Modifications etc. (not altering text)
C1Sch. 9: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B(9)
Textual Amendments applied to the whole legislation
F4Act repealed (1.10.2005 for purposes of the repeal of s. 10, Sch. 1) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2005/2455, art.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.
9E+W+SWhere an application for the grant or renewal of a permit is made to a local authority, and there is for the time being in force a resolution passed by that authority as mentioned in sub-paragraph (c) of paragraph 3 of this Schedule which is applicable to the premises to which the application relates, then, if the authority grant or renew the permit, it shall be their duty to do so subject to a condition limiting the number of machines to which Part III of this Act applies which may be made available for gaming on the premises to such number, not exceeding the number specified in the resolution, as the authority may determine.
10E+W+SSubject to paragraph 9 of this Schedule, on granting or renewing a permit in respect of any premises, other than premises to which paragraph 4 of this Schedule applies, the appropriate authority may grant or renew it subject to a condition limiting the number of machines to which Part III of this Act applies which may be made available for gaming on the premises to such number as the authority may determine.
[F110A(1)A permit in respect of any such premises as are mentioned in sub-paragraph (a) or sub-paragraph (c) of paragraph 1 of this Schedule shall be subject to the condition that any machine in respect of which the conditions mentioned in section 34(5A) of this Act are observed is located in a bar.
(2)In sub-paragraph (1), “bar”—
(a)in relation to any such premises as are mentioned in sub-paragraph (a) of paragraph 1 of this Schedule, [F2means any place which, by virtue of a premises licence, may be used for the supply of alcohol and which is exclusively or mainly used for the supply and consumption of alcohol] and
(b)in relation to any such premises as are mentioned in sub-paragraph (c) of that paragraph has the same meaning as in the Licensing (Scotland) Act 1976.]
Textual Amendments
F1Sch. 9 paras. 10A, 10B inserted (20.6.1996) by S.I. 1996/1359, art. 9(5)
F2Words in Sch. 9 para. 10A(2)(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 52(4) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 3, Sch.)
F310B(1)This paragraph applies where a local authority grant a permit in respect of premises to which paragraph 4 of this Schedule applies.
(2)The authority shall state in the permit whether it is granted for the purposes of subsection (1) or (5E) of section 34 of this Act.
(3)Where the permit is expressed to be granted for the purposes of section 34(5E) of this Act, it shall be subject to the following conditions, namely—
(a)in the case of premises where admission is restricted to persons aged 18 or over, that no person under 18 is admitted to the premises; and
(b)in the case of premises where admission is not restricted to persons aged 18 or over—
(i)that any machine in respect of which the conditions mentioned in section 34(5A) of this Act are observed is located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access otherwise than by means of an entrance designed for the purpose;
(ii)that only persons aged 18 or over are admitted to an area of the premises in which any such machine is located;
(iii)that access to an area of the premises in which any such machine is located is supervised;
(iv)that any area of the premises in which any such machine is located is so arranged as to permit all parts of it to be observed; and
(v)that at the entrance to, and inside, any such area there are prominently displayed notices indicating that access to the area is prohibited to persons aged under 18.
Textual Amendments
F3Sch. 9 paras 10A, 10B inserted (20.6.1996) by S.I. 1996/1359, art. 9(5)