SCHEDULES

SCHEDULE 9 E+W+S Permits under section 34

Modifications etc. (not altering text)

C1 Sch. 9: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B(9)

Appeal in England or Wales against decision of appropriate authority E+W+S

12 (1) Where the appeal is an appeal against a decision of a local authority refusing to grant or renew a permit, [F1 the Crown Court] shall not allow the appeal if satisfied that, by virtue of paragraph 7 of this Schedule, it was the duty of the authority to refuse to grant or renew the permit. E+W+S

(2) Where the appeal is against a decision of a local authority to grant or renew a permit subject to a condition, and [F1 the Crown Court] is satisfied that, by virtue of paragraph 9 of this Schedule, it was the duty of the authority to grant or renew the permit subject to such a condition as is mentioned in that paragraph, the court shall not reverse or vary the decision so as—

(a) to grant or renew the permit unconditionally, or

(b) to grant or renew the permit subject to a condition limiting the number of machines to which Part III of this Act applies which may be made available for gaming on the premises to a number exceeding the number specified in the resolution of the local authority.

Textual Amendments

F1 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I