Torbay Council

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Alcohol Licensed Premises Gaming Machine Permits

This permit is for those Alcohol Licensed Premises, which have more than two gaming machines.

Continuation Rights

On the 1 September 2007, the section 34 permit will continue to have effect as if it is an Alcohol Licensed Premises Gaming Machine Permit, and you will still be entitled to the same number of gaming machines that you had on the section 34 permit before 1st September 2007. These can be either category C or category D machines, which are in effect section 34(5E) and section 34(1) machines respectively.
In practice you do not have to do anything until the renewal date is due and then you have to apply before the expiry date on the existing permit to renew that permit. Even though the section 34 has been renamed to an Alcohol Licensed Premises Gaming Machine Permit, it still only has a total life of three years before it must be renewed.
Providing the new permit has been applied for before the expiry of the old permit, then the old permit will remain in place until the new permit is issued or the application is withdrawn. You will be automatically entitled to what is on the existing permit at renewals, providing the application process is completed correctly.
The new Alcohol Licensed Premises Gaming Machine Permit will be for an unlimited duration, so you will not need to apply again unless your circumstances change.
The permit is subject to the conditions that
To apply complete the application form and send it to the Licensing and Public Protection team along with the correct fee.

New Applications

After 1 September 2007 new applications for gaming machines, will either be for 1 or 2 machines whereby there will be a notification process (see below), or for more than 2 gaming machines an application will need to be made. The same application form will cover all types of application. That is made to Torbay Licensing Team.
If the new application is made for more than two gaming machines, it may need to heard by the Licensing Committee.
The permit will be subject to the conditions that
The new Alcohol Licensed Premises Gaming Machine Permit will be for an unlimited duration, so you will not need to apply again unless your circumstances change.
To apply complete the application form and send it to the Licensing and Public Protection team along with the correct fee.

Variation and Transfer Applications

If at any time the holder of the alcohol licensed gaming machine permit wants to increase the number of gaming machines on an existing permit (not a notification, as in this case a new application has to be made), then a variation application can be made.
If the holder of the Premises Licence that is issued under the Licensing Act 2003 changes, i.e. it is transferred, then the alcohol licensed gaming machine permit also has to be transferred.
To apply in either case complete the application form and send it to the Licensing and Public Protection team along with the correct fee.

Other Information

The permit lasts for the lifetime of the premises unless it is revoked or surrendered.
There is an annual fee (see guide or fees page), the first being due 30 days after the issue of the permit, and then after on the anniversary of the issue of the permit.

Automatic Entitlement – Two Gaming Machines - Notifications

Section 282 Gambling Act 2005 allows an automatic entitlement to any alcohol licensed premises to one or two Category C or D gaming machines (see Section A for more information on types of gaming machines).
On the 1 September 2007, this will continue, and will entitle you to the same number of gaming machines that you had on the section 34 permit. These can be either category C or category D machines, which are in effect section 34(5E) and section 34(1) machines respectively.
In practice you do not have to do anything until the renewal date is due and then you have to apply before the expiry date on the existing permit to notify the licensing authority that you wish to have only the automatic entitlement of one or two machines. The section 34 permit still only has a total life of three years before it must be renewed.
The notification will be subject to the conditions that
To apply complete the application form and send it to the Licensing and Public Protection team along with the correct fee.
There is no annual fee and the notification runs until the premises License under the Licensing Act 2003 is transferred. At this time the new holder of that Premises license must notify Torbay Council again.

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