Gambling Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 10 — Club Gaming Permits and Club Machine Permits
183

(c)
that a club gaming permit or club machine permit issued to the
applicant has been cancelled during the period of ten years ending
with the date of the application.
      (4)
Regulations prescribing anything for the purposes of this Act may, in
particular, make provision that differs in effect according to whether or not
5
a permit is granted in pursuance of an application to which this paragraph
applies.
Maintenance
11
The holder of a permit shall keep it on the premises to which it relates.
12    (1)
An occupier of premises to which a permit relates commits an offence if
10
without reasonable excuse he fails to produce the permit on request for
inspection by—
(a)
a constable, or
(b)
an enforcement officer.
      (2)
A person guilty of an offence under sub-paragraph (1) shall be liable on
15
summary conviction to a fine not exceeding level 2 on the standard scale.
13    (1)
The holder of a permit—
(a)
shall pay a first annual fee to the issuing licensing authority within
such period after the issue of the permit as may be prescribed, and
(b)
shall pay an annual fee to the issuing licensing authority before each
20
anniversary of the issue of the permit.
      (2)
In this paragraph “annual fee” means a fee of such amount as may be
prescribed.
      (3)
Sub-paragraph (1)(b) does not apply in relation to an anniversary of the
issue of a permit immediately before which the permit expires in accordance
25
with paragraph 16.
14    (1)
If information contained in a permit ceases to be accurate the holder of the
permit shall as soon as is reasonably practicable apply to the issuing
licensing authority to have the permit varied.
      (2)
An application under sub-paragraph (1) must be accompanied by—
30
(a)
the prescribed fee, and
(b)
either—
(i)
the permit, or
(ii)
a statement explaining why it is not reasonably practicable to
produce the permit.
35
      (3)
The licensing authority to whom an application is made under sub-
paragraph (1) shall issue a copy of the permit varied in accordance with the
application (and the copy shall be treated as if it were the original permit).
      (4)
The holder of a permit commits an offence if without reasonable excuse he
fails to comply with sub-paragraph (1).
40
      (5)
A person guilty of an offence under sub-paragraph (4) shall be liable on
summary conviction to a fine not exceeding level 2 on the standard scale.
15    (1)
Where a permit is lost, stolen or damaged, the holder may apply to the
issuing licensing authority for a copy.

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Schedule 10 — Club Gaming Permits and Club Machine Permits
184

      (2)
An application under sub-paragraph (1) must be accompanied by the
prescribed fee.
      (3)
A licensing authority shall grant an application under sub-paragraph (1) if
satisfied—
(a)
that the permit has been lost, stolen or damaged, and
5
(b)
where the permit has been lost or stolen, that the loss or theft has
been reported to the police.
      (4)
As soon as is reasonably practicable after granting an application under sub-
paragraph (1) a licensing authority shall issue a copy of the permit certified
by the authority as a true copy (and the copy shall be treated as if it were the
10
original permit).
Duration
16    (1)
A permit shall cease to have effect at the end of the period of ten years
beginning with the date on which it is issued unless—
(a)
it ceases to have effect before that time in accordance with a
15
provision of this Schedule, or
(b)
it is renewed in accordance with paragraph 23.
      (2)
But a permit issued in pursuance of an application to which paragraph 10
applies—
(a)
shall not cease to have effect by virtue of sub-paragraph (1),
20
(b)
may cease to have effect in accordance with paragraph 18, 20, 21 or
22, and
(c)
shall lapse if the club premises certificate on which the application
relied ceases to have effect.
17    (1)
If the holder of a permit ceases to be a members’ club (whether or not it
25
becomes a commercial club), a commercial club or a miners’ welfare
institute, the permit shall lapse.
      (2)
But this paragraph does not apply to a permit issued in pursuance of an
application to which paragraph 10 applies.
18    (1)
A permit shall cease to have effect upon being surrendered by notice given
30
by the holder of the permit to the issuing licensing authority.
      (2)
A notice under sub-paragraph (1) must be accompanied by—
(a)
the permit, or
(b)
a statement explaining why it is not reasonably practicable to
produce the permit.
35
19    (1)
The licensing authority which issues a permit shall as soon as is reasonably
practicable inform the persons specified in sub-paragraph (2) if the
authority—
(a)
believe that the permit has lapsed under paragraph 16(2)(c) or 17, or
(b)
receive notice of surrender under paragraph 18.
40
      (2)
The persons mentioned in sub-paragraph (1) are—
(a)
the Commission, and
(b)
the chief officer of police for any area in which the premises to which
the permit relates are wholly or partly situated.

