|
| |
|
| |
A person commits an offence if without reasonable excuse he fails to comply |
| |
with a condition attached to an operating licence by virtue of section 79. |
| |
56 | Age limit for Category D gaming machines |
| |
(1) | The Secretary of State may by order create an offence of inviting, causing or |
| 5 |
permitting a child or young person below a specified age to use a Category D |
| |
| |
(2) | An order under subsection (1) may, in particular— |
| |
(a) | apply (with modifications) or include provision similar to section 43(3) |
| |
| 10 |
(b) | make consequential amendments of this Act. |
| |
| |
| |
(1) | For the purposes of this Part— |
| |
(a) | a temporary use notice in respect of the use of premises to carry on an |
| 15 |
activity shall be treated as if it were a premises licence authorising that |
| |
| |
(b) | an occasional use notice in respect of premises shall be treated as if it |
| |
were a betting premises licence. |
| |
(2) | Sections 169 and 44(6) shall apply in relation to a notice treated as a premises |
| 20 |
licence by virtue of subsection (1) above. |
| |
| |
In this Part a reference to employing a person includes a reference to— |
| |
(a) | employing or engaging the person whether or not under a contract of |
| |
| 25 |
(b) | causing or permitting the person to be employed or engaged. |
| |
| |
(1) | A person guilty of an offence under this Part shall be liable on summary |
| |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| 30 |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
(2) | But in relation to an offence committed by a young person subsection (1) shall |
| |
| |
(a) | paragraphs (a) and (c) were omitted, and |
| 35 |
(b) | in paragraph (b) the reference to level 5 were a reference to level 3. |
| |
|
| |
|
| |
|
60 | Reasonable belief about person’s age |
| |
(1) | Where a person is charged with an offence under this Part of doing anything |
| |
in relation to an individual who is a child it is a defence for the person charged |
| |
| |
(a) | he took all reasonable steps to determine the individual’s age, and |
| 5 |
(b) | he reasonably believed that the individual was not a child. |
| |
(2) | Where a person is charged with an offence under this Part of doing anything |
| |
in relation to an individual who is a young person it is a defence for the person |
| |
| |
(a) | he took all reasonable steps to determine the individual’s age, and |
| 10 |
(b) | he reasonably believed that the individual was not a young person. |
| |
| |
| |
| |
| 15 |
(1) | The Commission may issue operating licences in accordance with the |
| |
| |
(2) | An operating licence is a licence which states that it authorises the licensee— |
| |
(a) | to operate a casino (a “casino operating licence”), |
| |
(b) | to provide facilities for playing bingo (a “bingo operating licence”), |
| 20 |
(c) | to provide facilities for betting other than pool betting (a “general |
| |
betting operating licence”), |
| |
(d) | to provide facilities for pool betting (a “pool betting operating licence”), |
| |
(e) | to act as a betting intermediary (a “betting intermediary operating |
| |
| 25 |
(f) | to make gaming machines available for use in an adult gaming centre |
| |
(a “gaming machine general licence” for an adult gaming centre), |
| |
(g) | to make gaming machines available for use in a family entertainment |
| |
centre (a “gaming machine general licence” for a family entertainment |
| |
| 30 |
(h) | to manufacture, supply, install, adapt, maintain or repair a gaming |
| |
machine, or a part of a gaming machine, within one of Categories A to |
| |
D (a “gaming machine technical operating licence”), |
| |
(i) | to manufacture, supply, install or adapt gambling software (a |
| |
“gambling software licence”), or |
| 35 |
(j) | to promote a lottery (a “lottery operating licence”). |
| |
(3) | The issue of an operating licence does not affect the application of section 34. |
| |
(4) | The Secretary of State may by order amend subsection (2) so as to— |
| |
(a) | add a kind of operating licence, |
| |
(b) | remove a kind of operating licence, or |
| 40 |
(c) | vary a kind of operating licence. |
| |
|
| |
|
| |
|
(5) | An order under subsection (4) may, in particular, make consequential |
| |
