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

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 F175local justice area in England or Wales, or the licensing area in Scotland, in which the relevant premises are or are to be situated.

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;

• F216“the appropriate F196authority” means a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)F216... 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 F3. . ., 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

  F4(b) in Scotland, F5the 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;

• F6. . .

• “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.

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.

In the following provisions of this Schedule any reference to an application for the grant of a licence under this Act shall be construed as not including any application which by virtue of the preceding sub-paragraph is of no effect.

The provisions of this paragraph shall have effect with respect to any application for a certificate of consent (in this paragraph referred to as a “consent application”) for the purposes of an application for the grant of a licence under this Act (in this paragraph referred to, in relation to a consent application, as “the relevant licence application”).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Subject to sub-paragraph (4) of this paragraph, in determining whether to issue to an applicant a certificate consenting to his applying for the grant of a licence under this Act in respect of any premises, the Board shall have regard only to the question whether, in their opinion, the applicant is likely to be capable of, and diligent in, securing that the provisions of this Act and of any regulations made under it will be complied with, that gaming on those premises will be fairly and properly conducted, and that the premises will be conducted without disorder or disturbance.

An application for the grant of a licence under this Act may be made at any time.

F12Not later than fourteen days after the making of any such application to the licensing authority, the applicant shall cause notice of the making of the application to be published by means of an advertisement in a newspaper circulating in the licensing authority’s area.

A notice published in pursuance of this paragraph shall specify the name of the applicant, the name of the club and the location of the relevant premises, shall indicate whether the application is for a bingo club licence or for a licence under this Act other than a bingo club licence, and shall state that any person who desires to object to the grant of the licence should send to the F13proper officer of the licensing authority, F14before such date (not being earlier than fourteen days after the publication of the advertisement) as may be specified in the notice, two copies of a brief statement in writing of the grounds of his objection.

Not later than fourteen days before the date specified in the notice in accordance with the preceding sub-paragraph the applicant shall cause a like notice to be displayed outside the entrance to the relevant premises; and the applicant shall take such steps as he reasonably can to keep that notice so displayed until that date.

A notice published or displayed under this paragraph shall not include any matter which is not required by the preceding provisions of this paragraph to be included in it.

Not later than seven days after the publication of the newspaper containing the advertisement required by the last preceding paragraph, the applicant shall send a copy of that newspaper to the F16proper officer of the licensing authority; and the licensing authority shall not consider the application F17earlier than fourteen days after the date specified in the advertisement.

The F20proper officer of the licensing authority shall also cause notice of that meeting to be displayed at the place where the meeting is to be held in a position where the notice may conveniently be read by members of the public.

With the notice sent to the applicant in accordance with sub-paragraph (2) of this paragraph there shall be enclosed a copy of any objection to the grant of the licence which has been received by the F20proper officer of the licensing authority and which has not been withdrawn.

Any application for the renewal of a licence under this Act shall (subject to sub-paragraph (2) of this paragraph) be made F22not earlier than five or later than two months before the date on which the licence is due to expire, and shall be made to the F23proper officer of the licensing authority in such form and manner, and shall contain such particulars, as may be prescribed.

Not later than fourteen days after the making of any such application, the F27proper officer of the licensing authority shall cause notice of the making of the application to be published by means of an advertisement in a newspaper circulating in the licensing authority’s area.

A notice published in pursuance of the preceding sub-paragraph shall state that any person who desires to object to the renewal by the licensing authority of the licence should send to the F27proper officer of the licensing authority, before such date (not being earlier than fourteen days after the publication of the advertisement) as may be specified in the notice, two copies of a brief statement in writing of the grounds of his objection.

With the notice sent to the applicant in accordance with the preceding sub-paragraph there shall be enclosed a copy of any objection to the renewal of the licence which has been received by the F27proper officer of the licensing authority and which has not been withdrawn.

On any application for the grant or renewal of a licence under this Act, the licensing authority may grant or renew the licence without hearing the applicant if no objection to the grant or renewal has been made by any person or if every such objection has been withdrawn before the beginning of the meeting of the authority at which the authority considers the application.

The licensing authority may refuse to grant a licence under this Act if it is not shown to their satisfaction that, in the area of the authority, a substantial demand already exists on the part of prospective players for gaming facilities of the kind proposed to be provided on the relevant premises.

For the purposes of the last preceding paragraph, the Board may from time to time give advice to any licensing authority as to the extent of the demand on the part of prospective players for gaming facilities of any particular kind, either generally in Great Britain or in any particular part of Great Britain, and as to the extent to which, and the places in which, gaming facilities of any particular kind are available.

