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Schedule 10 makes further provision about club gaming permits and club |
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(1) | The disapplication of section 30 by section 254 or 256 shall not apply to high |
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turnover bingo played during a high turnover period. |
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(2) | Bingo played in the course of the activities of a club or institute in any period |
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of seven days is high turnover bingo if— |
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(a) | the aggregate of stakes at bingo played during the period in the course |
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of the activities of the club or institute exceeds £1,000, or |
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(b) | the aggregate of prizes at bingo played during the period in the course |
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of the activities of the club or institute exceeds £1,000. |
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(3) | A high turnover period begins in relation to a club or institute at the end of a |
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period of seven days during which— |
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(a) | the aggregate of stakes at bingo played in the course of the activities of |
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the club or institute exceeds £1,000, or |
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(b) | the aggregate of prizes at bingo played in the course of the activities of |
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the club or institute exceeds £1,000. |
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(4) | A high turnover period expires at the end of the year beginning with the first |
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day of the period of seven days which caused the high turnover period to |
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(5) | A period of seven days any of which is in a high turnover period does not cause |
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a new high turnover period to begin. |
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(6) | A club or institute in relation to which a high turnover period begins shall, |
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unless the club or institute holds a bingo operating licence, inform the |
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Commission as soon as is reasonably practicable. |
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(7) | A club or institute commits an offence if it fails without reasonable excuse to |
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comply with subsection (6). |
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(8) | A club or institute guilty of an offence under subsection (7) shall be liable on |
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summary conviction to a fine not exceeding level 3 on the standard scale. |
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(9) | The Secretary of State may by order vary a monetary amount specified in this |
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“prescribed” means prescribed by regulations, and |
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“regulations” means regulations made by the Secretary of State. |
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(a) | “alcohol licence” means a premises licence under Part 3 of the Licensing |
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(b) | “on-premises alcohol licence” means a premises licence under that Part |
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which authorises the supply of alcohol for consumption on the licensed |
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263 | Application of sections 264 to 268 |
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Sections 264 to 268 apply to premises— |
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(a) | in respect of which an on-premises alcohol licence has effect, |
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(b) | which are used primarily for the supply of alcohol for consumption on |
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(c) | at a time when alcohol may be supplied in reliance on the alcohol |
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(1) | Sections 30 and 34 shall not apply to the provision of facilities for equal chance |
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(a) | takes place on premises to which this section applies, and |
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(b) | satisfies the conditions of this section. |
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(2) | The first condition of gaming for the purposes of subsection (1) is that the |
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arrangements for the gaming satisfy the prescribed requirements in relation |
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(a) | limiting amounts that may be staked, or |
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(b) | limiting the amount or value of a prize. |
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(3) | The second condition of gaming for the purposes of subsection (1) is that no |
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amount is deducted or levied from sums staked or won. |
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(4) | The third condition of gaming for the purposes of subsection (1) is that no |
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participation fee is charged. |
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(5) | The fourth condition of gaming for the purposes of subsection (1) is that a game |
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played on one set of premises is not linked with a game played on another set |
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(6) | The fifth condition of gaming for the purposes of subsection (1) is that children |
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and young persons are excluded from participation. |
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265 | Section 264: supplementary |
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(1) | In section 264(2) “prescribed” means prescribed by regulations made by the |
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Secretary of State; and regulations may, in particular, make different provision |
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for different classes or descriptions of game. |
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(2) | For the purposes of section 264(5) two games are linked if— |
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(a) | the result of one game is or may be wholly or partly determined by |
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reference to the result of the other game, or |
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(b) | the amount or value of a prize available in one game is or may be |
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wholly or partly determined by reference to the extent of participation |
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| and if a single game is played partly on one set of premises and partly on |
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another it shall be treated as two linked games. |
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(1) | The disapplication of section 30 by section 264 shall not apply to high turnover |
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bingo played during a high turnover period. |
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(2) | Bingo played on premises in any period of seven days is high turnover bingo |
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(a) | the aggregate of stakes at bingo played on the premises during the |
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period exceeds £1,000, or |
