Gambling Act 2005

195 Reinstatement E+W+S

(1) This section applies where a premises licence lapses under section 194.

(2) During the period of six months beginning with the date of the lapse of the premises licence a person may apply to the licensing authority for the licence to be reinstated with the applicant as the licensee.

(3) The provisions of this Part shall apply in relation to an application for reinstatement as they apply in relation to an application for a premises licence—

(a) subject to the provisions of this section and section 196, and

(b) with any other necessary modifications.

(4) An application for reinstatement must (in addition to anything required by section 159) request that the reinstatement take effect upon the application being granted.

(5) A licensing authority shall grant an application for reinstatement unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (3) above).

(6) On the grant of an application for the reinstatement of a premises licence the licensing authority—

(a) shall alter the licence so that the applicant for reinstatement becomes the licensee,

(b) shall specify in the licence that the reinstatement takes effect at the time when the application is granted, and

(c) shall make such other alteration of the licence as appears to them to be required (which may, in particular, include an alteration to reflect a decision of the authority under section 169 as applied by subsection (3) above to make new or varied provision for the attachment or exclusion of conditions).

Commencement Information

I1 S. 195 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)