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104 | Power to limit duration |
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(1) | The Commission may determine that operating licences, or a specified class of |
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operating licence, shall cease to have effect at the end of a specified period |
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(unless terminated earlier in accordance with section 106, 107, 108 or 112). |
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(2) | The period specified under subsection (1)— |
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(a) | in the case of an operating licence issued after the determination, must |
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begin with the date on which the licence is issued, and |
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(b) | in the case of an operating licence issued before the determination, |
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must begin with the date of the determination. |
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(a) | may determine different periods under subsection (1) for operating |
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licences authorising different classes of activity (but may not otherwise |
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determine different periods for different licences), and |
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(b) | may alter a determination under subsection (1) (but an alteration shall |
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have effect only in relation to licences issued after the alteration). |
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(4) | The Commission shall publish any determination under subsection (1) as part |
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of a statement (or revised statement) under section 22. |
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(1) | Where an operating licence is subject to a determination under section 104, the |
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licensee may apply to the Commission for renewal of the licence. |
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(2) | The provisions of this Part shall apply in relation to an application for renewal |
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as they apply in relation to an application for a licence— |
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(a) | subject to the provisions of this section, and |
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(b) | with any other necessary modifications. |
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(3) | An application for renewal of an operating licence may be made only during |
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(a) | begins three months before the date on which the licence would |
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otherwise expire by virtue of section 104, and |
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(b) | ends one month before the date on which the licence would otherwise |
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expire by virtue of that section. |
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(4) | Where an application for renewal of an operating licence is awaiting |
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determination on the date when it would expire by virtue of section 104, the |
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licence shall continue to have effect by virtue of this subsection until the |
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application is determined (unless it ceases to have effect by virtue of section |
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(5) | A direction or regulations under this Part which relate to an application for an |
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operating licence may make— |
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(a) | provision which applies only in the case of an application for renewal; |
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(b) | provision which does not apply in the case of an application for |
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(c) | different provision in relation to an application for renewal from that |
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made in relation to an application for an operating licence. |
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(6) | An application for renewal must (in addition to anything required by section |
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(a) | the licence to be renewed, or |
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(b) | a statement explaining why it is not reasonably practicable to submit |
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the licence to be renewed. |
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(7) | The Commission shall determine the period during which a renewed |
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operating licence is to have effect (subject to sections 106, 107, 108, 111 and 112); |
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(a) | may determine different periods for operating licences authorising |
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different classes of activity (but may not otherwise determine different |
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periods for different licences), |
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(b) | may alter a determination (but an alteration shall have effect only in |
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relation to licences issued after the alteration), and |
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(c) | shall publish any determination under this subsection as part of a |
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statement (or revised statement) under section 22. |
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(8) | The Secretary of State may by order amend subsection (3) so as to substitute a |
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different time for a time specified. |
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An operating licence shall cease to have effect if the licensee— |
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(a) | notifies the Commission of his intention to surrender the licence, and |
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(b) | gives the Commission either— |
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(ii) | a written statement explaining why it is not reasonably |
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practicable to produce the licence. |
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(1) | In the case of an operating licence issued to an individual, the licence shall |
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(b) | the licensee becomes, in the opinion of the Commission as notified to |
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the licensee, incapable of carrying on the licensed activities by reason of |
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mental or physical incapacity, |
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(c) | the licensee becomes bankrupt (within the meaning of section 381 of the |
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Insolvency Act 1986 (c. 45)), or |
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(d) | sequestration of the licensee’s estate is awarded under section 12(1) of |
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the Bankruptcy (Scotland) Act 1985 (c. 66). |
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(2) | In any other case an operating licence shall lapse if the licensee— |
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(b) | goes into liquidation (within the meaning of section 247(2) of the |
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(1) | Where the holder of an operating licence is convicted of a relevant offence by |
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or before a court in Great Britain the court may order forfeiture of the licence. |
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(2) | Forfeiture under this section shall be on such terms (which may include terms |
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as to suspension) as may be specified by— |
