36Special provision for clubs establishing adjacent to new development areas

#### 36 Special provision for clubs establishing adjacent to new development areas 36 Special provision for clubs establishing adjacent to new development areas > > (1) In this clause— > > > > adjacent area means an area of land in a Band 1 LSA or Band 2 LSA that— > > > > > (a) is within 1 kilometre of a new development area within the meaning of section 37A of the Act, and > > > > > (b) does not, in the opinion of the Authority, have the full benefit of the services and facilities of the kind provided by registered clubs. > > > > newly registered club means a registered club that has been granted a club licence within the last 12 months. > > > (2) Despite section 35(4) of the Act, a class 1 LIA may be provided with a threshold increase application in relation to the premises of a newly registered club that are situated in an adjacent area if— > > > > > (a) the number to which the application relates is not more than 150, and > > > > > (b) the Authority is satisfied that the acquisition of a corresponding number of gaming machine entitlements in respect of those premises would not increase the density of gaming machines in the local statistical area in which the premises are situated to the extent that the classification of the area is affected. > > > (3) If any such class 1 LIA is approved, the following provisions apply, to the exclusion of sections 20(3) and 37 of the Act, in relation to the registered club concerned— > > > > > (a) only one gaming machine entitlement for every 2 transfer blocks is required to be forfeited to the Authority under the Act in respect of the first 50 gaming machine entitlements that are transferred to the premises after the approval of the LIA, > > > > > (b) the club has up to 5 years from the date of the approval in which to acquire gaming machine entitlements for the number of gaming machines to which the threshold increase relates (the club’s special class 1 quota), > > > > > (c) if the club has not acquired gaming machine entitlements for its special class 1 quota at the end of that 5-year period, the Authority is to decrease the gaming machine threshold for the premises in accordance with the portion of the special class 1 quota that is not used during that period. > > **cl 36:** Am 2024 (250), Sch 1\[13\] \[14\].