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Schedule 10 — Club Gaming Permits and Club Machine Permits
185

Cancellation and forfeiture
20    (1)
The licensing authority which issued a permit may cancel it if the authority
think—
(a)
that the premises on which the holder of the permit conducts its
activities are used wholly or mainly by children, by young persons
5
or by both, or
(b)
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 holder
of the permit.
      (2)
Before cancelling a permit under this paragraph a licensing authority shall—
10
(a)
give the holder of the permit at least 21 days’ notice of the authority’s
intention to consider cancelling the permit,
(b)
consider any representations made by the holder,
(c)
hold a hearing if the holder requests one, and
(d)
comply with any prescribed requirements for the procedure to be
15
followed in considering whether to cancel a permit.
      (3)
If a licensing authority cancel a permit they shall as soon as is reasonably
practicable give notice of the cancellation and the reasons for it to—
(a)
the holder,
(b)
the Commission, and
20
(c)
the chief officer of police for any area in which the premises to which
the permit relates are wholly or partly situated.
      (4)
The cancellation of a permit shall not take effect until—
(a)
the period specified in paragraph 24(5)(c) has expired without an
appeal being brought, or
25
(b)
any appeal brought has been determined.
21    (1)
The licensing authority which issued a permit shall cancel it if the holder
fails to pay the annual fee in accordance with paragraph 13.
      (2)
But a licensing authority may disapply sub-paragraph (1) if they think that
a failure to pay is attributable to administrative error.
30
22    (1)
Where the holder of a permit, or an officer of the holder of a permit, is
convicted of an offence under this Act by or before a court in Great Britain,
the court may order forfeiture of the permit.
      (2)
Forfeiture under this paragraph shall be on such terms (which may include
terms as to suspension) as may be specified by—
35
(a)
the court which orders forfeiture,
(b)
a court to which an appeal against the conviction, or against any
order made on the conviction, has been or could be made, or
(c)
the High Court, if hearing proceedings relating to the conviction.
      (3)
Subject to any express provision made under sub-paragraph (2), a permit
40
shall cease to have effect on the making of a forfeiture order under sub-
paragraph (1).
      (4)
The terms on which a forfeiture order is made under this paragraph shall, in
particular, include a requirement that the holder deliver to the licensing
authority who issued the permit, within such time as the order may
45
specify—

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Schedule 10 — Club Gaming Permits and Club Machine Permits
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(a)
the permit, or
(b)
a statement explaining why it is not reasonably practicable to
produce the permit.
      (5)
As soon as is reasonably practicable after making an order for forfeiture
under this paragraph the court shall notify the licensing authority who
5
issued the permit.
Renewal
23    (1)
The holder of a permit may apply to the issuing authority for its renewal.
      (2)
An application for the renewal of a permit may not be made—
(a)
before the period of three months ending with the date on which the
10
permit would otherwise expire, or
(b)
after the beginning of the period of six weeks ending with that date.
      (3)
The provisions of this Schedule shall have effect (with any necessary
modifications) in relation to an application for renewal as they have effect in
relation to an application for a permit.
15
      (4)
Paragraph 16 shall have effect in relation to a renewed permit with the
substitution of the date of renewal for the date of issue.
      (5)
A permit shall not cease to have effect by virtue only of paragraph 16
while—
(a)
an application for renewal of the permit is pending, or
20
(b)
an appeal against a decision on an application for renewal of the
permit is pending.
Appeal
24    (1)
Where a licensing authority reject an application for the issue or renewal of
a permit the applicant may appeal.
25
      (2)
Where a licensing authority grant an application for the issue or renewal of
a permit in relation to which an objection was made under paragraph 4, the
person who made the objection may appeal.
      (3)
Where a licensing authority cancel a permit the holder may appeal.
      (4)
Where a licensing authority determine not to cancel a permit, any person
30
who in accordance with regulations under paragraph 20(2)(d) made
representations to the authority in connection with their consideration
whether to cancel the permit may appeal.
      (5)
An appeal under this paragraph must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the
35
premises to which the appeal relates are wholly or partly situated,
(b)
by notice of appeal given to the justices’ chief executive, and
(c)
within the period of 21 days beginning with the day on which the
appellant receives notice of the decision against which the appeal is
brought.
40
      (6)
On an appeal a magistrates’ court may—
(a)
dismiss the appeal;