In determining whether, on an application for the grant of a licence under this Act, a licence should be refused on the grounds specified in the last preceding paragraph, the licensing authority shall take into account any advice given to them by the Board in pursuance of this paragraph, as well as any representations which, at the time when the application is being considered by the licensing authority, are made to the authority by or on behalf of the Board or any other person entitled to be heard on the consideration of the application.

In determining for the purposes of this paragraph whether the relevant premises are unsuitable by reason of any matter mentioned in sub-paragraph (1)(a) of this paragraph, the licensing authority shall take into account any advice given to them by the Board with respect to that matter.

For the purposes of sub-paragraph (1), a person shall be taken not to be a fit and proper person to be the holder of a licence under this Act if he has been convicted of an offence under the Regulatory Reform (Fire Safety) Order 2005 in respect of the relevant premises.

Where the licensing authority entertain an application for the grant or renewal of a licence under this Act in respect of any premises, and are satisfied that any bingo duty payable as mentioned in sub-paragraph (1)(f) of this paragraph remains unpaid, they shall refuse the application.

The licensing authority may also refuse to renew a licence under this Act on the grounds that, within the period of twelve months ending with the date on which the licensing authority consider the application for renewal of the licence, a notice under paragraph 7 of Schedule 5 to this Act has been served on a person stating that a relevant certificate issued in respect of him under section 19 of this Act is revoked as from the end of a period specified in that notice.

Paragraph 19 of this Schedule shall have effect for the purposes of sub-paragraph (1)(a) of this paragraph as it has effect for the purposes of paragraph 18 of this Schedule.

In this paragraph “service agreement” has the same meaning as in section 19 of this Act.

The licensing authority shall refuse to grant or renew a licence under this Act if, by virtue of a disqualification order made under section 24 of this Act, such a licence is for the time being prohibited from being held in respect of the relevant premises.

The licensing authority shall refuse to renew a licence under this Act if they are satisfied that, while the licence has been in force, the relevant premises have been habitually used for an unlawful purpose or as a resort of criminals or prostitutes.

Subject to the following provisions of this paragraph, on granting or renewing a licence under this Act the licensing authority (whether they impose any restrictions under sub-paragraph (1) of this paragraph or not) may impose restrictions limiting the purposes, other than gaming, for which, while the licence is in force, the relevant premises may be used, either generally or at such times as may be specified in the restrictions or at times when such conditions as may be so specified are fulfilled.

No restrictions shall be imposed under sub-paragraph (2) of this paragraph where, whether in pursuance of sub-paragraph (3) of this paragraph or otherwise, the licensing authority, on granting or renewing the licence, impose restrictions under sub-paragraph (1) of this paragraph in respect of the relevant premises limiting gaming to which Part II of this Act applies to the playing of bingo.

Subject to sub-paragraphs (3) and (4) of this paragraph, in determining whether to impose any restrictions under this paragraph, the licensing authority shall take into account any advice given to them by the Board (whether given for the purposes of this paragraph or in pursuance of paragraph 19 of this Schedule), as well as any representations which, at the time when the application is being considered by the licensing authority, are made to the authority by or on behalf of the Board or any other person entitled to be heard on the consideration of the application.

Where on an application under this Schedule to a licensing authority in England or Wales the authority refuse to grant or renew a licence, or impose restrictions under paragraph 24 or paragraph 25 of this Schedule, the F41proper officer of the licensing authority shall forthwith give notice of the decision of the authority to the applicant; and, within F42twenty-one days from the date of service of that notice, the applicant may, by notice to the F41proper officer of the authority, appeal against the decision to F43the Crown Court.

As soon as practicable after receiving notice of appeal against a decision of the licensing authority, the F41proper officer of the authority shall send the notice to F43the appropriate officer of the Crown Court together with a statement of the decision against which the appeal is brought and of the name and last-known residence or place of business of the appellant and of any person who opposed the application before the authority.

On receipt of the notice of appeal, F43the appropriate officer of the Crown Court shall enter the appeal and give in writing to the appellant, to the Board, to the appropriate officer of police, to the appropriate collector of duty, to any person who opposed the application before the authority and to the licensing authority not less than fourteen days’ notice of the date, time and place appointed for the hearing of the appeal.

F43The Crown Court may by its order allow or dismiss the appeal, or reverse or vary any part of the decision of the licensing authority, whether the appeal relates to that part of it or not, and may deal with the application as if it had been made to F43the Crown Court in the first instance; and the judgment of F43the Crown Court on the appeal shall be final.

