17(1)Where a person is convicted of an offence under Schedule 3 to the M1Finance Act 1966 in respect of a contravention of [F1section 13 of that Act or of an offence under [F2section 24 of or paragraph 16 of Schedule 4 to the Betting and Gaming Duties Act 1981 (or under the corresponding provisions of the Betting and Gaming Duties Act 1972 or the corresponding provisions of the enactments consolidated by that Act) in relation to premises]] in respect of which a club or institute is for the time being registered under Part II of this Act, and the Commissioners of Customs and Excise—E+W+S
(a)certify to the court by or before which he is so convicted that the conviction is a second or subsequent conviction for such an offence committed (whether by the same or by some other person) in relation to gaming on those premises while that club or institute has been so registered, and
(b)apply to the court for effect to be given to this sub-paragraph, that court shall order that the registration of the club or institute under Part II of this Act shall be cancelled.
(2)An order made under this paragraph—
(a)shall not have effect until the end of the period within which notice of appeal against the conviction which gave rise to the order may be given;
(b)if notice of appeal against that conviction is duly given, shall not have effect until the appeal has been determined or abandoned; and
(c)shall not have effect if, on such an appeal, the appeal is allowed.
(3)Where the registration of a club or institute is cancelled by virtue of an order made under this paragraph, the [F3proper officer of] the court by which the order was made shall, unless he is also the [F3chief executive to] the licensing authority, send a copy of the order to the [F3chief executive to] the licensing authority; and the licensing authority shall, notwithstanding anything in the preceding provisions of this Schedule, refuse any application for the registration of that club or institute under Part II of this Act in respect of the same or any other premises if it is made less than twelve months after the date of the order.
[F4(4)In sub-paragraph (3) of this paragraph the “proper officer of the court” means—
(a)in relation to a magistrates’ court, the justices’ chief executive for the court, and
(b)in relation to the Crown Court, the appropriate officer of the court.]
Textual Amendments
F1Words substituted by Betting and Gaming Duties Act 1972 (c. 25), s. 29(1), Sch. 5 para. 4
F2Words substituted by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 34(1), Sch. 5 para. 4
F3Words in Sch. 3 para. 17(3) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 59(3)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F4Sch. 3 para. 17(4) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 59(3)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
Marginal Citations