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(b) | the aggregate of prizes at bingo played on the premises during the |
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(3) | A high turnover period begins in relation to premises at the end of a period of |
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(a) | the aggregate of stakes at bingo played on the premises exceeds £1,000, |
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(b) | the aggregate of prizes at bingo played on the premises exceeds £1,000. |
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(4) | A high turnover period expires at the end of the year beginning with the first |
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day of the period of seven days which caused the high turnover period to |
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(5) | A period of seven days any of which is in a high turnover period does not cause |
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a new high turnover period to begin. |
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(6) | The holder of an on-premises alcohol licence for premises in relation to which |
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a high turnover period begins shall, unless he holds a bingo operating licence, |
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inform the Commission as soon as is reasonably practicable. |
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(7) | A person commits an offence if he fails without reasonable excuse to comply |
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(8) | A person guilty of an offence under subsection (7) shall be liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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(9) | The Secretary of State may by order vary a monetary amount specified in this |
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(1) | Sections 34 and 226 shall not apply to making one or two gaming machines, |
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each of which is of Category C or D, available for use on premises to which this |
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(2) | A person who applies to a licensing authority for an on-premises alcohol |
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licence or who holds an on-premises alcohol licence issued by a licensing |
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authority may apply to the licensing authority for the addition to the licence of |
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a condition authorising the holder to make available for use on the premises, |
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in so far as they are premises to which this section applies— |
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(a) | a specified number of Category C gaming machines; |
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(b) | a specified number of Category D gaming machines; |
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(c) | a specified number of gaming machines each of which is of Category C |
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(3) | A licensing authority to whom an application is made under subsection (2) |
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shall consider it having regard to the licensing objectives and such other |
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matters as they think relevant and shall— |
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(a) | grant the application, |
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(b) | refuse the application, or |
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(c) | grant it in respect of a smaller number of machines than that specified |
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(4) | The Secretary of State may make regulations prescribing the procedure to be |
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followed in relation to an application for the addition of a condition under |
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subsection (2) (and the regulations may, in particular, impose an obligation |
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upon an applicant and make provision about the consequences of failure to |
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comply with any obligation imposed). |
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(5) | A condition added under subsection (2) shall be treated for all purposes of the |
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Licensing Act 2003 (c. 17) as a condition attached under that Act. |
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(6) | An applicant may appeal to a magistrates’ court against a decision of a |
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licensing authority under subsection (3)(b) or (c); and paragraph 9(1) and (2) of |
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Schedule 5 to that Act (appeal) shall apply for that purpose. |
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(7) | Neither subsection (1) nor a condition under subsection (2) authorises a person |
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to make a gaming machine available for use otherwise than in accordance with |
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any relevant provision of a code of practice under section 23 about the location |
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and operation of a gaming machine. |
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(1) | The licensing authority who issue an on-premises alcohol licence in respect of |
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premises may, on the issue of the licence or at any later time, disapply section |
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(2) | A licensing authority may disapply a section under subsection (1) only if they |
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(a) | the application of the section to the premises is not reasonably |
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consistent with pursuit of the licensing objectives, |
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(b) | gaming has taken place on the premises in purported reliance on the |
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section but in breach of a condition of that section, or |
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(c) | the premises are mainly used or to be used for gaming. |
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(3) | Disapplication of a section shall be effected by the addition of a condition to the |
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relevant alcohol licence. |
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(4) | The Secretary of State may make regulations prescribing the procedure to be |
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followed in relation to the addition of a condition under subsection (3) (and the |
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regulations may, in particular, impose an obligation upon an applicant for or |
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holder of an alcohol licence and make provision about the consequences of |
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failure to comply with any obligation imposed). |
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(5) | A condition added under this section shall be treated for all purposes of the |
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Licensing Act 2003 (c. 17) as a condition attached under that Act. |
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(6) | The holder of an on-premises alcohol licence may appeal to a magistrates’ |
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court against a decision of a licensing authority under subsection (1); and |
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paragraph 9(1) and (2) of Schedule 5 to that Act (appeal) shall apply for that |
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