Paragraph 27 Conversion of permits under section 34 of the Gaming Act 1968 into licensed premises gaming machine permitsI1

This paragraph applies where—

In sub-paragraph (1)(b) the reference to gaming machines is—

Sub-paragraph (1) applies whether the application is made before, on or after 1st September 2007.

If the application is in respect of a number of gaming machines which does not exceed the number of AWP machines or Category C or D gaming machines authorised by the permit under section 34 of the 1968 Act (referred to in this paragraph as “the authorised number”), the licensing authority must grant the application.

If the application is in respect of a number of gaming machines which is greater than the authorised number, the licensing authority must grant the application in respect of a number of gaming machines which is no smaller than the authorised number.

In a case to which sub-paragraph (5) applies, where the number of Category C gaming machines specified in the application does not exceed the F6relevant number, the licensing authority may not grant the application in respect of a smaller number of Category C gaming machines than that specified in the application.

In sub-paragraph (6), the relevant number is the authorised number unless the authorised number is less than two, in which case the relevant number is two.

Where the application referred to in sub-paragraph (1) is made before 1st September 2007—

Sub-paragraphs (4) to (6) also do not apply where, after the application for the licensed premises gaming machine permit has been made, the permit under section 34 of the 1968 Act is cancelled or forfeited under paragraph 16 or 18 of Schedule 13 to the 2005 Act (as those provisions have effect by virtue of paragraph 25(4) above).

Where the premises to which the permit under section 34 of the 1968 Act relates are situated in England or Wales, sub-paragraphs (4) to (6) are to be subject to paragraph 6(1) of Schedule 13 to the 2005 Act (which prohibits the grant of a licensed premises gaming machine permit to a person who does not hold an on-premises alcohol licence).