97A Effect of relocation

(1)

This section applies when—

(a)

a territorial authority has adopted a relocation policy (as defined in section 101(5)); and

(b)

in accordance with that policy, the territorial authority grants consent in respect of a venue (the new venue) to replace an existing venue (the old venue); and

(c)

a new class 4 venue licence is granted in respect of the new venue.

(2)

When this section applies,—

(a)

the Secretary must cancel the class 4 venue licence that relates to the old venue, in which case—

(i)

the cancellation takes effect on the date on which the new class 4 venue licence takes effect; and

(ii)

there is no right of appeal against the cancellation; and

(b)

despite section 100(1)(b)(i), the maximum number of gaming machines permitted to operate at the new venue at the time when the new class 4 venue licence takes effect is the same as the maximum number of gaming machines permitted to operate at the old venue immediately before the licence relating to the old venue is cancelled; and

(c)

for the purposes of this Act,—

(i)

if the old venue was a venue to which section 92 applied, the new venue must be treated as a venue to which section 92 applies; and

(ii)

the old venue must be treated as if no class 4 venue licence had ever been held by any society for that venue (which means that, under section 98, consent will be required for that venue if a class 4 venue licence is subsequently applied for in relation to it).

Section 97A: inserted, on 14 September 2013, by section 7 of the Gambling (Gambling Harm Reduction) Amendment Act 2013 (2013 No 71).