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Gambling Bill


Gambling Bill
Schedule 9 — Exempt Lotteries
Part 5 — Registration With Local Authority

176

 

      (3)  

The statement must be sent to the local authority during the period of three

months beginning with the day on which the draw (or the last draw) in the

lottery takes place.

      (4)  

The statement must be—

(a)   

signed by two members of the society who are appointed for the

5

purpose in writing by the society or, if it has one, its governing body,

and

(b)   

accompanied by a copy of the appointment under paragraph (a).

      (5)  

A member signing a statement in accordance with sub-paragraph (4) must

be an adult.

10

41    (1)  

If after receiving a statement under paragraph 40 a local authority think that

the lottery to which the statement relates was a large lottery, they shall notify

the Commission in writing.

      (2)  

A notice under sub-paragraph (1) shall be accompanied by a copy of—

(a)   

the statement relating to the lottery, and

15

(b)   

the statement relating to any other lottery as a result of which the

lottery mentioned in paragraph (a) is a large lottery.

Part 5

Registration With Local Authority

Local authority

20

42         

In this Part “local authority” means—

(a)   

in relation to England—

(i)   

a district council,

(ii)   

a county council for a county in which there are no district

councils,

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(iii)   

a London borough council,

(iv)   

the Common Council of the City of London, and

(v)   

the Council of the Isles of Scilly,

(b)   

in relation to Wales,

(i)   

a county council, and

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(ii)   

a county borough council, and

(c)   

in relation to Scotland, a licensing board constituted under section 1

of the Licensing (Scotland) Act 1976 (c. 66).

Application

43    (1)  

A society may apply to the relevant local authority for registration under

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this Part.

      (2)  

An application under this paragraph—

(a)   

must be in the prescribed form,

(b)   

must specify the purposes for which the society is conducted,

(c)   

must contain such other information, and be accompanied by such

40

documents, as may be prescribed, and

(d)   

must be accompanied by the prescribed fee.

 

 

Gambling Bill
Schedule 9 — Exempt Lotteries
Part 5 — Registration With Local Authority

177

 

44         

In relation to the registration of a society, the relevant local authority is the

local authority for the area in which the principal premises of the society are

situated.

Registration

45         

As soon as is reasonably practicable after receipt of an application under

5

paragraph 43 a local authority shall, subject to paragraphs 48 and 49—

(a)   

enter the applicant, together with such information as may be

prescribed, in a register kept by the authority for the purposes of this

Part,

(b)   

notify the applicant of his registration, and

10

(c)   

notify the Commission of the registration.

Gambling Commission

46         

As soon as is reasonably practicable after receipt of notice of a registration

under paragraph 45(c) the Commission shall record the registration.

47    (1)  

A notice under paragraph 45(c) must be accompanied by such part of the

15

application fee as may be prescribed.

      (2)  

In sub-paragraph (1) “application fee” means the fee accompanying an

application under paragraph 43.

Refusal of registration

48         

A local authority shall refuse an application for registration if in the period

20

of five years ending with the date of the application—

(a)   

an operating licence held by the applicant for registration has been

revoked under section 112(1), or

(b)   

an application for an operating licence made by the applicant for

registration has been refused.

25

49         

A local authority may refuse an application for registration if they think

that—

(a)   

the applicant is not a non-commercial society,

(b)   

a person who will or may be connected with the promotion of the

lottery has been convicted of a relevant offence, or

30

(c)   

information provided in or with the application for registration is

false or misleading.

50         

A local authority may not refuse an application for registration unless they

have given the applicant an opportunity to make representations.

Revocation

35

51    (1)  

A local authority may revoke a registration under this Part if they think that

they would be obliged or permitted to refuse an application for the

registration were it being made anew.

      (2)  

Where a local authority revoke a registration under this Part they shall

specify that the revocation takes effect—

40

(a)   

immediately, or

 

 

Gambling Bill
Schedule 9 — Exempt Lotteries
Part 5 — Registration With Local Authority

178

 

(b)   

at the end of such period, beginning with the day of the revocation

and not exceeding two months, as they may specify.

      (3)  

A local authority may not revoke a registration under this Part unless they

have given the registered society an opportunity to make representations.

Appeal

5

52    (1)  

If a local authority refuse or revoke registration under this Part—

(a)   

the authority shall notify the applicant society or the formerly

registered society as soon as is reasonably practicable, and

(b)   

the society may appeal to a magistrates’ court.