amendment of this Part (or a provision of this Act or another enactment that |
| |
| |
| |
(1) | An operating licence must specify— |
| 5 |
(a) | the person to whom it is issued, |
| |
(b) | the period during which it is to have effect, and |
| |
(c) | any condition attached by the Commission under section 71 or 73. |
| |
(2) | The Secretary of State may by regulations require the Commission to ensure |
| |
that an operating licence— |
| 10 |
(a) | is issued in such form as the regulations may specify, and |
| |
(b) | contains, in addition to the matters specified in subsection (1), such |
| |
information as the regulations may specify (which may, in particular, |
| |
include information about conditions attached to the licence by virtue |
| |
| 15 |
| |
(1) | An operating licence is a “remote operating licence” if it authorises activity to |
| |
| |
(a) | in respect of remote gambling, or |
| |
(b) | by means of remote communication. |
| 20 |
(2) | A remote operating licence may not also authorise activity which is neither— |
| |
(a) | in respect of remote gambling, nor |
| |
(b) | carried on by means of remote communication. |
| |
(3) | An operating licence must state whether it is a remote operating licence or not. |
| |
| 25 |
(1) | An operating licence may be a licence of more than one of the kinds described |
| |
| |
(2) | Subsection (1) is subject to the following provisions of this section. |
| |
(3) | A casino operating licence authorises the holder, by virtue of this subsection, |
| |
| 30 |
(a) | for betting on the outcome of a virtual game, race, competition or other |
| |
event or process, subject to any exclusion or restriction provided for by |
| |
way of condition under section 71 or 73; |
| |
(b) | for any game of chance other than bingo (and this paragraph does not |
| |
prevent the combination of a casino operating licence and a bingo |
| 35 |
operating licence in reliance on subsection (1)). |
| |
(4) | A general betting operating licence authorises the holder, by virtue of this |
| |
subsection, to provide facilities for betting on the outcome of a virtual race, |
| |
competition or other event or process other than a game of chance, subject to |
| |
any exclusion or restriction provided for by way of condition under section 71 |
| 40 |
| |
|
| |
|
| |
|
(5) | The following kinds of operating licence authorise the holder, by virtue of this |
| |
subsection, to make one or more gaming machines within Categories A to D |
| |
available for use (in addition to authorising the activities specified in |
| |
accordance with section 61(2))— |
| |
(a) | a non-remote casino operating licence, |
| 5 |
(b) | a non-remote bingo operating licence, |
| |
(c) | a non-remote general betting operating licence, and |
| |
(d) | a non-remote pool betting operating licence. |
| |
(6) | No other kind of operating licence (other than a gaming machine general |
| |
operating licence) may authorise the holder to make a gaming machine |
| 10 |
| |
| |
| |
(1) | A person may apply to the Gambling Commission for an operating licence to |
| |
be issued authorising him to provide facilities for gambling. |
| 15 |
| |
(a) | specify the activities to be authorised by the licence, |
| |
(b) | specify an address in the United Kingdom at which a document issued |
| |
under this Act may be served on the applicant, |
| |
(c) | be made in such form and manner as the Commission may direct, |
| 20 |
(d) | state whether the applicant has been convicted of a relevant offence, |
| |
(e) | state whether the applicant has been convicted of any other offence, |
| |
(f) | contain or be accompanied by such other information or documents as |
| |
the Commission may direct, and |
| |
(g) | be accompanied by the prescribed fee. |
| 25 |
(3) | An application may not be made by— |
| |
(a) | a child or young person, or |
| |
(b) | a group that includes a child or young person. |
| |
(4) | The Secretary of State may by regulations— |
| |
(a) | require an applicant for an operating licence to notify specified persons |
| 30 |
within a specified period (which may be wholly or partly before the |
| |
application is made), and |
| |
(b) | provide for the consequences of failure to comply with a requirement |
| |
under paragraph (a) (which may, in particular, include provision for an |
