41Approval of different shutdown periods for “early openers”

#### 41 Approval of different shutdown periods for “early openers” 41 Approval of different shutdown periods for “early openers” > > (1) This section applies in relation to a hotel or the premises of a club (a venue) if, in the opinion of the Authority, the venue— > > > > > (a) was, on a regular basis before 1 January 1997, open for business before 10 am on at least one day of the week, and > > > > > (b) was, on a regular basis before 1 January 1997, closed for business between midnight and 10 am for a minimum of 3 hours on at least one day of the week, and > > > > > (c) has continued, and is continuing, to open and close on that same basis ever since. > > > (2) The Authority may, on application made in respect of a venue to which this section applies, approve of the venue having— > > > > > (a) a different 6-hour shutdown period to the general 6-hour shutdown period referred to in section 39, or > > > > > (b) a different 3-hour shutdown period on Saturdays, Sundays and public holidays to the 3-hour shutdown period referred to in section 40, or > > > > > (c) a different 3-hour shutdown period to the limited shutdown period referred to in section 40A. > > > (3) The Authority may only approve of a venue having any such different shutdown period if the approved period is consistent with the opening and closing times (as referred to in subsection (1)) of the venue. > > > (4) If any such different shutdown period is approved for the time being in respect of a venue, the hotelier or club concerned must ensure that each approved gaming machine that is kept in the venue is not operated for the purposes of gambling during the approved period. > > > > Maximum penalty—100 penalty units. > > > (5) Despite any other provision of this section, the Authority’s approval of a venue having different shutdown periods may be given only in respect of those days of the week on which the venue has continued— > > > > > (a) to close for business between midnight and 10 am for a consecutive period of at least 3 hours, and > > > > > (b) to re-open for business before 10 am. > > **s 41:** Am 2002 No 18, Sch 1 \[25\]; 2003 No 16, Sch 1 \[8\] \[9\]. Subst 2007 No 92, Sch 3 \[28\]. Am 2011 No 72, Sch 3 \[1\].