Gaming Act 1968 (repealed)

Duration of permitF5 E+W+S

Textual Amendments applied to the whole legislation

F5 Act repealed (1.10.2005 for purposes of the repeal of s. 10, Sch. 1) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2005/2455, art.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.

18 E+W+S Subject to the following provisions of this Schedule, and without prejudice to the cancellation of any permit under section 39 of this Act, a permit—

(a) if not renewed, shall cease to have effect on such date, not being less than three years beginning with the date on which it was granted, as may be specified in the permit, or

(b) if renewed, shall, unless further renewed, cease to have effect on such date, not being less than three years beginning with the date on which it was renewed or last renewed, as the case may be, as may be specified in the decision to renew it.

Modifications etc. (not altering text)

C1 Sch. 9 para. 18 modified (1.8.2006) by The Gambling Act 2005 (Transitional Provisions) (No.2) Order 2006 (S.I. 2006/1758), arts. 1(1), 6(4)

C2 Sch. 9 para. 18 modified (1.8.2006) by The Gambling Act 2005 (Transitional Provisions) (No.2) Order 2006 (S.I. 2006/1758), arts. 1(1), 5(8)

19 (1) Where an application for the renewal of a permit is made not less than one month before the date on which it is due to expire, the permit shall not cease to have effect by virtue of the last preceding paragraph before the appropriate authority have determined the application or the application has been withdrawn. E+W+S

(2) Where, on such an application, the appropriate authority refuse to renew the permit, it shall not cease to have effect by virtue of the last preceding paragraph before the time within which the applicant can appeal against the refusal has expired, and, if he so appeals, shall not cease to have effect by virtue of that paragraph until the appeal has been determined or abandoned.

20 (1) [F1 Subject to paragraph 20ZA,] A permit shall not be transferable, and, subject to the following provisions of this paragraph, shall cease to have effect if— E+W+S

(a) in the case of premises falling within sub-paragraph (a) or sub-paragraph (c) of paragraph 1 of this Schedule, the holder of the permit . . . F2 ceases to be the holder of the licence or certificate in respect of the premises, or

(b) in the case of any other premises, the holder of the permit ceases to be the occupier of the premises.

(2) If the holder of a permit . . . F2 dies while the permit is in force—

(a) the permit shall not cease to have effect by virtue of paragraph 18 of this Schedule or by virtue of the preceding sub-paragraph before the end of the period of six months beginning with the date of his death, and

(b) except for the purposes of a renewal of the permit, his personal representatives shall be deemed to be the holder of the permit;

and the appropriate authority may from time to time, on the application of those personal representatives, extend or further extend the period for which the permit continues to have effect by virtue of this sub-paragraph if satisfied that the extension is necessary for the purpose of winding up the estate of the deceased and that no other circumstances make it undesirable.

Textual Amendments

F1 Words in Sch. 9 para. 20(1) inserted (E.W.) (24.11.2005) by The Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005 (S.I. 2005/3027), arts. 1, 2(2)

F2 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XIII

[F3 20ZA. (1) This paragraph applies where— E+W

(a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under paragraph 4 of Schedule 8 to the Licensing Act 2003 (conversion of existing justices' licences to premises licences),

(b) the application for the licence was made by virtue of paragraph 2(3)(b) of that Schedule (application made by a person with the consent of the existing licence holder), and

(c) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.

(2) This paragraph also applies where—

(a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under section 18 of the Licensing Act 2003 (determination of application for premises licence) before 24th November 2005,

(b) a justices' licence granted under the Licensing Act 1964 has effect in respect of the premises immediately before that day (“the existing licence”),

(c) the application for the premises licence was made by a person other than the holder of the existing licence, and

(d) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.

(3) The permit is transferred, at the time the premises licence takes effect, to the holder of that licence (and, accordingly, does not cease to have effect at that time under paragraph 20(1)(a)).

(4) Subject to that, the permit continues to have effect in accordance with this Schedule.]

Textual Amendments

F3 Sch. 9 para. 20ZA inserted (E.W.) (24.11.2005) by The Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005 (S.I. 2005/3027), arts. 1, 2(3)

[F4 20A (1) A permit expressed to be granted for the purposes of subsection (1) of section 34 of this Act shall cease to have effect on the grant in respect of the premises to which the permit relates of a permit expressed to be granted for the purposes of subsection (5E) of that section. E+W+S

(2) A permit expressed to be granted for the purposes of subsection (5E) of section 34 of this Act shall cease to have effect on the grant in respect of the premises to which the permit relates of a permit expressed to be granted for the purposes of subsection (1) of that section.]

Textual Amendments

F4 Sch. 9 para. 20A inserted (20.6.1996) by S.I. 1996/1359, art. 9(6)