| |
application to be disregarded or for a licence to lapse). |
| 35 |
(5) | In subsection (2)(g) “prescribed” means prescribed by regulations made by the |
| |
Secretary of State; and the regulations may, in particular, make different |
| |
| |
(a) | applications for the authorisation of different classes of activity, or |
| |
(b) | different circumstances. |
| 40 |
66 | Consideration of application: general principles |
| |
(1) | In considering an application under section 65 the Commission— |
| |
(a) | shall have regard to the licensing objectives, |
| |
|
| |
|
| |
|
(b) | shall form and have regard to an opinion of the applicant’s suitability |
| |
to carry on the licensed activities, |
| |
(c) | shall consider the suitability of any gaming machine to be used in |
| |
connection with the licensed activities, and |
| |
(d) | may consider the suitability of any other equipment to be used in |
| 5 |
connection with the licensed activities (by reference, in particular, to |
| |
any relevant provision of standards established under section 84). |
| |
(2) | For the purpose of subsection (1)(b) the Commission may, in particular, have |
| |
| |
(a) | the integrity of the applicant or of a person relevant to the application; |
| 10 |
(b) | the competence of the applicant or of a person relevant to the |
| |
application to carry on the licensed activities in a manner consistent |
| |
with pursuit of the licensing objectives; |
| |
(c) | the financial and other circumstances of the applicant or of a person |
| |
relevant to the application (and, in particular, the resources likely to be |
| 15 |
available for the purpose of carrying on the licensed activities). |
| |
(3) | The statement maintained by the Commission under section 22 must specify |
| |
the principles to be applied by the Commission in considering applications |
| |
| |
(4) | The statement must, in particular, specify the kind of evidence to which the |
| 20 |
Commission will have regard when assessing integrity, competence and |
| |
financial or other circumstances; and that evidence may include— |
| |
(a) | interviews conducted by or on behalf of the Commission; |
| |
(b) | references provided to the Commission at the request of the applicant; |
| |
(c) | information or opinions provided to the Commission (whether or not |
| 25 |
on request) by other persons; |
| |
(d) | information sought by the Commission as to solvency in general and |
| |
financial reserves in particular; |
| |
(e) | the completion of training (whether provided in accordance with |
| |
arrangements made by the Commission or otherwise); |
| 30 |
(f) | the possession of qualifications (whether awarded in accordance with |
| |
arrangements made by the Commission or otherwise). |
| |
(5) | The statement must also, in particular, specify the kind of evidence to which |
| |
the Commission will have regard in considering the suitability of a gaming |
| |
machine or of other equipment; and that evidence may include— |
| 35 |
(a) | the result of a test carried out by a person at the request of the |
| |
| |
(b) | the opinion of any person. |
| |
(6) | The statement may specify a class of applicant or other person in relation to |
| |
whom the Commission will or may assume integrity for the purpose of |
| 40 |
| |
(7) | The statement may specify a class of gaming machine or other equipment in |
| |
relation to which the Commission will or may assume suitability; and— |
| |
(a) | a class may, in particular, be defined by reference to standards under |
| |
section 84 or 90 or by reference to regulations under Part 10, and |
| 45 |
(b) | subsection (1)(c) and (d) shall not apply to the consideration of an |
| |
application in so far as it specifies that a gaming machine or other |
| |
equipment falling within a class specified under this subsection is to be |
| |
used in connection with the licensed activities. |
| |
|
| |
|
| |
|
(8) | For the purposes of this section— |
| |
(a) | in relation to an application, a reference to the licensed activities is a |
| |
reference to the activities which will be the licensed activities if the |
| |
application is granted, and |
| |
(b) | a person is relevant to an application if, in particular, he is likely to |
| 5 |
