Gambling Act 2005

5 (1) This paragraph applies if a licensing authority determine under paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section 175 and the order under it. E+W+S

(2) The authority shall then determine which of those applications to grant under section 163(1)(a).

(3) For that purpose the authority—

(a) shall determine which of the competing applications would, in the authority's opinion, be likely if granted to result in the greatest benefit to the authority's area,

(b) may enter into a written agreement with an applicant, whether as to the provision of services in respect of the authority's area or otherwise,

(c) may determine to attach conditions under section 169 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and

(d) may have regard to the effect of an agreement entered into under paragraph (b) in making the determination specified in paragraph (a).

(4) Having determined to grant one or more applications under sub-paragraph (2) the authority shall—

(a) grant that application or those applications under section 163(1)(a), and

(b) reject the other competing applications under section 163(1)(b).

(5) The list in section 164(1)(a) shall be treated as including any competing applicant whose application the authority decided provisionally to grant under paragraph 4.

Commencement Information

I1 Sch. 9 para. 5 in force at 21.5.2007 by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I2 Sch. 9 para. 5 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.