or deemed to have been abandoned.

(4) Where a licence is forfeited and cancelled in pursuance of an order under subsection (1) of this section, the [F2 proper officer of] the court by whom the order was made shall, unless he is also the [F3 proper officer of] the authority who last either granted or renewed the licence, send a copy of the order to the [F3 proper officer of] that authority.]

[F4 (5) In subsection (4)—

• “the proper officer of the authority” has the same meaning as in Schedule 1; and

• “the proper officer of the court” means—

  (a)

  in relation to a magistrates’ court in England and Wales, the [F5 designated officer] for the court; and

  (b)

  in relation to a court of summary jurisdiction in Scotland, the clerk of the court.]

Textual Amendments

F1 S. 10A inserted (1.9.1997) by S.I. 1997/947, art. 2

F2 Words in s. 10A(4) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 33(2)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F3 Words in s. 10A(4) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 33(2)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F4 S. 10A(5) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 33(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F5 Words in s. 10A(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 113; S.I. 2005/910, art. 3(y)