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(a) | the court which orders forfeiture, |
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(b) | a court to which an appeal against the conviction, or against any order |
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made on the conviction, has been or could be made, or |
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(c) | the High Court, if hearing proceedings relating to the conviction. |
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(3) | Subject to any express provision made under subsection (2), an operating |
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licence shall cease to have effect on the making of a forfeiture order under |
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(4) | The terms on which a forfeiture order is made under this section shall, in |
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particular, include a requirement that the licensee deliver to the Commission, |
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within such time as the order may specify— |
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(b) | a statement explaining why it is not reasonably practicable to produce |
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(5) | As soon as is reasonably practicable after making an order for forfeiture under |
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this section the court shall notify the Commission. |
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(1) | The Commission may in relation to operating licences of a particular |
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(a) | the manner in which licensees carry on licensed activities, and |
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(b) | in particular, arrangements made by licensees to ensure compliance |
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with conditions attached under section 71, 73 or 74. |
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(2) | The Commission may review any matter connected with the provision of |
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facilities for gambling as authorised by an operating licence if the |
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(a) | has reason to suspect that activities may have been carried on in |
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purported reliance on the licence but not in accordance with a condition |
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(b) | believes that the licensee, or a person who exercises a function in |
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connection with or is interested in the licensed activities, has acquired |
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a conviction of a kind mentioned in section 67(1), or |
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(i) | suspects that the licensee may be unsuitable to carry on the |
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(ii) | thinks that a review would be appropriate. |
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(3) | For the purposes of subsection (2)(c) a reason— |
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(a) | may, in particular, relate to the receipt of a complaint about the |
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(b) | need not relate to any suspicion or belief about the licensee’s activities. |
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(4) | Before commencing a review of an operating licence under subsection (2) the |
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(a) | notify the licensee, and |
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(b) | inform him of the procedure to be followed in the conduct of the |
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(5) | In conducting a review of an operating licence under subsection (2) the |
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(a) | shall give the licensee an opportunity to make representations, and |
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(b) | may give other persons an opportunity to make representations. |
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(1) | Following a review under section 109(1) or (2) the Commission may— |
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(a) | give the holder of an operating licence a warning; |
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(b) | attach an additional condition to a licence under section 73; |
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(c) | remove or amend a condition attached to a licence under section 73; |
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(d) | exercise the power under section 111 to suspend a licence; |
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(e) | exercise the power under section 112 to revoke a licence; |
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(f) | exercise the power under section 114 to impose a penalty. |
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(2) | Where the Commission determines to take action under subsection (1) in |
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respect of a licence it shall as soon as is reasonably practicable notify the |
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(b) | the Commission’s reasons. |
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(3) | In determining what action to take under subsection (1) following a review the |
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Commission may have regard to a warning under that subsection given to the |
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licensee following an earlier review (whether or not of that licence). |
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(1) | The Commission may suspend an operating licence if following a review |
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under section 109(1) or (2) the Commission thinks that any of the conditions |
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specified in section 113(1) applies. |
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(2) | The Commission may suspend an operating licence if at the time of deciding to |
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conduct a review under section 109(1) or (2), or at any time during the course |
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of a review, the Commission suspects that any of the conditions specified in |
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section 113(1) may apply. |
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(3) | The Commission may suspend an operating licence if it thinks that any of the |
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conditions specified in section 113(2) applies. |
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(4) | Where the Commission suspends an operating licence it— |
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(a) | shall specify the time when the suspension takes effect, |
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(b) | shall specify either— |
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(i) | a period for which the suspension shall last (which is without |
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prejudice to the re-exercise of the power under subsection (1) on |
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or after the expiry of that period), or |
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(ii) | that the suspension shall last until some specified event occurs |
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(which may be the giving of a notice by the Commission), and |
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(c) | may make saving or transitional provision (which may, in particular, |
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provide for a licence to continue to have effect in relation to a gaming |
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machine supplied, or another thing done, before the time when the |
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suspension takes effect for other purposes). |
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(5) | An operating licence shall have no effect in respect of anything done while it is |
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suspended under this section. |
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