Gambling Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 7 — Gambling Appeals Tribunal
162

Procedure
11
Decisions of the Tribunal may be taken by majority vote.
12
The President may, subject to rules under section 139, give directions about
the practice and procedure of the Tribunal.
13
Rules made by the Lord Chancellor under section 139 may, in particular,
5
make provision—
(a)
about the manner in which appeals are to be instituted;
(b)
for the President or a member of the Tribunal to determine an
interlocutory or ancillary matter;
(c)
for the President or a member of the Tribunal to give directions—
10
(i)
requiring parties or witnesses to take specified steps in
relation to proceedings, and
(ii)
as to how and when those steps are to be taken,
(d)
about disclosure;
(e)
for joining the Commission to proceedings;
15
(f)
for the suspension by the Tribunal of decisions of the Commission
(whether or not they have already taken effect);
(g)
enabling the Tribunal to require persons to attend proceedings for
the purpose of giving evidence or producing documents;
(h)
enabling the Tribunal to administer oaths to witnesses;
20
(i)
about the admission of members of the public to proceedings;
(j)
about representation of parties;
(k)
about withdrawal of proceedings;
(l)
about the recording and promulgation of decisions;
(m)
about the award of costs or expenses (which may, in particular,
25
include an award against the Commission or another party joined in
accordance with the rules);
(n)
enabling the Tribunal to vary or revoke a decision, on grounds
specified in the rules and within such period as the rules may
specify.
30
Council on Tribunals
14
In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53)
(tribunals under general supervision of Council) the following shall be
inserted before paragraph 22—

“Gambling appeals
21C. The Gambling Appeals

35

Tribunal established by

section 133 of the Gambling

Act 2005.”

Gambling Bill
Schedule 8 — Family Entertainment Centre Gaming Machine Permits
163

Schedule 8
Section 231

Family Entertainment Centre Gaming Machine Permits
Interpretation
1
In this Schedule—
“holder”, in relation to a permit, means the person to whom the permit
5
is issued,
“the licensing authority”—
(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
10
it,
“permit” means a family entertainment centre gaming machine permit,
“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
15
State.
Making of application
2     (1)
An application for a permit may be made only by a person who—
(a)
occupies or proposes to occupy the premises, and
(b)
proposes to use the premises as an unlicensed family entertainment
20
centre.
      (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 premises licence has effect
in respect of the premises.
4
An application for a permit must be made to a licensing authority in whose
25
area the premises are wholly or partly situated.
5
An application for a permit must—
(a)
be made in such form and manner as the licensing authority may
direct,
(b)
specify the premises in respect of which the permit is sought,
30
(c)
contain or be accompanied by such other information or documents
as the licensing authority may direct, and
(d)
be accompanied by the prescribed fee.
Consideration of application
6
Section 146 shall have effect in relation to the functions of a licensing
35
authority under this Schedule as it has effect in relation to 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
40
the licensing authority proposes to consider in determining the suitability of
an applicant for a permit.

Gambling Bill
Schedule 8 — Family Entertainment Centre Gaming Machine Permits
164

      (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
Commission under section 24.
Determination of application
5
8     (1)
On considering an application for a permit a licensing authority may—
(a)
grant it, or
(b)
refuse it.
      (2)
A licensing authority may not attach conditions to a permit.
      (3)
As soon as is reasonably practicable after granting an application a licensing
10
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—
(a)
the refusal, and
(b)
the reasons for it.
15
9
A licensing authority may grant an application for a permit only if they—
(a)
are satisfied that the applicant intends to use the premises as an
unlicensed family entertainment centre, and
(b)
have consulted the chief officer of police for a police area in which the
premises are wholly or partly situated.
20
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
25
applicant an opportunity to make—
(a)
oral representations,
(b)
written representations, or
(c)
both.
Form of permit
30
11    (1)
A permit must specify—
(a)
the person to whom it is issued,
(b)
the premises, and
(c)
the date on which it takes effect.
      (2)
If the person to whom a permit is issued changes his name or wishes to be
35
known by another name—
(a)
he may send the permit to the licensing authority with a request that
a new name be substituted for the old name, and
(b)
the licensing authority shall comply with the request and return the
permit to the holder.
40

Gambling Bill
Schedule 8 — Family Entertainment Centre Gaming Machine Permits
165

