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Lotteries and Amusements Act 1976 (repealed)
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Changes over time for: Section 17
Version Superseded: 01/09/2007
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- 01/02/1991- Amendment
- 01/09/1997
Point in time - 01/09/2007- Amendment
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17 Restriction on grant and provisions as to duration and forfeiture of permits.E+W+S
(1)No permit under section 16 above shall be granted in respect of any premises where a licence under the M1Gaming Act 1968 is for the time being in force in respect of them or where a club or a miners’ welfare institute is for the time being registered in respect of them under Part II of that Act; and, where such a licence is granted or a club or a miners’ welfare institute is so registered in respect of any premises, and a permit under section 16 above is then in force in respect of those premises, the permit shall thereupon cease to have effect.
(2)The court by or before which the holder of a permit under section 16 above is convicted of an offence under that section in connection with the premises to which the permit relates may, if the court thinks fit, order that the permit shall be forfeited and cancelled.
(3)An order under subsection (2) above shall be deemed for the purposes of any appeal to be part of the sentence for the offence; and the permit shall not be forfeited or cancelled under that order—
(a)until the date of expiry of the period within which notice of appeal against the conviction or sentence may be given, nor
(b)if notice of appeal against the conviction or sentence is duly given within that period, until the date of the determination or abandonment of the appeal.
(4)Subsection (3) above shall not apply to Scotland, but the holder of a permit in respect of which an order under subsection (2) above is made by a court in Scotland may, without prejudice to any other form of appeal under any rule of law, appeal against the order in the same manner as against a conviction; and a permit shall not be forfeited or cancelled under an order so made—
(a)until the expiry of the period of 14 days commencing with the date on which the order was made, nor
(b)if an appeal against the order or the conviction which gave rise to it is taken within that period, until the date when that appeal is determined or abandoned or deemed to have been abandoned.
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