Paragraph 23 Continuation of permits granted under section 34 of the Gaming Act 1968 in respect of alcohol licensed premisesI1

England, Wales and Scotland

(1)

This paragraph applies to a permit under section 34 of the 1968 Act^f1 (which makes provision with respect to the use for gaming of machines to which Part 3 of that Act applies) granted by the authority mentioned in sub-paragraph (a) or (c) of paragraph 1 of Schedule 9 to the 1968 Act^f2 which—

(a)

is in force immediately before 1st September 2007, or

(b)

(if not so in force) is granted or renewed on or after that date.

(2)

A permit to which this paragraph applies is referred to in this paragraph and in paragraphs 24 to 26 as an alcohol licensed premises gaming machine permit.

(3)

An alcohol licensed premises gaming machine permit is to have effect on and after 1st September 2007.

(4)

Where an alcohol licensed premises gaming machine permit has effect in accordance with sub-paragraph (3), its effect is to authorise the holder to make available on the premises to which the permit relates a number of Category C or D gaming machines^f3 equal to the number of AWP machines which the permit would have authorised him to make available under the 1968 Act.

(5)

An alcohol licensed premises gaming machine permit is to be subject to the conditions that any gaming machine must—

(a)

be located on premises which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(b)

be made available for use only at a time when (as the case may be)–

(i)

alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003^f4, or

(ii)

alcohol may be sold for consumption on the premises in reliance on the relevant Scottish licence^f5.

(6)

In this paragraph and in paragraph 27, “AWP machine” means a machine—

(a)

to which Part 3 of the 1968 Act applies,

(b)

which is used for gaming (within the meaning of that Act), and

(c)

which complies with the conditions specified in subsections (2), (3) and (5) of section 34 of that Act or those specified in subsections (5B) to (5C) of that section^f6.

Annotations

Commencement

I1: Sch. 4 para. 23 in force at 1.1.2007, see art. 1(1)

Footnotes

f1: Section 34 was amended by S.I. 1996/1359 and S.I. 2003/3275.
f2: Sub-paragraph (a) of paragraph 1 was amended by the Licensing Act 2003 (c. 17), Schedule 6, paragraphs 48 and 52(1) and (2). Sub-paragraph (c) of paragraph 1 was substituted by the Licensing (Scotland) Act 1976 (c. 66), section 133(3).
f3: See section 236 of the 2005 Act.
f4: 2003 (c. 17).
f5: See section 277 of the 2005 Act for the definition of “relevant Scottish licence” for the purposes of that Act.
f6: Subsections (5A) to (5E) were inserted by S.I. 1996/1359. Further provisions were inserted by S.I. 2003/3275.