The Licensing Act 2003 (Amendment of the Lotteries and Amusements Act 1976) (Transfer of Amusements With Prizes Permits) Order 2005

• Citation: S.I. 2005/3028
• Sections: 2

Section 1 Citation and commencement

This Order may be cited as the Licensing Act 2003 (Amendment of the Lotteries and Amusements Act 1976) (Transfer of Amusements With Prizes Permits) Order 2005 and shall come into force on 24th November 2005.

Section 2 Transfer of amusements with prizes permits for alcohol licensed premises

(1) Schedule 3 to the Lotteries and Amusements Act 1976 (permits for commercial provision of amusements with prizes), as it extends to England and Wales, shall be amended as follows.

(2) At the beginning of paragraph 17(1) there shall be inserted “Subject to paragraph 17A,”.

(3) After paragraph 17 there shall be inserted—

(17A)

(1) This paragraph applies where—

(a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under paragraph 4 of Schedule 8 to the Licensing Act 2003 (conversion of existing justices' licences to premises licences),

(b) the application for the licence was made by virtue of paragraph 2(3)(b) of that Schedule (application made by a person with the consent of the existing licence holder), and

(c) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.

(2) This paragraph also applies where—

(a) a premises licence authorising the supply of alcohol for consumption on particular premises has been granted under section 18 of the Licensing Act 2003 (determination of application for premises licence) before 24th November 2005,

(b) a justices' licence granted under the Licensing Act 1964 has effect in respect of the premises immediately before that day (“the existing licence”),

(c) the application for the premises licence was made by a person other than the holder of the existing licence, and

(d) a permit granted by the licensing justices has effect in respect of the premises immediately before the premises licence takes effect.

(3) The permit is transferred, at the time the premises licence takes effect, to the holder of that licence (and, accordingly, does not cease to have effect at that time under paragraph 17(1)(a)).

(4) Subject to that, the permit continues to have effect in accordance with this Schedule.