Territorial Extent Schedule 12: Club gaming permits and club machine permits
689.Schedule 12 contains the procedures for obtaining club gaming and club machine permits, and the rules for their duration, maintenance, renewal and cancellation. Licensing authorities will issue both types of permit, and must keep registers of permits granted.
690.By virtue of paragraphs 27 and 28 a licensing authority must have regard to Commission guidance and the licensing objectives in undertaking its functions under this Schedule.
691.Paragraphs 1 to 9 include a requirement that applications for a permit are copied to the Commission and the police, who may object to the application, in which case a hearing will be required, unless all the parties agree otherwise.
692.Under paragraph 6 the licensing authority may only refuse an application on certain grounds. These grounds are that:
	The applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied;
	The applicant’s premises are used wholly or mainly by children or young people;
	An offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities;
	A permit held by the applicant has been cancelled in the previous 10 years; or
	An objection has been lodged by the Commission or the police.
693.If the authority is satisfied that (a) or (b) are the case it must refuse the application. If (c), (d) or (e) is at issue the licensing authority may reject the licence if they think fit, taking account of any relevant guidance issued by the Commission and the licensing objectives.
694.A licensing authority has no discretion to attach conditions to a club machine permit or club gaming permit. Part 12 of the Act sets out particular conditions which are to apply universally to permits of either type.
695.Paragraph 10 provides a fast track procedure for clubs or institutes in England and Wales which hold a club premises certificate under section 72 of the Licensing Act 2003 (authorising the sale or supply of alcohol or provision of regulated entertainment). Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the grounds upon which an authority can refuse a permit are reduced. This is because the club or institute will already have been through a licensing process in relation to its club premises certificate under the 2003 Act, and to impose the full requirements of Schedule 12 would produce unwarranted duplication and cost. This fast track procedure does not apply in Scotland. Instead, Scottish Ministers can make alternative provision using their powers under section 285.
696.Paragraph 11 deals with the form and content of permits, and paragraphs 12 to 16 with their maintenance, including variation of permits if the information in them becomes inaccurate. Paragraphs 17 to 20 provide that permits, with one exception, will last for ten years (in which case they can be renewed) unless they cease to have effect under another provision of the Schedule. These provisions are those for: lapse, surrender, cancellation and forfeiture.
697.The exception to the ten year duration is that where a permit has been granted under the fast track procedure under paragraph 10, such permits last indefinitely unless the club premises certificate under the Licensing Act 2003 ceases to have effect, or is surrendered, cancelled, or forfeited.
698.Paragraph 25 sets out full appeal rights from the decisions of licensing authorities under this Schedule.