15[F1(A1)This paragraph applies only in relation to premises in Northern Ireland.]U.K.
(1)Where, on the conviction of any person of an offence under [F2paragraph 13(3) above] in connection with general betting duty [F3. . .] the Commissioners—
(a)certify to the court by or before whom that person is so convicted that [F4there has been at least one previous occasion on which that or another person has been either—
(i)convicted of an offence under paragraph 13(3) above; or
(ii)assessed to a penalty to which he was liable under section 8 of the Finance Act 1994 (penalty for evasion) [F5or a penalty for a deliberate inaccuracy under paragraph 1 of Schedule 24 to the Finance Act 2007 (penalties for errors)],
in respect of conduct taking place] in the course of the operation of the same premises as a betting office and while the same person has been the holder of a betting office licence in respect thereof, and
(b)make application to that court for effect to be given to this sub-paragraph,
that court shall order that the betting office licence in respect of those premises shall be forfeited and cancelled.
(2)A licence shall not be forfeited or cancelled under such an order made by a court F6. . . —
(a)until the date of expiration of the period within which notice of appeal against the conviction which gave rise to the order may be given, or
(b)if notice of appeal against that conviction is duly given within the period aforesaid, until the date of the determination or abandonment of the appeal, or
(c)if on any such appeal the appeal is allowed.
(3)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(5)Subject to sub-paragraph (6) below, where under sub-paragraph (1) above a court orders that a betting office licence held by a person in respect of premises F9. . . shall be forfeited and cancelled, no court of summary jurisdiction shall entertain an application by that person for the grant (or provisional grant) of a new betting office licence in respect of those premises or any other premises situated in the same petty sessions district as those premises made less than twelve months after that forfeiture and cancellation.
(6)Sub-paragraph (5) above—
(a)shall not prejudice the right of such a person as is mentioned in that sub-paragraph to seek the renewal of any betting office licence (other than that which is forfeited) which he holds; and
(b)applies notwithstanding anything in Article 12 of the M1Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985].
Textual Amendments
F1Sch. 1 para. 15(A1) inserted (1.9.2007) by Finance Act 2007 (c. 11), s. 105, Sch. 25 paras. 11(3)(a), 23; S.I. 2007/2532, art. 2
F2Words in Sch. 1 para. 15(1) substituted (1.1.1995) by 1994 c. 9, s. 9, Sch. 4 Pt. V para. 62(3)(a) (with s. 19(3)); S.I. 1994/2679, art. 3.
F3Words in Sch. 1 para. 15(1) repealed (1.1.1995) by 1994 c. 9, ss. 9, 258, Sch. 4 Pt. V para. 62(3)(a), Sch. 26 Pt. III Note (with s. 19(3)); S.I. 1994/2679, art. 3.
F4Words in Sch. 1 para. 15(1)(a) substituted (1.1.1995) by 1994 c. 9, s. 9, Sch. 4 Pt. V para. 62(3)(b) (with s. 19(3)); S.I. 1994/2679, art. 3.
F5Words in Sch. 1 para. 15(1)(a)(ii) inserted (1.4.2009) by The Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009 (S.I. 2009/571), art. 1(1), Sch. 1 para. 6
F6Words in Sch. 1 para. 15(2) repealed (1.9.2007) by Finance Act 2007 (c. 11), ss. 105, 114, Sch. 25 paras. 11(3)(b), 23, Sch. 27 Pt. 6(3); S.I. 2007/2532, art. 2
F7Sch. 1 para. 15(3)-(4A) repealed (1.9.2007) by Finance Act 2007 (c. 11), ss. 105, 114, Sch. 25 paras. 11(3)(c), 23, Sch. 27 Pt. 6(3); S.I. 2007/2532, art. 2
F8Sub-paras (5) and (6) inserted by Finance Act 1986 (c. 41, SIF 12:2), s. 6, Sch. 4 Pt. I para. 11(2)(c)
F9Words in Sch. 1 para. 15(5) repealed (1.9.2007) by Finance Act 2007 (c. 11), ss. 105, 114, Sch. 25 paras. 11(3)(d), 23, Sch. 27 Pt. 6(3); S.I. 2007/2532, art. 2
Marginal Citations