|
| |
| |
(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 |
| |
| |
(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, |
| |
| |
(b) | accompanied by a copy of the appointment under paragraph (a). |
| |
(5) | A member signing a statement in accordance with sub-paragraph (4) must |
| |
| 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. |
| |
| |
Registration With Local Authority |
| |
| 20 |
42 | In this Part “local authority” means— |
| |
(a) | in relation to England— |
| |
| |
(ii) | a county council for a county in which there are no district |
| |
| 25 |
(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 |
| 30 |
(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). |
| |
| |
43 (1) | A society may apply to the relevant local authority for registration under |
| 35 |
| |
(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. |
| |
| |
| |
|
| |
| |
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 |
| |
| |
| |
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 |
| |
| |
(b) | notify the applicant of his registration, and |
| 10 |
(c) | notify the Commission of the registration. |
| |
| |
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. |
| |
| |
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 |
| |
| |
(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 |
| |
| |
50 | A local authority may not refuse an application for registration unless they |
| |
have given the applicant an opportunity to make representations. |
| |
| 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 |
| |
| |
| |
|
| |
| |
(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. |
| |
| 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— |
| 10 |
(a) | in a magistrates’ court for a commission area which is wholly or |
| |
partly within the area of the local authority against whose decision |
| |
| |
(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 |
| 15 |
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). |
| 20 |
| |
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. |
| |
| |
55 (1) | A registered society shall pay an annual fee to the registering local authority. |
| 30 |
| |
(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 |
| |
| 40 |
| |
| |
|
| |
| |
| |
56 (1) | Where a statement is sent to a local authority under paragraph 40 the |
| |
| |
(a) | retain it for at least 18 months, |
| |
(b) | make it available for inspection by members of the public at all |
| 5 |
| |
(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 |
| |
| |
| |
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. |
| |
| |
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 |
| |
| |
(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 |
| |
| |
|
| |
| |
(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 |
| |
| 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 |
| |
| |
Variation of monetary limits and percentages |
| 10 |
61 | The Secretary of State may by order vary a monetary amount or a percentage |
| |
| |
| |
| |
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 |
| |
| |
(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. |
| |
| |
63 | In this Schedule “business” includes trade and profession. |
| |
| |
64 | Nothing in Part 2 or 3 of this Schedule applies to anything done on a vessel. |
| 30 |
| |
| |
Club Gaming Permits and Club Machine Permits |
| |
| |
1 (1) | A members’ club or miners’ welfare institute may apply to a licensing |
| |
authority for a club gaming permit. |
| 35 |
| |
| |
|
| |
| |
(2) | A members club, commercial club or miners’ welfare institute may apply to |
| |
a licensing authority for a club machine permit. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
(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— |
| |
| 25 |
| |
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 |
| |
| |
(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 |
| |
| 35 |
(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 |
| |
| 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 |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
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 |
| |
(2) | But a licensing authority may dispense with the requirement for a hearing |
| |
| |
| |
(b) | any person who has made (and not withdrawn) an objection under |
| 10 |
| |
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 |
| |
| |
(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 |
| |
| |
| 25 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
|
