SCHEDULE 11Minor and Consequential Amendments
PART IISchedule substituted for Schedule 6 to Act of 1963Permits under section 49
Grounds for refusal to grant or renew permit
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Where an application for the grant or renewal of a permit is made to a local authority, then if—
(a)
there is for the time being in force a resolution passed by that authority in accordance with paragraph 3 of this Schedule which is applicable to the premises to which the application relates, and
(b)
the permit could not be granted or renewed without contravening that resolution,
it shall be the duty of the authority to refuse to grant or renew the permit.
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(1)
In the case of premises to which paragraph 4 of this Schedule applies—
(a)
the grant of a permit shall be at the discretion of the appropriate authority; but
(b)
the appropriate authority shall not refuse to renew a permit except either on the grounds that they or their authorised representatives have been refused reasonable facilities to inspect the premises or by reason of the conditions in which amusements with prizes have been provided on the premises. or the manner in which any such amusements have been conducted, while the permit has been in force.
(2)
In the case of premises other than premises to which paragraph 4 of this Schedule applies, the grant or renewal of a permit shall (subject to paragraph 6 of this Schedule) be at the discretion of the appropriate authority; and in particular, and without prejudice to the generality of that discretion, the appropriate authority may refuse to grant or renew any such permit on the grounds that, by reason of the purposes for which, or the persons by whom, or any circumstances in which, the premises are or are to be used, it is undesirable that amusements with prizes should be provided on those premises.
(3)
The preceding provisions of this paragraph shall have effect subject to section 49(3B) of this Act.
(4)
In this paragraph any reference to amusements with prizes includes any amusements provided by means of a machine to which Part III of the Gaming Act 1968 applies.