A justice shall not act in the hearing or determination of an appeal under this paragraph from any decision in which he took part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

As soon as practicable after receiving notice of appeal under this paragraph, the F49proper officer of the licensing authority shall send the notice to F51the appropriate officer of the Crown Court together with a statement of the decision against which the appeal is brought and the name and last-known residence or place of business of the applicant who applied for the grant or renewal and of any person (other than the Board) who opposed the application before the licensing authority.

On receipt of the notice of appeal, F51the appropriate officer of the Crown Court shall enter the appeal and give in writing to the Board, to the applicant, to the appropriate officer of police, to any person (other than the Board) who opposed the application before the licensing authority, and to the licensing authority, not less than seven days’ notice of the date, time and place appointed for the hearing of the appeal.

Sub-paragraphs (4) and (5) of paragraph 29 of this Schedule shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under that paragraph.

Sub-paragraphs (2) . . . F53 of paragraph 30 of this Schedule shall have effect for the purposes of this paragraph as they have effect for the purposes of that paragraph.

Where on an application under this Schedule to a licensing authority in Scotland the authority refuse to grant or renew a licence, or impose restrictions under paragraph 24 or paragraph 25 of this Schedule, the F54proper officer of the licensing authority shall forthwith give notice of the decision of the authority to the applicant; and the applicant may, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by Act of Sederunt, appeal against the decision to the sheriff having jurisdiction in the authority’s area.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Where the Board determine to revoke a certificate of consent by virtue of this paragraph they shall serve a notice on the holder of the certificate stating that the certificate is revoked as from the end of the period of eight weeks from the date of service of the notice; and the revocation shall take effect at the end of that period, unless before the end of that period the Board have served on the holder of the certificate a further notice stating that they have rescinded their decision to revoke the certificate.

Where the Board serve any such notice as is mentioned in sub-paragraph (4) of this paragraph they shall send a copy of the notice to the F57proper officer of the licensing authority, to the appropriate officer of police and to the appropriate collector of duty.

An application under this paragraph shall contain such particulars as the holder of the certificate can reasonably provide of the controller in question and of the nature and extent of his interest in the holder of the certificate and in any body corporate of which the holder is a subsidiary.

The Board may on an application under this paragraph revoke the certificate to which the application relates if it appears to them that, if the holder were then applying for such a certificate under paragraph 4 of this Schedule, they would in accordance with sub-paragraphs (5) and (6) of that paragraph determine not to issue it; and the Board may also revoke a certificate if the holder fails to make an application in respect of it in accordance with this paragraph in a case in which this paragraph requires him to do so.

Where on an application under this paragraph the Board continue a certificate in force they shall serve on the applicant a notice stating that they have done so; and sub-paragraphs (4), (5) and (6) of paragraph 35 of this Schedule shall have effect in relation to the revocation of a certificate by virtue of this paragraph as they have effect in relation to the revocation of a certificate by virtue of that paragraph.

In this paragraph “controller”, in relation to a body corporate, means a person who, either alone or with any associate or associates, is entitled to exercise, or control the exercise of, 15 per cent. or more of the voting power at any general meeting of the body corporate or of another body corporate of which it is a subsidiary.

In this paragraph “subsidiary” has the same meaning as in the M4 Companies Act 1985.

An application for the cancellation of a licence under this Act may be made by any person at any time to the F60proper officer of the licensing authority.

Any such application shall be made in the prescribed form and manner and shall be accompanied by two copies of a statement of the grounds on which the application is made.

On receipt of such an application, the F60proper officer of the licensing authority shall submit it to one member of the authority for consideration by him.

In any other case, the member of the licensing authority to whom the application is submitted shall refer it to the licensing authority.

Where a licensing authority in England or Wales refuse to cancel a licence under this Act, the Board may, by notice to the F62proper officer of the licensing authority, appeal against the decision of the licensing authority to F63the Crown Court.

Where a licensing authority in Scotland refuse to cancel a licence under this Act, the Board may, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by Act of Sederunt, appeal against the decision of the licensing authority to the sheriff having jurisdiction in the authority’s area.

Sub-paragraphs (2) and (3) of paragraph 33 of this Schedule shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under that paragraph.

Where a person is the holder of a licence under this Act, and the licence is cancelled by virtue of an order made under this paragraph, the F67proper officer of the court by which the order was made shall, unless he is also the F67proper officer of the licensing authority, send a copy of the order to the F67proper officer of the licensing authority; and (without prejudice to the renewal of any other licence under this Act held by the same person) the licensing authority shall, notwithstanding anything in the preceding provisions of this Schedule, refuse any application by that person for the grant of a licence under 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.

