Explanatory Note
(This note is not part of the Order)
By virtue of paragraph 20(1) of Schedule 9 to the Gaming Act 1968, a section 34 permit (authorising the provision of gaming machines) is not transferable, and, in the case of alcohol licensed premises, ceases to have effect if the holder of the permit ceases to be the holder of the relevant alcohol licence.
Article 2 of this Order amends Schedule 9 to disapply the effect of paragraph 20(1) in the particular circumstance of a conversion under Schedule 8 to the Licensing Act 2003 of a justices' licence to a premises licence under that Act, where the person holding the licence is different in each case. Under the amendments made by article 2 any associated section 34 permit in force at the time when the premises licence takes effect is transferred to the holder of that licence.
The amendments made by article 2 also apply to a premises licence granted under section 18 of the 2003 Act before 24th November 2005 (being the second appointed day as appointed by the Licensing Act 2003 (Second Appointed Day) Order 2005 (S.I. 2005/2091)). Where the licence holder is different from the person holding the justices' licence in respect of the premises immediately before the second appointed day, the effect of the amendments is to transfer any associated section 34 permit to the holder of the premises licence when that licence takes effect.
No other change is made to the permit, and Schedule 3 continues to apply to the permit in all other respects. The duration of the permit remains unchanged by this order.