SCHEDULES
SCHEDULE 10Family Entertainment Centre Gaming Machine Permits
Duration
12
A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 11(1)(c) unless—
I1a
it ceases to have effect before that time in accordance with a provision of this Schedule, or
I6b
it is renewed in accordance with paragraph 18.
I213
1
A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 11(1)(b).
2
A permit shall not take effect if on the date specified under paragraph 11(1)(c) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 11(1)(b).
I714
A permit shall lapse if the licensing authority notify the holder that the premises are not being used as a family entertainment centre.
I315
1
A permit held by an individual shall lapse if—
a
he dies,
b
he becomes, in the opinion of the licensing authority as notified to him, incapable of carrying on the activities authorised by the permit by reason of mental or physical incapacity,
c
he becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), or
d
sequestration of his estate is awarded under section 12(1) of the Bankruptcy (Scotland) Act 1985 (c. 66).
2
In any other case a permit shall lapse if the holder—
a
ceases to exist, or
b
goes into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).
3
During the period of six months beginning with the date on which a permit lapses under this paragraph the following may rely on it as if it had effect and were issued to them—
a
the personal representatives of the holder (in the case of an individual holder who dies),
b
the trustee of the bankrupt's estate (in the case of an individual holder who becomes bankrupt), and
c
the liquidator of the company (in the case of a company holder that goes into liquidation).
I416
A permit shall cease to have effect if the holder gives to the licensing authority—
a
notice of surrender, and
b
either—
i
the permit, or
ii
a statement explaining why it is not reasonably practicable to produce the permit.
I517
1
Where the holder of a permit is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit.
2
Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—
a
the court which orders forfeiture,
b
a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or
c
the High Court, if hearing proceedings relating to the conviction.
3
Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.
4
The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the holder of the permit deliver to the licensing authority within such time as the order may specify—
a
the permit, or
b
a statement explaining why it is not reasonably practicable to produce the permit.
5
As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.