SCHEDULES
SCHEDULE 12Club Gaming Permits and Club Machine Permits
Cancellation and forfeiture
21
1
The licensing authority which issued a permit may cancel it if the authority think—
a
that the premises on which the holder of the permit conducts its activities are used wholly or mainly by children, by young persons or by both, or
b
that an offence, or a breach of a condition of a permit, has been committed in the course of gaming activities carried on by the holder of the permit.
2
Before cancelling a permit under this paragraph a licensing authority shall—
a
give the holder of the permit at least 21 days' notice of the authority's intention to consider cancelling the permit,
b
consider any representations made by the holder,
c
hold a hearing if the holder requests one, and
d
comply with any prescribed requirements for the procedure to be followed in considering whether to cancel a permit.
3
If a licensing authority cancel a permit they shall as soon as is reasonably practicable give notice of the cancellation and the reasons for it to—
a
the holder,
b
the Commission, and
c
the chief officer of police for any area in which the premises to which the permit relates are wholly or partly situated.
4
The cancellation of a permit shall not take effect until—
a
the period specified in paragraph 25(5)(c) has expired without an appeal being brought, or
b
any appeal brought has been determined.
22
1
The licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 14.
2
But a licensing authority may disapply sub-paragraph (1) if they think that a failure to pay is attributable to administrative error.
23
1
Where the holder of a permit, or an officer of the holder of a permit, is convicted of an offence under this Act by or before a court in Great Britain, the court 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 sub-paragraph (1).
4
The terms on which a forfeiture order is made under this paragraph shall, in particular, include a requirement that the holder deliver to the licensing authority who issued the permit, 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 an order for forfeiture under this paragraph the court shall notify the licensing authority who issued the permit.