Where under paragraph 42 of this Schedule a licensing authority cancels a licence under this Act, the authority may make a disqualification order under this paragraph prohibiting such a licence from being held in respect of the relevant premises during a period specified in the order.

The period specified in a disqualification order under this paragraph shall not exceed five years from the date on which the order comes into force.

Subject to the next following paragraph, where a disqualification order under this paragraph is made, any licence within the prohibition, if previously obtained, shall by virtue of the order be cancelled, or, if subsequently obtained, shall be null and void.

If any such licence as granted or renewed is subject to any restrictions imposed under paragraph 24 or paragraph 25 of this Schedule, the licence as granted or renewed shall include a statement of those restrictions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

Where an application for the renewal of a licence under this Act has been duly made, the licence shall not cease to be in force by virtue of the last preceding paragraph before the licensing authority have determined the application.

Where, on such an application, the licensing authority refuse to renew the licence, it shall not cease to be in force 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 be in force by virtue of that paragraph until the appeal has been determined or abandoned.

An application for the transfer of a licence under this Act from one person to another shall be of no effect unless the Board have issued to the applicant a certificate consenting to his applying for a transfer of the licence to that other person, and that certificate is for the time being in force and the application is made within the period specified in the certificate.

In the following provisions of this Schedule any reference to an application for the transfer of a licence under this Act shall be construed as not including any application which by virtue of the preceding sub-paragraph is of no effect.

The provisions of this paragraph shall have effect in relation to any application to the Board for such a certificate of consent as is mentioned in the last preceding paragraph.

Subject to sub-paragraph (2) of this paragraph, in determining whether to issue such a certificate of consent the Board shall have regard only to the question whether, in their opinion, the proposed transferee is likely to be capable of, and diligent in, securing that the provisions of this Act and of any regulations made under it will be complied with, that gaming on the premises specified in the licence will be fairly and properly conducted, and that the premises will be conducted without disorder or disturbance.

If on an application made under the last preceding paragraph the Board issue to the applicant a certificate consenting to his applying for the transfer of the licence to the proposed transferee, the certificate shall specify a period within which an application to the licensing authority for the transfer of the licence can be made.

Where the Board have issued a certificate of consent in respect of the transfer of a licence under this Act, then, subject to the following provisions of this paragraph, the Board may revoke that certificate at any time before the licence has been transferred to the proposed transferee.

Where the Board determine to revoke a certificate by virtue of this paragraph they shall serve a notice on the holder of the certificate stating that the certificate is revoked; and the revocation shall take effect on the service of that notice.

Where the Board serve a notice under sub-paragraph (3) of this paragraph they shall send a copy of the notice to the F73proper officer of the licensing authority, to the appropriate officer of police and to the appropriate collector of duty.

An application for the transfer of a licence under this Act from one person to another may be made at any time, and shall be made to the F74proper officer of the licensing authority in such form and manner as may be prescribed and shall be accompanied by a copy of the certificate of consent issued by the Board for the purposes of that application.

Notwithstanding anything in the preceding provisions of this Schedule, no licence under this Act shall be granted, renewed or transferred except on payment by the applicant to the F84proper officer of the licensing authority of the fee chargeable in accordance with section 48 of this Act.

The F84proper officer of a licensing authority in Scotland shall pay over all fees received by him under this paragraph to the local authority F85who defray the expenses of the licensing authority; . . . . F86.

A body corporate which fails to comply with the preceding sub-paragraph shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F89level 3 on the standard scale.

Where the holder of a licence under this Act (other than a bingo club licence) is a public company, then, if at any time the company receives any notification under Part VI of the Companies Act 1985, the company shall send a copy of the notification to the Board as soon as reasonably practicable after that time.

A company which fails to comply with sub-paragraph (1) of this paragraph shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In this paragraph “public company” has the meaning given by section 1(3) of the said Act of 1985.

The holder of a licence under this Act may at any time relinquish the licence by notice to the F92proper officer of the licensing authority; and, where such a notice is given, the licence shall thereupon be treated as cancelled.

Each licensing authority in England or Wales shall, in respect of premises within the area of the authority as mentioned in paragraph 1 of Schedule 2 to this Act, be the authority responsible for the registration of clubs and institutes under Part II of this Act and for the renewal and cancellation of any such registration.

In this Schedule “institute” means a miners’ welfare institute.

Without prejudice to the preceding sub-paragraph, the licensing authority shall refuse to register a club or to renew the registration of a club under Part II of this Act if it appears to the authority that the principal purpose for which the club is established or conducted is gaming, unless the authority are satisfied that the gaming in question consists exclusively of playing bridge or whist, or both bridge and whist.

