Gambling Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 5 — Operating Licences
43

(9)
Nothing in this section prevents the Commission from attaching a condition to
a lottery operating licence of a kind similar to but more onerous than a
requirement of this section.
(10)
The Secretary of State may by order vary a monetary amount or a percentage
in this section.
5
Maintenance
93
Annual fee
(1)
The holder of an operating licence—
(a)
shall pay a first annual fee to the Commission within such period after
the issue of the licence as may be prescribed, and
10
(b)
shall pay an annual fee to the Commission before each anniversary of
the issue of the licence.
(2)
In this section—
“annual fee” means a fee of such amount as may be prescribed, and
“prescribed” means prescribed by the Secretary of State by regulations.
15
(3)
Regulations under this section may, in particular, make different provision
for—
(a)
different kinds of operating licence, or
(b)
different circumstances.
(4)
Subsection (1)(b) does not apply in relation to an anniversary of the issue of a
20
licence on or immediately before which the licence ceases to have effect by
virtue of section 104.
94
Change of circumstance
(1)
The Secretary of State may make regulations requiring the holder of an
operating licence—
25
(a)
to notify the Commission of any change of circumstance of a prescribed
kind in relation to him or to a licensed activity, and
(b)
to give the Commission prescribed details of the change.
(2)
If a change of circumstance notified under subsection (1) falsifies information
contained in the operating licence in accordance with section 62 the notification
30
must be accompanied by—
(a)
the licence, or
(b)
an application to the Commission for the issue of a copy of the licence
under section 100.
(3)
Where notification is accompanied by the licence, the Commission shall—
35
(a)
make such alteration to the information contained in the licence as
appears to it to be required by the change in circumstance, and
(b)
return the licence to the licensee.
(4)
Where the notification is accompanied by an application for a copy of the
licence, the Commission shall, if it grants the application, issue the copy in a
40
form which appears to the Commission to reflect the change in circumstance.
(5)
In this section “prescribed” means prescribed by regulations under this section.

Gambling Bill
Part 5 — Operating Licences
44

(6)
The holder of an operating licence commits an offence if he fails without
reasonable excuse to comply with regulations under this section.
(7)
A person guilty of an offence under subsection (6) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(8)
This section does not prevent the imposition of a requirement to notify the
5
Commission of a specified change of circumstance by way of the attachment of
a condition to an operating licence.
95
Change of corporate control
(1)
This section applies where the holder of an operating licence is a company
limited by shares (“the company”).
10
(2)
If a person becomes a controller of the company (“the new controller”), within
the meaning of section 422 of the Financial Services and Markets Act 2000 (c. 8),
the company shall inform the Commission and either—
(a)
surrender the operating licence under section 106, or
(b)
apply to the Commission under this section for a determination that the
15
operating licence shall continue to have effect.
(3)
An application under subsection (2)(b) must be accompanied by such
information as the Commission may direct about—
(a)
the new controller,
(b)
his interest in the company, and
20
(c)
his interest in any company of which the company is a subsidiary
(within the meaning of section 736 of the Companies Act 1985 (c. 6)).
(4)
On considering an application under section (2)(b) the Commission shall—
(a)
make the determination sought, if satisfied that the Commission would
have granted the operating licence to the licensee had the new
25
controller been a controller of the company when the application for the
operating licence was made, and
(b)
otherwise, revoke the operating licence.
(5)
If the Commission becomes aware that a company has failed to comply with
the duty under subsection (2) within the period of five weeks beginning with
30
the day on which the duty began to apply to the company, the Commission
shall revoke the relevant operating licence.
(6)
But the Commission may extend the period under subsection (5)—
(a)
before it expires, or
(b)
after it expires (if the relevant operating licence has not yet been
35
revoked).
96
Section 95: supplemental
(1)
The Secretary of State may by regulations provide for section 95 not to apply to
the holder of a specified description of operating licence.
(2)
An application under section 95(2)(b) must be accompanied by the prescribed
40
fee.
(3)
An application may be made under section 95(2)(b) in respect of a person who
is expected to become a controller of a company.

