The Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/3027

2005No. 3027

LICENCES AND LICENSING

The Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005

30thOctober2005

1stNovember2005

24thNovember2005

It appears to the Secretary of State that it is appropriate to make the amendments set out in this Order.

Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by section 198(2) of the Licensing Act 2003( 1):

Citation and commencement

1.This Order may be cited as the Licensing Act 2003 (Amendment of the Gaming Act 1968) (Transfer of Gaming Machine Permits) Order 2005 and shall come into force on 24th November 2005.

Transfer of gaming machine permits for alcohol licensed premises

2.-

(1) Schedule 9 to the Gaming Act 1968( 2) (permits under section 34), as it extends to England and Wales, shall be amended as follows.

(2) At the beginning of paragraph 20(1) there shall be inserted "Subject to paragraph 20ZA,".

(3) After paragraph 20 there shall be inserted-

20ZA.-

(1) This paragraph applies where-

(a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under paragraph 4 of Schedule 8 to the Licensing Act 2003 (conversion of existing justices' licences to premises licences),(b) the application for the licence was made by virtue of paragraph 2(3)(b) of that Schedule (application made by a person with the consent of the existing licence holder), and(c) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.

(2) This paragraph also applies where-

(a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under section 18 of the Licensing Act 2003 (determination of application for premises licence) before 24th November 2005,(b) a justices' licence granted under the Licensing Act 1964( 3) has effect in respect of the premises immediately before that day ( "the existing licence "),(c) the application for the premises licence was made by a person other than the holder of the existing licence, and(d) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.

(3) The permit is transferred, at the time the premises licence takes effect, to the holder of that licence (and, accordingly, does not cease to have effect at that time under...

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