On registering or renewing the registration of a club or institute under Part II of this Act, the licensing authority may, if they think fit, impose restrictions limiting the gaming to a particular part or parts of the relevant premises.

Any restrictions imposed under the preceding sub-paragraph shall be imposed so as to have effect until the registration of the club or institute under Part II of this Act ceases to have effect or is next renewed (whichever first occurs), but without prejudice, where the registration is renewed, to any power of the licensing authority under the preceding sub-paragraph to impose the like or any other restrictions on renewing the registration.

Where on an application under this Schedule the licensing authority refuse to register or renew the registration of a club or institute under Part II of this Act, or impose restrictions under the last preceding paragraph, the F177designated officer for the licensing authority shall forthwith give notice of the decision of the authority to the applicant; and, within F107twenty-one days from the date of service of that notice, the applicant may, by notice to the F177designated officer for the authority, appeal against the decision to F108the Crown Court.

Sub-paragraphs (2) to (5) of paragraph 29 of Schedule 2 to this Act, and paragraph 30 of that Schedule, shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under paragraph 29 of that Schedule.

Where on an application under this Schedule the licensing authority register, or renew the registration of, a club or institute under Part II of this Act after hearing any objection or representations made by or on behalf of the Board or any other person, and the Board desire to contend that the registration or renewal ought to have been refused, the Board may, by notice to the F178designated officer for the licensing authority, appeal against the decision of the licensing authority to F109the Crown Court.

Sub-paragraphs (4) and (5) of paragraph 29, sub-paragraphs (2) F165... of paragraph 30 and sub-paragraphs (2) and (3) of paragraph 31 of Schedule 2 to this Act shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under paragraph 31 of that Schedule.

Where on an application made by virtue of paragraph 14 of this Schedule the licensing authority decide to cancel the registration of a club or institute under Part II of this Act, the F179designated officer for the licensing authority shall forthwith give notice of the decision of the authority to the chairman or secretary of the club or institute; and, within F110twenty-one days from the date of service of that notice, the chairman or secretary may, by notice to the F179designated officer for the licensing authority, appeal against the decision to F111the Crown Court.

The provisions of paragraph 29(2) to (5) of Schedule 2 to this Act, and of paragraph 30 of that Schedule, shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under paragraph 29 of that Schedule, but as if in those provisions any reference to a person who opposed the application before the licensing authority were a reference to the person who made the application for the registration to be cancelled.

Where an application for cancellation of the registration of a club or institute under Part II of this Act is made by the Board, and the licensing authority refuse to cancel the registration, the Board may, by notice to the F180designated officer for the licensing authority, appeal against the decision of the licensing authority to F112the Crown Court.

Where on an application under this Schedule a club or institute is registered, or the registration of a club or institute is renewed, under Part II of this Act, the licensing authority shall issue to the applicant a certificate (in this Schedule referred to as a “registration certificate”) which shall be in the prescribed form.

If the registration or any renewal of the registration of a club or institute is subject to any restrictions imposed under paragraph 11 of this Schedule, the registration certificate shall include a statement of those restrictions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

An application for renewal of the registration of a club or institute under Part II of this Act may specify a number of years, not exceeding ten, for which the renewal is requested; and any renewal of the registration shall be for such number of years, not exceeding the number specified in the application, as the licensing authority think fit.

Except as provided by the preceding sub-paragraph, any renewal of the registration shall be for a period of one year.

Where the registration of a club or institute under Part II of this Act has been renewed for a period of two or more years, and is subject to any restriction imposed under paragraph 11 of this Schedule, then, with a view to the cancellation or variation of those restrictions, an application for renewal of the registration may be made in any of those years, notwithstanding that the registration is not due to expire in that year.

On any application made by virtue of this paragraph the registration may be renewed F119as if it were due to expire on the day before the anniversary of the date on which it was renewed or last renewed.

Where an application for renewal of the registration of a club or institute under Part II of this Act has been duly made, the registration shall not cease to have effect by virtue of paragraph 19 of this Schedule until the licensing authority have determined the application.

Where, on such an application, the licensing authority refuse to renew the registration, it shall not cease to have effect by virtue of paragraph 19 of this Schedule 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.

A club or institute registered under Part II of this Act may at any time relinquish its registration by notice given to the F184designated officer for the licensing authority by the chairman or secretary of the club or institute; and, where such a notice is given, the registration of the club or institute under Part II of this Act shall thereupon be treated as cancelled.

