Paragraph 106 Conversion of section 16 permits into prize gaming permits: supplementary provisionsI1

This paragraph applies to an application for a prize gaming permit where the person making the application qualifies as an existing operator by virtue of paragraph 101(2)(b).

Paragraph 102(1) is to have effect in relation to such an application as if the following paragraph was substituted for paragraph (b)—

“(b)

the application relates to the same or substantially the same premises as those to which the application for the section 16 permit relates, and”.

Where the application meets the conditions in paragraphs (a) to (c) of paragraph 102(1), that sub-paragraph is to be modified so that—

Sub-paragraph (3)(b) is subject to paragraph 107(2).

The following provisions of this paragraph apply where the application is one to which paragraph 105 applies.

Sub-paragraph (2) of paragraph 105 is to be subject to paragraph (3) above.

Where—

that sub-paragraph is to have effect as if it provided for the application to be treated as having been granted and the relevant prize gaming permit issued on the date on which the application for the section 16 permit is granted.

Sub-paragraphs (2) and (3) of paragraph 105 are not to apply where the application for the section 16 permit is refused or withdrawn, or is not granted before 1st September 2007.

For the purposes of this paragraph, where an application for a section 16 permit is refused, it is not to be treated as having been determined or refused until the period for appealing against the decision to refuse the permit has elapsed; or, if an appeal is made, unless and until the appeal is dismissed or abandoned.