OpenLegislation

Paragraph 28 Failure to make the application for a licensed premises gaming machine permit in the appropriate form or mannerI1

England, Wales and Scotland

(1)

This paragraph applies to any application for a licensed premises gaming machine permit made to a licensing authority in England or Wales which meets the conditions in paragraphs (a) to (e) of paragraph 27(1) above, but does not comply with a requirement imposed under sub-paragraph (a) or (d) of paragraph 2 of Schedule 13 to the 2005 Act.

(2)

Where the licensing authority give notice in writing to the applicant requesting him to do anything which is necessary for the purposes of complying with any such requirement, the licensing authority are to cease to be under a duty by virtue of paragraph 27(4) to (6) to grant the application, or to grant the application in respect of a specified number and type of gaming machines, until such time as the applicant complies with the request.

(3)

The applicant must comply with any request made under sub-paragraph (2) within such period as may be specified in the notice (such period not being less than 14 days from the date on which the notice is received).

(4)

Sub-paragraph (5) applies where the applicant fails to comply with the notice within the period referred to in sub-paragraph (3).

(5)

Where an alcohol licensed premises gaming machine permit has effect in respect of the premises to which the application relates—

(a)

paragraph 24(3) is not to apply to the permit, and

(b)

if the permit has effect by virtue of that provision, the permit is to lapse on the expiry of the period referred to in sub-paragraph (3).

Annotations

Commencement

I1

Sch. 4 para. 28 in force at 1.1.2007, see art. 1(1)