Gaming Act 1968 (repealed)

20 (1) Without prejudice to paragraph 18 of this Schedule, the licensing authority may refuse to grant or renew a licence under this Act on any one or more of the following grounds, that is to say— E+W+S

(a) that the relevant premises are unsuitable by reason of their lay-out, character, condition or location;

[F1 (aa) where the Regulatory Reform (Fire Safety) Order 2005 applies to the relevant premises, that the Order or regulations made under it have not been complied with in respect of the relevant premises;]

(b) that the applicant is not a fit and proper person to be the holder of a licence under this Act;

(c) that, if the licence were granted or renewed, the club specified in the application would be managed by, or carried on for the benefit of, a person (other than the applicant) who would himself be refused the grant or renewal of a licence under this Act on the grounds that he is not a fit and proper person to be the holder of such a licence;

(d) that the licensing authority, the Board, the appropriate officer of police, the appropriate local authority or the appropriate F2 [F3 ... authority] [F3 fire and rescue authority], or the authorised representatives of any of them, have been refused reasonable facilities to inspect the premises;

(e) that any duty payable in respect of the premises under section 13 F4 . . . of the M1 Finance Act 1966 [F5 or section 2 of or Schedule 1 to the M2 Finance Act 1970] [F6 or section 13 of or Schedule 2 to the M3 Betting and Gaming Duties Act 1972] [F7 or section 14 of or Schedule 2 to the Betting and Gaming Duties Act 1981] remains unpaid.

[F8 (f) that any bingo duty F9 . . . payable in respect of bingo played on the premises remains unpaid;]

[F10 (g) that any gaming duty charged on the premises remains unpaid.]

(2) In determining for the purposes of this paragraph whether the relevant premises are unsuitable by reason of any matter mentioned in sub-paragraph (1)(a) of this paragraph, the licensing authority shall take into account any advice given to them by the Board with respect to that matter.

[F11 (2A) For the purposes of sub-paragraph (1), a person shall be taken not to be a fit and proper person to be the holder of a licence under this Act if he has been convicted of an offence under the Regulatory Reform (Fire Safety) Order 2005 in respect of the relevant premises.]

[F12 (3) Where the licensing authority entertain an application for the grant or renewal of a licence under this Act in respect of any premises, and are satisfied that any bingo duty payable as mentioned in sub-paragraph (1)(f) of this paragraph remains unpaid, they shall refuse the application.]

Textual Amendments

F1 Sch. 2 para. 20(1)(aa) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 7(4)(b) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F2 Word in Sch. 2 para. 20(1)(d) repealed (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 2

F3 Words in Sch. 2 para. 20(1)(d) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F4 Words repealed by Finance Act 1969 (c. 32), Sch. 21 Pt. I

F5 Words inserted by Finance Act 1970 (c. 24), Sch. 1 Pt. II para. 16(2)

F6 Words inserted by Betting and Gaming Duties Act 1972 (c. 25), s. 29(1), Sch. 5 para. 5

F7 Words inserted by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 34(1), Sch. 5 para. 2

F8 Para. 20(1)(f) added by Finance Act 1969 (c. 32), Sch. 9 para. 22(1)

F9 Words repealed by Betting and Gaming Duties Act 1972 (c. 25), Sch. 7

F10 Sch. 2 para. 20(1)(g) inserted (19.3.1997) by 1997 c. 16, ss. 13, 15, Sch. 2 Pt. II para. 5(2)

F11 Sch. 2 para. 20(2A) inserted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 7(4)(c) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F12 Para. 20(3) added by Finance Act 1969 (c. 32), Sch. 9 para. 22(1)

Marginal Citations

M1 1966 c. 18.

M2 1970 c. 24.

M3 1972 c. 25.

Textual Amendments applied to the whole legislation

F13 Act repealed (1.10.2005 for purposes of the repeal of s. 10, Sch. 1) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2005/2455, art. 2(1), Sch.