Where the registration of a club or institute is relinquished under this paragraph, the F184designated officer for the licensing authority shall give notice of that fact to the Board, the appropriate officer of police and the appropriate collector of duty.

The sheriff shall, in respect of premises in Scotland within his jurisdiction, be the authority responsible for the registration of clubs and institutes under Part II of this Act and for the renewal and cancellation of any such registration.

In this Schedule, “institute” means a miners’ welfare institute.

Any provision of Schedule 2 to this Act containing a reference to the licensing authority, the clerk to the licensing authority and a newspaper circulating in the authority’s area shall, when applied by any provision of this Schedule, be construed respectively as a reference to the sheriff, the sheriff clerk and a newspaper circulating within the jurisdiction of the sheriff.

In this Schedule—

• “the appropriate chief constable” means the chief constable for the police area in which the relevant premises are situated;

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

• “the relevant premises”, in relation to registration under Part II of this Act or to an application relating to such registration, means the premises in respect of which a club or institute is for the time being registered under that Part or the premises to which the application relates, as the case may be.

An application for the registration of a club or institute in Scotland under Part II of this Act may be made at any time, and shall be made to the sheriff clerk in such form and manner as may be prescribed.

Any such application shall specify the name, objects and address of the club or institute to which it relates and the premises in respect of which it is proposed that the club or institute should be registered, and shall contain such other particulars as may be prescribed.

Not later than seven days after the date on which the application is made, the applicant shall send a copy of the application to . . . F120 the appropriate chief constable and to the appropriate collector of duty.

Not later than seven days after the publication of the newspaper containing the advertisement required by F122paragraph 6 of Schedule 2 to this Act as it has effect by virtue of the last foregoing paragraph, the applicant shall send a copy of that newspaper to the sheriff clerk; and the sheriff shall not consider the application earlier than fourteen days after the date specified in the advertisement.

On or after the date so specified, but not later than seven days before the date appointed for the consideration of the application the sheriff clerk shall send to the applicant a copy of any objection to the proposed registration which he has received and which has not been withdrawn.

Not later than six weeks before the date of expiry of the registration of a club or institute in Scotland under Part II of this Act, the sheriff clerk shall, unless an application for renewal of the registration has already been received by him, serve notice on the chairman or secretary of that club or institute that the registration will expire on that date unless an application for its renewal is made in accordance with this Schedule.

At the same time as serving notice on the chairman or secretary of the club or institute under the foregoing sub-paragraph, the sheriff clerk shall cause to be published in a newspaper circulating within the jurisdiction of the sheriff an advertisement stating that the registration of the club will shortly expire and that any person who desires to object to its renewal should send to the sheriff clerk, before such date (not being earlier than fourteen days after the publication of the advertisement) as may be specified therein, two copies of a brief statement in writing of the grounds of his objection.

A notice served under sub-paragraph (1) of this paragraph shall state that any application for renewal of the registration must be received by the sheriff clerk before such date (not being earlier than fourteen days after the service of the notice) as may be specified in the notice.

Any application for renewal of the registration of a club or institute in Scotland under Part II of this Act shall be made to the sheriff clerk and (subject to sub-paragraph (3) of this paragraph) shall be made before the date specified as mentioned in paragraph 6(3) of this Schedule, and shall be made in such form and manner, and shall contain such particulars, as may be prescribed.

Without prejudice to the preceding sub-paragraph, the sheriff shall refuse to register a club or to renew the registration of a club under Part II of this Act if it appears to the sheriff that the principal purpose for which the club is established or conducted is gaming, unless the sheriff is satisfied that the gaming in question consists exclusively of playing bridge or whist, or both bridge and whist.

On registering or renewing the registration of a club or institute under Part II of this Act, the sheriff may, if he thinks fit, impose restrictions limiting the gaming to a particular part or parts of the relevant premises.

Any restrictions imposed under the preceding sub-paragraph shall be imposed so as to have effect until the registration of the club or institute under Part II of this Act ceases to have effect or is next renewed (whichever first occurs), but without prejudice, where the registration is renewed, to any power of the sheriff under the preceding sub-paragraph to impose the like or any other restrictions on renewing the registration.

Where the registration of a club or institute is cancelled by virtue of an order made under this paragraph, the sheriff 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.

Where on an application under this Schedule a club or institute is registered, or the registration of a club or institute is renewed, under Part II of this Act, the sheriff shall issue to the applicant a certificate (in this Schedule referred to as a “registration certificate”) which shall be in the prescribed form.

