Territorial Extent Schedule 10: Family Entertainment Centre gaming machine permits
608.This schedule sets out the procedures for the application for and grant of an FEC gaming machine permit by licensing authorities. It also regulates the permit’s form and maintenance. Provision is made for the licensing authority to maintain a register of permits issued. Permits cannot be issued to vessels or vehicles.
609.Under paragraphs 6 to 10, the authority may prepare a statement of its principles in respect of the issue of these permits, and this can include matters which they propose to take into account in considering the suitability of an applicant. In exercising its functions under Schedule 10, including determining any application, the authority may have regard to the licensing objectives but must have regard to any guidance issued by the Commission. The authority must consult the local police prior to granting an application.
610.Paragraph 11 concerns the form and content of permits. Under paragraphs 12 to 21, permits will normally last 10 years, but will lapse if the holder ceases to occupy the premises, dies, becomes unfit to hold the licence or becomes bankrupt or insolvent. The notes relating to prize gaming permits under Part 14 expand upon the meaning of “occupy” for these purposes. Lapsed permits may, however, remain in force for up to six months. This is to allow an orderly transfer of the affairs of the licence holder, and the maintenance of the business (with its machines) while a new permit is obtained. Permits cannot be transferred, but must be re-applied for if there is a new occupier of the premises to which the permit relates.
611.Holders may surrender their permits voluntarily, and a court may order forfeiture of a permit if the holder is convicted of any relevant offence (see section 126). Permits can be renewed, and a licensing authority may only refuse the application for renewal if access to the FEC by an authorised officer has been refused without reasonable excuse, or renewal would not be reasonably consistent with pursuit of the licensing objectives.
612.There is an appeal mechanism provided for those who wish to contest a decision of a licensing authority under this Schedule.