Gambling Bill
Part 5 — Operating Licences
45

(4)
The Commission shall as soon as is reasonably practicable inform an applicant
under section 95(2)(b) of—
(a)
the Commission’s decision, and
(b)
the reasons for it.
(5)
In giving a direction under section 95(3) the Commission shall have regard to
5
normal commercial practices in relation to the confidentiality of information.
(6)
Regulations under subsection (2) above may, in particular, provide for a
reduction of fee where the application is a result of—
(a)
the merger of more than one company, or
(b)
the division of a company.
10
(7)
Revocation of an operating licence under section 95 shall be treated for all
purposes (including the application of section 112) as revocation under section
112.
97
Application to vary licence
(1)
The holder of an operating licence may apply to the Commission to vary the
15
licence by—
(a)
adding, amending or removing a licensed activity,
(b)
amending another detail of the licence, or
(c)
adding, amending or removing a condition attached to the licence
under section 73.
20
(2)
A licence may not be varied under this section so as to authorise anyone other
than the person to whom it was issued to provide facilities for gambling.
(3)
The provisions of this Part shall apply in relation to an application for variation
as they apply in relation to an application for a licence—
(a)
subject to the provisions of this section, and
25
(b)
with any other necessary modifications.
(4)
Regulations under this Part which relate to an application for an operating
licence may make—
(a)
provision which applies only in the case of an application for variation;
(b)
provision which does not apply in the case of an application for
30
variation;
(c)
different provision in relation to an application for variation from that
made in relation to an application for an operating licence;
(d)
different provision in relation to applications for variations of different
kinds.
35
(5)
An application for variation must (in addition to anything required by section
65) be accompanied by—
(a)
a statement of the variation sought, and
(b)
either—
(i)
the licence to be varied, or
40
(ii)
a statement explaining why it is not reasonably practicable to
produce the licence.
(6)
In granting an application for variation the Commission—
(a)
shall specify a time when the variation shall begin to have effect, and

Gambling Bill
Part 5 — Operating Licences
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(b)
may make transitional provision.
98
Amendment
(1)
The Commission may require the holder of an operating licence to submit it to
the Commission for the purpose of amendment to reflect—
(a)
a general variation of conditions under section 71,
5
(b)
a change notified under section 94,
(c)
the grant of an application for variation under section 97,
(d)
the attachment of an additional condition, or the amendment of a
condition, under section 110,
(e)
the grant of an application for renewal under section 105, or
10
(f)
anything done in relation to a personal licence under Part 6.
(2)
A licensee shall comply with a requirement under subsection (1) within the
period of 14 days beginning with the day on which he receives notice of the
requirement.
(3)
A person commits an offence if he fails without reasonable excuse to comply
15
with a requirement imposed under subsection (1).
(4)
A person guilty of an offence under subsection (3) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(5)
Subsection (1)(a) is without prejudice to section 72(4)(c).
99
Register of operating licences
20
(1)
The Commission shall—
(a)
maintain a register of operating licences containing such details of and
relating to each licence as the Commission thinks appropriate,
(b)
make the register available for inspection by members of the public at
all reasonable times, and
25
(c)
make arrangements for the provision of a copy of an entry in the
register to a member of the public on request.
(2)
The Commission may refuse to provide access to the register or to provide a
copy of an entry unless the person seeking access or a copy pays a fee specified
by the Commission.
30
(3)
The Commission may not specify a fee under subsection (2) which exceeds the
reasonable cost of providing the service sought (but in calculating the cost of
providing a service to a person the Commission may include a reasonable
share of expenditure which is referable only indirectly to the provision of that
service).
35
100
Copy of licence
(1)
The Commission may make arrangements to issue to a licensee on request a
copy of an operating licence which has been lost, stolen or damaged.
(2)
The arrangements may, in particular, include a requirement—
(a)
for the payment of a fee not exceeding such sum as may be prescribed
40
for the purposes of this subsection by the Secretary of State by
regulations;

Gambling Bill
Part 5 — Operating Licences
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(b)
in the case of a licence being lost or stolen, that the licensee has
complied with specified arrangements for reporting the loss or theft to
the police.
(3)
A copy of a licence issued under this section shall be treated as if it were the
licence.
5
101
Production of licence
(1)
A constable or enforcement officer may require the holder of an operating
licence to produce it to the constable or enforcement officer within a specified
period.
(2)
A licensee commits an offence if he fails without reasonable excuse to comply
10
with a requirement under subsection (1).
(3)
A person guilty of an offence under subsection (2) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
102
Conviction
(1)
If the holder of an operating licence is convicted of an offence by or before a
15
court in Great Britain he shall as soon as is reasonably practicable notify the
Commission of—
(a)
his conviction, and
(b)
any sentence passed in respect of it.
(2)
If the holder of an operating licence is convicted of a relevant offence by or
20
before a court in Great Britain he shall immediately inform the court that he is
the holder of an operating licence.
(3)
If the holder of an operating licence is convicted of a relevant offence by or
before a court outside Great Britain he shall as soon as is reasonably practicable
notify the Commission of—
25
(a)
his conviction, and
(b)
any sentence passed in respect of it.
(4)
A person commits an offence if he fails without reasonable excuse to comply
with any of subsections (1) to (3).
(5)
A person guilty of an offence under subsection (4) shall be liable on summary
30
conviction to a fine not exceeding level 2 on the standard scale.
Duration
103
Indefinite duration
An operating licence shall continue to have effect unless and until it ceases to
have effect in accordance with—
35
(a)
a determination under section 104, or
(b)
section 106, 107, 108, 111 or 112.