      (2)  

An appeal under this paragraph must be instituted—

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(a)   

in a magistrates’ court for a commission area which is wholly or

partly within the area of the local authority against whose decision

the appeal is brought,

(b)   

by notice of appeal given to the justices’ chief executive, and

(c)   

in the period of 21 days beginning with the day on which the society

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is notified of the refusal or revocation of registration, and

      (3)  

On an appeal under this paragraph a magistrates’ court may—

(a)   

affirm the local authority’s decision;

(b)   

reverse the local authority’s decision;

(c)   

make any other order (which may include transitional provision).

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Cancellation

53         

A registered society may apply in writing to the registering authority for the

registration to be cancelled.

54         

As soon as is reasonably practicable after receipt of an application under

paragraph 53 a local authority shall—

25

(a)   

cancel the registration,

(b)   

notify the formerly registered society of the cancellation, and

(c)   

notify the Commission of the cancellation.

Annual fee

55    (1)  

A registered society shall pay an annual fee to the registering local authority.

30

      (2)  

An annual fee—

(a)   

shall be paid within such period before each anniversary of the

registration as may be prescribed, and

(b)   

shall be of the prescribed amount.

      (3)  

If a registered society fails to comply with this paragraph the registering

35

authority may cancel the society’s registration.

      (4)  

If a local authority cancel a registration under sub-paragraph (3) the

authority shall as soon as is reasonably practicable notify—

(a)   

the formerly registered society, and

(b)   

the Commission.

40

 

 

Gambling Bill
Schedule 9 — Exempt Lotteries
Part 6 — Powers to Impose Additional Restrictions, &c.

179

 

Retention of records

56    (1)  

Where a statement is sent to a local authority under paragraph 40 the

authority shall—

(a)   

retain it for at least 18 months,

(b)   

make it available for inspection by members of the public at all

5

reasonable times, and

(c)   

make arrangements for the provision of a copy of it or part of it to any

member of the public on request.

      (2)  

But a local authority may refuse to provide access or a copy unless the

person seeking access or a copy pays a fee specified by the authority.

10

      (3)  

A local authority may not specify a fee under sub-paragraph (2) which

exceeds the reasonable cost of providing the service sought (but in

calculating the cost of providing a service to a person the authority may

include a reasonable share of expenditure which is referable only indirectly

to the provision of that service).

15

Interpretation: “prescribed”

57         

In this Part “prescribed” means prescribed by the Secretary of State by

regulations.

Part 6

Powers to Impose Additional Restrictions, &c.

20

Distributing lottery tickets by post

58    (1)  

The Secretary of State may by regulations impose a condition in relation to

exempt lotteries requiring that tickets purchased be delivered to the

purchaser by hand at the time of purchase and not by post.

      (2)  

Regulations under this paragraph may apply generally, only in relation to a

25

specified class of lottery or only in specified circumstances.

Rollover

59    (1)  

The Secretary of State may by regulations impose in relation to exempt

lotteries conditions or limitations in respect of the use of a rollover (in

addition to any conditions or limitations set out in this Schedule).

30

      (2)  

Regulations under this paragraph may apply generally, only in relation to a

specified class of lottery or only in specified circumstances.

Other additional provision

60    (1)  

The Secretary of State may by order impose in relation to a class of lottery a

condition (in addition to any specified in this Schedule) with which a lottery

35

must comply if it is to be an exempt lottery within the meaning of this

Schedule.

      (2)  

A condition imposed under this paragraph may, in particular, relate to—

(a)   

the persons who may sell or supply lottery tickets;

(b)   

the persons who may buy lottery tickets;

40

 

 

Gambling Bill
Schedule 10 — Club Gaming Permits and Club Machine Permits

180

 

(c)   

the circumstances in which lottery tickets are sold or supplied;

(d)   

the nature of lottery tickets and information appearing on them;

(e)   

arrangements for advertising the lottery;

(f)   

the deductions which promoters may make from the proceeds of a

lottery.

5

      (3)  

The Secretary of State may by order restrict the extent to which a person may

carry on activities in reliance on an exemption under this Schedule.

      (4)  

Before making an order under this paragraph the Secretary of State must

consult the Commission.

Variation of monetary limits and percentages

10

61         

The Secretary of State may by order vary a monetary amount or a percentage

in this Schedule.

Part 7

General

Interpretation: advertisement

15

62         

For the purposes of this Schedule—

(a)   

“advertisement”, in relation to a lottery, includes any document, or

electronic communication, announcing that a lottery will take place

or inviting people to participate in a lottery (in either case whether or

not it also gives other information),

20

(b)   

a reference to displaying an advertisement includes a reference to

publishing a notice, and

(c)   

in the case of an advertisement in the form of an electronic

communication, the communication is to be treated as being—

(i)   

distributed to any place at which a person can access it, and

25

(ii)   

sent to any premises at which a person can access it.

Interpretation: business

63         

In this Schedule “business” includes trade and profession.