exercise a function in connection with, or to have an interest in, the |
| |
| |
(9) | For the purposes of this section “equipment” includes— |
| |
| |
(b) | a device for the playing of a casino game, and |
| 10 |
(c) | any other piece of equipment; |
| |
| (but a gaming machine is not equipment for the purposes of this section). |
| |
67 | Consideration of application: criminal record |
| |
(1) | The Commission may refuse an application under section 65 if the applicant or |
| |
a person relevant to the application has a conviction for a relevant offence. |
| 15 |
(2) | This section does not prejudice the generality of section 66. |
| |
(3) | The reference in subsection (1) to a person who is relevant to an application |
| |
shall be construed in accordance with section 66(8)(b). |
| |
68 | Consideration of application: demand |
| |
In determining whether to grant an operating licence the Commission may not |
| 20 |
| |
(a) | the area in Great Britain within which it is proposed to provide |
| |
| |
(b) | the expected demand for facilities which it is proposed to provide. |
| |
| 25 |
(1) | For the purpose of considering an application under section 65 the |
| |
| |
(a) | require the applicant to provide information; |
| |
(b) | consult, and have regard to information provided by or an opinion |
| |
| 30 |
(2) | In subsection (1) “information” and “opinion” mean information or an opinion |
| |
| |
| |
(b) | a person relevant to the application, or |
| |
(c) | the licensed activities. |
| 35 |
(3) | In particular, the Commission may require the production of an enhanced |
| |
criminal record certificate under section 115 of the Police Act 1997 (c. 50) |
| |
| |
| |
(b) | a person relevant to the application. |
| 40 |
(4) | The statement maintained by the Commission under section 22 must, in |
| |
particular, specify the Commission’s practice in relation to— |
| |
|
| |
|
| |
|
(a) | the delegation of functions in relation to applications, |
| |
(b) | the holding of oral hearings of applications, and |
| |
(c) | evidence required or accepted in connection with applications. |
| |
(5) | The Commission may disregard an irregularity or deficiency in or in relation |
| |
to an application, other than a failure to pay the fee required by section 65(2)(g). |
| 5 |
(6) | For the purposes of this section a reference to the licensed activities or to a |
| |
person relevant to an application shall be construed in accordance with section |
| |
| |
70 | Determination of application |
| |
(1) | On considering an application under section 65 the Commission shall— |
| 10 |
| |
| |
(c) | grant it in respect of one or more of the activities specified in |
| |
accordance with section 65(2)(a) and reject it in respect of the others. |
| |
(2) | Where the Commission grants an application in whole or in part it shall as soon |
| 15 |
as is reasonably practicable— |
| |
(a) | notify the applicant of the grant, and |
| |
(b) | issue an operating licence to the applicant. |
| |
(3) | Where the Commission rejects an application in whole or in part it shall as soon |
| |
as is reasonably practicable notify the applicant of— |
| 20 |
| |
| |
| |
71 | General conditions imposed by Commission |
| |
(1) | The Commission may specify conditions to be attached to— |
| 25 |
(a) | each operating licence, or |
| |
(b) | each operating licence falling within a specified class. |
| |
(2) | For the purposes of subsection (1)(b) a class may be defined wholly or partly |
| |
| |
(a) | the nature of the licensed activities; |
| 30 |
(b) | the circumstances in which the licensed activities are carried on; |
| |
(c) | the nature or circumstances of the licensee or of another person |
| |
involved or likely to be involved in the conduct of the licensed |
| |
| |
(3) | Where the Commission issues an operating licence it shall attach to the licence |
| 35 |
any condition specified under subsection (1) as a condition to be attached to |
| |
operating licences of a class within which the licence falls. |
| |
72 | General conditions: procedure |
| |
(1) | The Commission may amend or revoke a condition specified under section 71; |
| |
and a reference in this section to the specification of a condition includes a |
| 40 |
reference to the amendment or revocation of a condition. |
| |
|
| |
|