If the registration or any renewal of the registration of a club or institute is subject to any restrictions imposed under paragraph 13 of this Schedule, the registration certificate shall include a statement of those restrictions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

An application for renewal of the registration of a club or institute in Scotland under Part II of this Act may specify a number of years, not exceeding ten, for which the renewal is requested; and any renewal of the registration shall be for such number of years, not exceeding the number specified in the application, as the sheriff thinks fit.

Except as provided by the preceding sub-paragraph, any renewal of the registration shall be for a period of one year.

Where the registration of a club or institute in Scotland under Part II of this Act has been renewed for a period of two or more years, and is subject to any restriction imposed under paragraph 13 of this Schedule, then, with a view to the cancellation or variation of those restrictions, an application for renewal of the registration may be made in any of those years, notwithstanding that the registration is not due to expire in that year.

On any application made by virtue of this paragraph the registration may be renewed as if it were due to expire at the end of the month of December in that year.

A club or institute registered under Part II of this Act may at any time relinquish its registration by notice given to the sheriff clerk by the chairman or secretary of the club or institute; and, where such a notice is given, the registration of the club or institute under Part II of this Act shall thereupon be treated as cancelled.

Where the registration of a club or institute is relinquished under this paragraph, the sheriff clerk shall give notice of that fact to the Board, the appropriate chief constable and the appropriate collector of duty.

A certificate may be issued in accordance with the following provisions of this Schedule for the purposes of subsection (1) of section 27 of this Act only, or for the purposes of subsection (5) of that section only, or for the purposes of both those subsections.

In determining, for the purposes of this Schedule, whether a person is a fit and proper person to perform the relevant functions, where he carries on a business which consists of or includes those functions, regard shall be had in particular to the way in which the business is conducted by him and by any persons employed by him or acting on his behalf in connection with the business.

Without prejudice to the preceding sub-paragraph, for the purposes of this Schedule a person shall not be taken to be a fit and proper person to perform the relevant functions if those functions are, or if the certificate in question were issued or renewed would be, performed by him as servant or agent of, or otherwise for the benefit of, a person who would himself be refused a certificate as not being a fit and proper person to perform those functions.

Paragraph 2 of Schedule 2 to this Act shall have effect for the purposes of this Schedule as if in that paragraph references to a licence under this Act, to premises in respect of which such a licence is for the time being in force, and to an application relating to such a licence, were references respectively to registration under Part III of this Act, to premises in respect of which a club or institute is for the time being registered under Part III of this Act, and to an application relating to such registration.

In this Schedule “institute” means a miners’ welfare institute.

An application for the registration of a club or institute under Part III of this Act may be made at any time, and shall be made to the F187designated officer for the licensing authority in such form and manner as may be prescribed.

Any such application shall specify the name, objects and address of the club or institute to which it relates and the premises in respect of which it is proposed that the club or institute should be registered, and shall contain such other particulars as may be prescribed.

Not later than seven days after the date on which the application is made, the applicant shall send a copy of the application to the appropriate officer of police.

An application for renewal of the registration of a club or institute under Part III of this Act shall be made not earlier than three months and not later than six weeks before the date on which the registration is due to expire, and shall be made to the F188designated officer for the licensing authority in such form and manner as may be prescribed.

Not later than seven days after the date on which any such application is made, the applicant shall send a copy of the application to the appropriate officer of police.

On any application for the registration, or for renewal of the registration, of a club or institute under Part III of this Act, the licensing authority may register or renew the registration of the club or institute without hearing the applicant if no objection to the registration or renewal of registration has been made by or on behalf of the appropriate officer of police, or if any objection so made has been withdrawn.

Except as provided by the preceding sub-paragraph, on any such application the applicant and the appropriate officer of police shall be entitled to be heard either in person or by counsel or a solicitor.

A licensing authority may from time to time adjourn the consideration of any application for the registration or for renewal of the registration of a club or institute under Part III of this Act.

Where on an application under this Schedule the licensing authority refuse to register or renew the registration of a club or institute under Part III of this Act, the F185designated officer for the licensing authority shall forthwith give notice of the decision of the authority to the applicant; and, within F132twenty-one days from the date of service of that notice, the applicant may, by notice to the F185designated officer for the authority, appeal against the decision to F133the Crown Court.

As soon as practicable after receiving notice of appeal against such a decision of the licensing authority, the F186designated officer for the authority shall send the notice to F134the appropriate officer of the Crown Court together with a statement of the decision against which the appeal is brought and of the name and last-known residence or place of business of the appellant.

On receipt of the notice of appeal, F134the appropriate officer of the Crown Court shall enter the appeal and give in writing to the appellant, to the appropriate officer of police and to the licensing authority not less than seven days’ notice of the date, time and place appointed for the hearing of the appeal.

