Paragraph 94 Meaning of existing operator for the purposes of applications for family entertainment centre gaming machine permitsI1

England, Wales and Scotland

(1)

This paragraph specifies the circumstances in which a person applying for a family entertainment centre gaming machine permit (referred to in this Part as a “FEC gaming machine permit”) is to be treated for the purposes of this Part as an existing family entertainment centre operator.

(2)

A person is an existing family entertainment centre operator if on the date on which he makes the application for the FEC gaming machine permit—

(a)

he holds a permit under section 34 of the 1968 Act^f1 (referred to in this Part as a “section 34 permit”)—

(i)

granted by one of the authorities mentioned in paragraph 1(b) or (d) of Schedule 9 to the 1968 Act^f2 in respect of amusement machine premises, and

(ii)

which is expressed to be granted for the purposes of section 34(1) of the 1968 Act^f3; or

(b)

he is applying for such a permit, and the application (including any appeal) has not been finally determined or withdrawn.

Annotations

Commencement

I1: Sch. 4 para. 94 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f2: Sub-paragraph (b) of paragraph 1 was partially repealed by the Local Government Act 1972 (c. 70), Schedule 30. Sub-paragraph (d) of paragraph 1 was amended by the Local Government (Scotland) Act 1973 (c. 65), Schedule 24, paragraph 32, and by the Local Government etc. (Scotland) Act 1994, Schedule 13, paragraph 78(4).
f3: Subsection (1) was amended by S.I. 1996/1359.