Betting and Gaming Duties Act 1981

Changes over time for: Paragraph 15

Version Superseded: 01/04/2005

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Point in time view as at 10/06/2003. This version of this provision has been superseded.

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15(1)Where, on the conviction of any person of an offence under [F1paragraph 13(3) above] in connection with general betting duty [F2. . .] the Commissioners—

(a)certify to the court by or before whom that person is so convicted that [F3there has been at least one previous occasion on which that or another person has been either—

(i)convicted of an offence under paragraph 13(3) above; or

(ii)assessed to a penalty to which he was liable under section 8 of the Finance Act 1994 (penalty for evasion),

in respect of conduct taking place] in the course of the operation of the same premises as a betting office and while the same person has been the holder of a betting office licence in respect thereof, and

(b)make application to that court for effect to be given to this sub-paragraph,

that court shall order that the betting office licence in respect of those premises shall be forfeited and cancelled.

(2)A licence shall not be forfeited or cancelled under such an order made by a court in England or Wales [F4or Northern Ireland]—

(a)until the date of expiration of the period within which notice of appeal against the conviction which gave rise to the order may be given, or

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

(c)if on any such appeal the appeal is allowed.

(3)A licence shall not be forfeited or cancelled under such an order made by a court in Scotland—

(a)until the expiration of the period of fourteen days commencing with the date on which the order was made, or

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

(c)if on any such appeal the appeal is allowed.

(4)Where a betting office licence held by any person in respect of any premises is forfeited and cancelled in pursuance of an order under subparagraph (1) above, the [F5proper officer of] the court by whom the order was made shall, unless he is also [F6proper officer of the appropriate authority who last either granted or renewed the licence, send a copy of the order to the proper officer of] that authority; and, without prejudice to the renewal by that authority of any other betting office licence held by that person, that authority shall, notwithstanding anything in paragraph 20(1) of [F7Schedule 1 to the Betting, Gaming and Lotteries Act 1963] , refuse any application by that person for the grant of a new betting office licence in respect of those or any other premises [F8in England, Wales or Scotland] made less than twelve months after that forfeiture and cancellation.

[F9(4A)In sub-paragraph (4) above—

“proper officer of the court” means—
(a)
in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and
(b)
in relation to any other court, the clerk of the court, and
“appropriate authority” and “proper officer of the appropriate authority” have the same meaning as in Schedule 1 to the M1Betting, Gaming and Lotteries Act 1963.]

[F10(5)Subject to sub-paragraph (6) below, where under sub-paragraph (1) above a court orders that a betting office licence held by a person in respect of premises in Northern Ireland shall be forfeited and cancelled, no court of summary jurisdiction shall entertain an application by that person for the grant (or provisional grant) of a new betting office licence in respect of those premises or any other premises situated in the same petty sessions district as those premises made less than twelve months after that forfeiture and cancellation.

(6)Sub-paragraph (5) above—

(a)shall not prejudice the right of such a person as is mentioned in that sub-paragraph to seek the renewal of any betting office licence (other than that which is forfeited) which he holds; and

(b)applies notwithstanding anything in Article 12 of the M2Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985].

Textual Amendments

F1Words in Sch. 1 para. 15(1) substituted (1.1.1995) by 1994 c. 9, s. 9, Sch. 4 Pt. V para. 62(3)(a) (with s. 19(3)); S.I. 1994/2679, art. 3.

F2Words in Sch. 1 para. 15(1) repealed (1.1.1995) by 1994 c. 9, ss. 9, 258, Sch. 4 Pt. V para. 62(3)(a), Sch. 26 Pt. III Note (with s. 19(3)); S.I. 1994/2679, art. 3.

F3Words in Sch. 1 para. 15(1)(a) substituted (1.1.1995) by 1994 c. 9, s. 9, Sch. 4 Pt. V para. 62(3)(b) (with s. 19(3)); S.I. 1994/2679, art. 3.

F4Words inserted by Finance Act 1986 (c. 41, SIF 12:2), s. 6, Sch. 4 Pt. I para. 11(2)(a)

F5Words in Sch. 1 para. 15(4) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 120(2)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)