100 Considering and determining application for territorial authority consent

(1)

A territorial authority must—

(a)

consider and determine an application for a territorial authority consent in accordance with its class 4 venue policy; and

(b)

then either—

(i)

grant a consent with or without a condition specifying the maximum number of gaming machines that may be operated at the venue (but with no other condition); or

(ii)

not grant a consent.

(2)

However, if a corporate society applies for a territorial authority consent for an amendment to a class 4 venue licence to allow an increase in the number of gaming machines that may be operated at a venue, a territorial authority—

(a)

must consider and determine the application in accordance with subsection (1); but

(b)

may not include a condition specifying a maximum number of machines that may be operated at the venue that is fewer than the number of machines that may be operated currently at the venue.

(3)

The territorial authority must notify the applicant of its determination within 30 working days after the later of—

(a)

the date of receipt of the application; or

(b)

the date that it adopts a class 4 venue policy.

(4)

A territorial authority must not consider an application for a territorial authority consent before it has a class 4 venue policy.

(5)

A territorial authority consent for a class 4 venue expires 6 months after its date of issue if no application for a class 4 venue licence in relation to the venue has been submitted.

Section 100(1)(a): amended, on 3 March 2015, by section 57(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 100(1)(a): amended, on 15 December 2005, by section 6 of the Gambling Amendment Act (No 2) 2005 (2005 No 104).

Section 100(1)(b)(i): amended, on 3 March 2015, by section 57(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 100(3)(b): amended, on 15 December 2005, by section 6 of the Gambling Amendment Act (No 2) 2005 (2005 No 104).

Section 100(4): amended, on 15 December 2005, by section 6 of the Gambling Amendment Act (No 2) 2005 (2005 No 104).

Section 100(5): inserted, on 3 March 2015, by section 57(3) of the Gambling Amendment Act 2015 (2015 No 3).