Vessels

64         

Nothing in Part 2 or 3 of this Schedule applies to anything done on a vessel.

30

Schedule 10

Section 259

 

Club Gaming Permits and Club Machine Permits

Application

1     (1)  

A members’ club or miners’ welfare institute may apply to a licensing

authority for a club gaming permit.

35

 

 

Gambling Bill
Schedule 10 — Club Gaming Permits and Club Machine Permits

181

 

      (2)  

A members club, commercial club or miners’ welfare institute may apply to

a licensing authority for a club machine permit.

2          

An application must—

(a)   

be made to a licensing authority in whose area the premises are

wholly or partly situated,

5

(b)   

specify the premises in relation to which the permit is sought,

(c)   

be made in the prescribed form and manner,

(d)   

contain or be accompanied by the prescribed information and

documents, and

(e)   

be accompanied by the prescribed fee.

10

3     (1)  

A club or institute making an application for a permit must within the

prescribed time send a copy of the application and of any accompanying

documents to—

(a)   

the Commission, and

(b)   

the chief officer of police for any police area in which the premises

15

are wholly or partly situated.

      (2)  

If a club or institute fails to comply with sub-paragraph (1) the application,

and any permit issued in response to it, shall have no effect.

Consideration of application

4          

A person who receives a copy of an application for a permit in accordance

20

with paragraph 3 may object to the application within the prescribed period

of time and in the prescribed manner.

5          

The licensing authority to whom an application for a permit is made shall

consider the application and—

(a)   

grant it, or

25

(b)   

refuse it.

6     (1)  

A licensing authority may refuse an application for a permit only on one or

more of the following grounds (having regard to the matters mentioned in

paragraph 26)—

(a)   

that the applicant is not—

30

(i)   

in the case of an application for a club gaming permit, a

members’ club or a miners’ welfare institute, or

(ii)   

in the case of an application for a club machine permit, a

members’ club, a commercial club or a miners’ welfare

institute,

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(b)   

that the premises on which the applicant conducts its activities are

used wholly or mainly by children, by young persons or by both,

(c)   

that an offence, or a breach of a condition of a permit, has been

committed in the course of gaming activities carried on by the

applicant,

40

(d)   

that a permit held by the applicant has been cancelled during the

period of ten years ending with the date of the application, or

(e)   

that an objection to the application has been made under paragraph

4.

 

 

Gambling Bill
Schedule 10 — Club Gaming Permits and Club Machine Permits

182

 

      (2)  

If a licensing authority are satisfied in relation to an application for a permit

of the matters specified in sub-paragraph (1)(a) or (b), they shall refuse the

application.

7     (1)  

Before refusing an application for a permit a licensing authority must hold a

hearing to consider the application and any objection made under

5

paragraph 4.

      (2)  

But a licensing authority may dispense with the requirement for a hearing

with the consent of—

(a)   

the applicant, and

(b)   

any person who has made (and not withdrawn) an objection under

10

paragraph 4.

8     (1)  

Where a licensing authority grant an application for a permit they shall as

soon as is reasonably practicable—

(a)   

give notice of their decision and, where an objection was made under

paragraph 4, of the reasons for it to—

15

(i)   

the applicant,

(ii)   

the Commission, and

(iii)   

the chief officer of police for any area in which the premises

specified in the application are wholly or partly situated, and

(b)   

issue the permit to the applicant in the prescribed form.

20

      (2)  

A licensing authority may not attach conditions to a permit.

9          

Where a licensing authority reject an application for a permit they shall as

soon as is reasonably practicable give notice of their decision and the reasons

for it to—

(a)   

the applicant,

25

(b)   

the Commission, and

(c)   

the chief officer of police for any area in which the premises specified

in the application are wholly or partly situated.

Fast-track procedure for holder of club premises certificate

10    (1)  

This paragraph applies to an application if—

30

(a)   

the applicant for a permit is the holder of a club premises certificate

under section 72 of the Licensing Act 2003 (c. 17), and

(b)   

the application asserts that paragraph (a) is satisfied and is

accompanied by the certificate.

      (2)  

In the case of an application to which this paragraph applies—

35

(a)   

paragraphs 3 to 6 shall not apply, and

(b)   

paragraphs 7 and 8 shall apply with the omission of any reference to

objections.

      (3)  

The authority to whom an application to which this paragraph applies is

made shall grant it unless they think—

40

(a)   

that the applicant is established or conducted wholly or mainly for

the purposes of the provision of facilities for gaming, other than

gaming of a prescribed kind,

(b)   

that the applicant is established or conducted wholly or mainly for

the purposes of the provision of facilities for gaming of a prescribed

45

kind and also provides facilities for gaming of another kind, or

 

 

 
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