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Schedule 10 — Club Gaming Permits and Club Machine Permits
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(b)
substitute for the decision appealed against any decision that the
licensing authority could have made;
(c)
restore a permit (with effect from such date and on such transitional
or other terms as the court may specify);
(d)
remit the case to the licensing authority to decide in accordance with
5
a direction of the court;
(e)
make an order about costs.
      (7)
Sub-paragraphs (1) to (4) apply to a decision of a licensing authority
following remittal under sub-paragraph (4)(c) above.
Register
10
25    (1)
A licensing authority shall—
(a)
maintain a register of permits issued by the authority together with
such other information as may be prescribed,
(b)
make the register and information available for inspection by
members of the public at all reasonable times, and
15
(c)
make arrangements for the provision of a copy of an entry in the
register, or of information, to a member of the public on request.
      (2)
A licensing authority may refuse to provide a copy of an entry or of
information unless the person seeking it pays a reasonable fee specified by
the authority.
20
      (3)
The Secretary of State may make regulations about—
(a)
the form of the register;
(b)
the manner in which it is maintained.
      (4)
The Secretary of State may make regulations—
(a)
requiring licensing authorities to give to the Commission specified
25
information about permits issued by them;
(b)
requiring the Commission to maintain a register of the information
provided to it under paragraph (a);
(c)
requiring the Commission to grant access to the register to members
of the public (without charge);
30
(d)
requiring the Commission to make copies of entries available on
request, and on payment of a reasonable fee, to members of the
public;
(e)
excusing licensing authorities, wholly or partly, from compliance
with sub-paragraph (1).
35
Exercise of functions by licensing authority: general
26
In exercising a function under this Schedule a licensing authority shall have
regard to—
(a)
any relevant guidance under section 24, and
(b)
subject to paragraph (a), the licensing objectives.
40
27    (1)
Section 146 shall have effect in relation to the functions of a licensing
authority under this Schedule as it has effect in relation to functions of a
licensing authority under Part 8.

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Schedule 11 — Prize Gaming Permits
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      (2)
In the application of section 146 to this Schedule the following shall be
substituted for the list of functions in subsection (4) (which itself substitutes
a list of functions for that in section 10(4) of the Licensing Act 2003)—
(a)
determination of an application for a permit in respect of which an
objection has been made under this Schedule (and not withdrawn),
5
and
(b)
cancellation of a permit under paragraph 20.
Vehicles and vessels
28
A club gaming permit or club machine permit may not be issued in respect
of a vehicle or vessel (or part of a vehicle or vessel).
10
Interpretation: “prescribed”
29
In this Schedule “prescribed” means prescribed by the Secretary of State by
regulations.
Schedule 11
Section 272

Prize Gaming Permits
15
Interpretation
1
In this Schedule—
“holder”, in relation to a permit, means the person to whom the permit is
issued,
“the licensing authority”—
20
(a)
in relation to an application, means the licensing authority to
whom the application is made, and
(b)
in relation to a permit, means the licensing authority who issue
it,
“permit” means a prize gaming permit,
25
“the premises”, in relation to an application or permit, means the premises
in respect of which the permit is sought or issued, and
“prescribed” means prescribed by regulations made by the Secretary of
State.
Making of application
30
2     (1)
An application for a permit may be made only by a person who occupies or
proposes to occupy the premises.
      (2)
If the applicant for a permit is an individual, he must be an adult.
3
An application for a permit may not be made if—
(a)
a premises licence has effect in respect of the premises, or
35
(b)
a club gaming permit has effect in respect of the premises.
4
An application for a permit must be made to a licensing authority in whose
area the premises are wholly or partly situated.
5
An application for a permit must—

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Schedule 11 — Prize Gaming Permits
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(a)
be made in such form and manner as the licensing authority may
direct,
(b)
specify the premises,
(c)
specify the nature of the gaming in respect of which the permit is
sought,
5
(d)
contain or be accompanied by such other information or documents
as the licensing authority may direct, and
(e)
be accompanied by the prescribed fee.
Consideration of application
6
Section 146 shall have effect in relation to functions of a licensing authority
10
under this Schedule as it has effect in relation to the functions of a licensing
authority under Part 8.
7     (1)
A licensing authority may prepare a statement of principles that they
propose to apply in exercising their functions under this Schedule.
      (2)
A statement under sub-paragraph (1) may, in particular, specify matters that
15
the licensing authority propose to consider in determining the suitability of
an applicant for a permit.
      (3)
In exercising their functions under this Schedule a licensing authority—
(a)
need not (but may) have regard to the licensing objectives, and
(b)
shall have regard to any relevant guidance issued by the
20
Commission under section 24.
Determination of application
8     (1)
On considering an application for a permit a licensing authority may—
(a)
grant it, or
(b)
refuse it.
25
      (2)
A licensing authority may not attach conditions to a permit.
      (3)
As soon as is reasonably practicable after granting an application a licensing
authority shall issue a permit to the applicant.
      (4)
As soon as is reasonably practicable after refusing an application a licensing
authority shall notify the applicant of—
30
(a)
the refusal, and
(b)
the reasons for it.
9
A licensing authority may grant an application for a permit only if they have
consulted the chief officer of police for a police area in which the premises
are wholly or partly situated.
35
10    (1)
A licensing authority may not refuse an application unless they have—
(a)
notified the applicant of their intention to refuse the application and
of their reasons, and
(b)
given the applicant an opportunity to make representations.
      (2)
A licensing authority may satisfy sub-paragraph (1)(b) by giving the
40
applicant an opportunity to make—
(a)
oral representations,
(b)
written representations, or