SCHEDULES

SCHEDULE 2E+W+S Grant, Renewal, Cancellation and Transfer of Licences

IntroductoryF12E+W+S

Textual Amendments applied to the whole legislation

F12Act repealed (1.10.2005 for purposes of the repeal of s. 10, Sch. 1) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2005/2455, art.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.

1(1)Subject to the provisions of this Schedule with respect to certificates of consent, the authority responsible for the grant, renewal, cancellation and transfer of licences under this Act—E+W+S

(a)in any [F1local justice] area in England or Wales, or

[F2(b)in any area in Scotland,]

shall be the authority which under Schedule 1 to the Act of 1963 is responsible for the grant or renewal of bookmaker’s permits, betting agency permits and betting office licences in that area [F3and references to the proper officer of a licensing authority shall be construed accordingly].

(2)Any such authority is in this Act referred to as a “licensing authority”.

Textual Amendments

F1Words in Sch. 2 para. 1(1)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 132(2); S.I. 2005/910, art. 3(y)

F2Sch. 2 para. 1(1)(b) substituted by Licensing (Scotland) Act 1976 (c. 66), s. 133(2)

F3Words in Sch. 2 para. 1(1) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 57, 58 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

2(1)In this Schedule “the licensing authority”, in relation to a licence under this Act or to an application relating to such a licence, means the licensing authority for the [F4local justice] area in England or Wales, or the licensing area in Scotland, in which the relevant premises are or are to be situated.E+W+S

(2)In this Schedule—

  • the appropriate collector of duty” means the Collector of Customs and Excise for the area in which the relevant premises are or are to be situated;

  • [F5the appropriate [F6authority” means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)] F5... in whose area the relevant premises are or are to be situated;]

  • the appropriate local authority”—

    (a) in England and Wales, means the local authority (being the council of a F7. . ., London borough or county district or the Common Council of the City of London) in whose area the relevant premises are or are to be situated, and

    [F8(b) in Scotland, [F9the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] within whose area the relevant premises are, or are to be, situated;]

  • the appropriate officer of police” means the chief officer of police, or in Scotland, the chief constable, for the police area in which the relevant premises are or are to be situated;

  • bingo club licence” means a licence under this Act granted in respect of any premises subject to restrictions under paragraph 25 of this Schedule whereby gaming to which Part II of this Act applies on those premises is limited to the playing of bingo;

  • F10. . .

  • the relevant premises”, in relation to a licence under this Act or to an application relating to such a licence, means the premises in respect of which the licence is for the time being in force or the premises to which the application relates, as the case may be.

Textual Amendments

F4Words in Sch. 2 para. 2(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 132(3); S.I. 2005/910, art. 3(y)

F8In definition of "the appropriate local authority" para. (b) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 31

F9Words in the definition of "the appropriate local authority" in Sch. 2 para. 2(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 78(3); S.I. 1996/323, art. 4

F10Definition of "the clerk to the licensing authority" in Sch. 2 para. 2(2) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii)

[F112A(1)Each licensing authority shall for each year fix a day in each of the months ofE+W+S

(a)January, April, July and October if the authority is in England or Wales; or

(b)January, March, June and October if the authority is in Scotland,

as a day on which, subject to paragraphs 7 and 13 of this Schedule, they will hold a meeting for the purpose of considering any application for the grant or renewal of a licence under this Act then awaiting consideration.

(2)In addition to any meeting on a day fixed in pursuance of the preceding sub-paragraph, a licensing authority may hold a meeting on any other day for the purpose of considering such applications as are mentioned in that sub-paragraph.]