145Exclusion of retail shopping centres with less than 40 shops

145 Exclusion of retail shopping centres with less than 40 shops

145 Exclusion of retail shopping centres with less than 40 shops

(1) A retail shopping centre is excluded from the definition of retail shopping centre in section 4(1) of the Act if—

(a) the retail shopping centre comprises less than 40 shops, and

(b) the retail shopping centre contains or adjoins no more than one hotel or one registered club (or no more than one of each), and

(c) any such hotel or registered club—

(i) was part of (or was adjoining) the retail shopping centre as at 18 October 2002, or

(ii) has become part of (or has become adjoined to) the retail shopping centre as a result of the granting of an application under the Liquor Act 1982 or the Registered Clubs Act 1976 (being an application that was made on or before 28 March 2000 but not determined by that date).

(2) Any threshold increase application under section 34 of the Act in respect of any such hotel or premises of a registered club must be accompanied by a class 2 LIA under section 35 of the Act.

(3) Subclause (2) has effect despite anything to the contrary in section 35 of the Act.