F133The Crown Court may by its order allow or dismiss the appeal and may deal with the application as if it had been made to F133the Crown Court in the first instance; and the judgment of F133the Crown Court on the appeal shall be final.

A justice shall not act in the hearing or determination of an appeal under this paragraph from any decision in which he took part.

Subject to the following provisions of this paragraph, an application for cancellation of the registration of a club or institute under Part III of this Act may be made at any time by the appropriate officer of police to the F189designated officer for the licensing authority.

Any such application shall be made in the prescribed form and manner and shall be accompanied by two copies of a statement of the grounds on which the application is made.

Where on any such application the licensing authority decide to cancel the registration, the F191designated officer for the licensing authority shall forthwith give notice of the decision to the chairman or secretary of the club or institute; and, within F135twenty-one days from the date of service of that notice, the chairman or secretary may, by notice to the F191designated officer for the licensing authority, appeal against the decision to F136the Crown Court.

Sub-paragraphs (2) to (5) of paragraph 11 of this Schedule, and the provisions applied by paragraph 12 of this Schedule, shall have effect in relation to cancellation of the registration of a club or institute under Part III of this Act as they have effect in relation to refusal to register a club or institute.

Where an application for renewal of the registration of a club or institute under Part III of this Act has been duly made, the registration shall not cease to have effect by virtue of the last preceding paragraph until the licensing authority have determined the application.

Where, on such an application, the licensing authority refuse to renew the registration, 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.

A club or institute registered under Part III of this Act may at any time relinquish its registration by notice given to the F193designated officer for the licensing authority by the chairman or secretary of the club or institute; and, where such a notice is given, the registration of the club or institute under Part III of this Act shall thereupon be treated as cancelled.

Where the registration of a club or institute is relinquished under this paragraph, the F193designated officer for the licensing authority shall give notice of that fact to the appropriate officer of police.

No resolution under paragraph 3 of this Schedule shall have effect in relation to the grant or renewal of permits in respect of premises to which this paragraph applies.

This paragraph applies to any premises used or to be used wholly or mainly for the provision of amusements by means of machines to which Part III of this Act applies.

The holder of a permit may apply from time to time for the renewal of the permit.

Where an application for the grant of a permit for the purposes of subsection (5E) of section 34 is made in respect of premises in respect of which the applicant holds a permit under that section which is expressed to be granted for the purposes of subsection (1) of that section, the appropriate authority may only refuse to grant the permit if they would have grounds for refusing an application to renew the existing permit.

Where an application for the grant of a permit for the purposes of subsection (1) of section 34 is made in respect of premises in respect of which the applicant holds a permit under that section which is expressed to be granted for the purposes of subsection (5E) of that section, the appropriate authority may only refuse to grant the permit if they would have grounds for refusing an application to renew the existing permit were it expressed to be granted for the purposes of subsection (1) of that section.

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 7 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 machines to which Part III of this Act applies should be used for providing amusements on those premises.

The preceding provisions of this paragraph shall have effect subject to section 34(7) of this Act.

A permit in respect of any such premises as are mentioned in F214... sub-paragraph (c) of paragraph 1 of this Schedule shall be subject to the condition that any machine in respect of which the conditions mentioned in section 34(5A) of this Act are observed is located in a bar.

This paragraph applies where a local authority grant a permit in respect of premises to which paragraph 4 of this Schedule applies.

The authority shall state in the permit whether it is granted for the purposes of subsection (1) or (5E) of section 34 of this Act.

Where on an application under this Schedule in England or Wales the appropriate authority refuse to grant or renew a permit, or grant or renew it subject to a condition, the authority shall forthwith give to the applicant notice of their decision and of the grounds on which it is made.

Where such a notice has been given, the applicant may, by notice to the F206clerk to the appropriate authority, appeal against the decision to F153the Crown Court.

As soon as practicable after receiving notice of appeal against a decision of the appropriate authority, the F206clerk to the authority shall send the notice to F154the appropriate officer of the Crown Court together with a statement of the decision against which the appeal is brought and of the name and last-known residence or place of business of the appellant.

On receipt of the notice of appeal, F154the appropriate officer of the Crown Court shall enter the appeal and give to the appellant and to the appropriate authority not less than seven days’ notice in writing of the date, time and place appointed for the hearing of the appeal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where the appeal is an appeal against a decision of a local authority refusing to grant or renew a permit, F155the 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.

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.

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.

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)).

Subject to that, the permit continues to have effect in accordance with this Schedule.

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.

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.