Duration
12
A permit shall cease to have effect at the end of the period of ten years
beginning with the date specified under paragraph 11(1)(c) unless—
(a)
it ceases to have effect before that time in accordance with a
provision of this Schedule, or
5
(b)
it is renewed in accordance with paragraph 18.
13    (1)
A permit shall lapse if the holder ceases to occupy the premises specified
under paragraph 11(1)(b).
      (2)
A permit shall not take effect if on the date specified under paragraph
11(1)(c) the person to whom the permit is issued is not an occupier of the
10
premises specified under paragraph 11(1)(b).
14
A permit shall lapse if the licensing authority notify the holder that the
premises are not being used as a family entertainment centre.
15    (1)
A permit held by an individual shall lapse if—
(a)
he dies,
15
(b)
he becomes, in the opinion of the licensing authority as notified to
him, incapable of carrying on the activities authorised by the permit
by reason of mental or physical incapacity,
(c)
he becomes bankrupt (within the meaning of section 381 of the
Insolvency Act 1986 (c. 45)), or
20
(d)
sequestration of his estate is awarded under section 12(1) of the
Bankruptcy (Scotland) Act 1985 (c. 66).
      (2)
In any other case a permit shall lapse if the holder—
(a)
ceases to exist, or
(b)
goes into liquidation (within the meaning of section 247(2) of the
25
Insolvency Act 1986).
      (3)
During the period of six months beginning with the date on which a permit
lapses under this paragraph the following may rely on it as if it had effect
and were issued to them—
(a)
the personal representatives of the holder (in the case of an
30
individual holder who dies),
(b)
the trustee of the bankrupt’s estate (in the case of an individual
holder who becomes bankrupt), and
(c)
the liquidator of the company (in the case of a company holder that
goes into liquidation).
35
16
A permit shall cease to have effect if the holder gives to the licensing
authority—
(a)
notice of surrender, and
(b)
either—
(i)
the permit, or
40
(ii)
a statement explaining why it is not reasonably practicable to
produce the permit.
17    (1)
Where the holder of a permit is convicted of a relevant offence the court by
or before which he is convicted may order forfeiture of the permit.
      (2)
Forfeiture under this paragraph shall be on such terms (which may include
45
terms as to suspension) as may be specified by—

Gambling Bill
Schedule 8 — Family Entertainment Centre Gaming Machine Permits
166

(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
5
shall cease to have effect on the making of a forfeiture order under this
paragraph.
      (4)
The terms on which forfeiture is ordered under this paragraph shall, in
particular, include a requirement that the holder of the permit deliver to the
licensing authority within such time as the order may specify—
10
(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 or suspending an order for
forfeiture under this paragraph a court shall notify the licensing authority.
15
Renewal
18    (1)
The holder of a permit may apply to the licensing authority for renewal of
the permit.
      (2)
An application for renewal may not be made—
(a)
before the period of six months ending with the date on which the
20
permit would otherwise expire in accordance with paragraph 12, or
(b)
after the beginning of the period of two months 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
25
relation to an application for a permit.
      (4)
A licensing authority may refuse an application for renewal of a permit only
on the grounds—
(a)
that an authorised local authority officer has been refused access to
the premises without reasonable excuse, or
30
(b)
that renewal would not be reasonably consistent with pursuit of the
licensing objectives.
      (5)
Paragraph 12 shall have effect in relation to a renewed permit as if the date
of renewal were the date specified under paragraph 11(1)(c).
      (6)
A permit shall not cease to have effect by virtue only of paragraph 12
35
while—
(a)
an application for renewal of the permit is pending, or
(b)
an appeal against a decision on an application for renewal of the
permit is pending.
Maintenance
40
19
The holder of a permit shall keep it on the premises.

Gambling Bill
Schedule 8 — Family Entertainment Centre Gaming Machine Permits
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20    (1)
An occupier of premises in respect of which a permit has effect commits an
offence if without reasonable excuse he fails to produce the permit on
request for inspection by—
(a)
a constable,
(b)
an enforcement officer, or
5
(c)
an authorised local authority officer.
      (2)
A person guilty of an offence under this paragraph shall be liable on
summary conviction to a fine not exceeding level 2 on the standard scale.
21    (1)
Where a permit is lost, stolen or damaged, the holder may apply to the
licensing authority for a copy.
10
      (2)
An application under sub-paragraph (1) must be accompanied by the
prescribed fee.
      (3)
A licensing authority shall consider an application under this paragraph and
shall grant it if satisfied—
(a)
that the permit has been lost, stolen or damaged, and
15
(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 this
paragraph a licensing authority shall issue a copy of the permit certified by
the authority as a true copy.
20
      (5)
A copy of a permit issued under this paragraph shall be treated as if it were
the permit.
Appeal
22    (1)
The applicant for or holder of a permit may appeal if the licensing
authority—
25
(a)
reject an application for the issue or renewal of a permit,
(b)
give a notice under paragraph 14, or
(c)
give a notice under paragraph 15(1)(b).
      (2)
An appeal under this paragraph must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the
30
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 or holder receives notice of the decision against which the
appeal is brought.
35
      (3)
On an appeal the magistrates’ court may—
(a)
dismiss the appeal;
(b)
substitute for the decision appealed against any decision that the
licensing authority could have made (with effect from such date and
on such transitional or other terms as the court may specify);
40
(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
a direction of the court;
(e)
make an order about costs.
45

Gambling Bill
Schedule 8 — Family Entertainment Centre Gaming Machine Permits
168

      (4)
Sub-paragraph (1) applies to a decision of a licensing authority following
remittal under sub-paragraph (3)(d).
      (5)
In relation to premises in Scotland—
(a)
sub-paragraph (2)(a) shall have effect as if it referred to a sheriff
within whose sheriffdom the premises are wholly or partly situated,
5
(b)
sub-paragraph (2)(b) shall not have effect,
(c)
the reference in sub-paragraph (3) to the magistrates’ court shall
have effect as a reference to the sheriff, and
(d)
the reference in sub-paragraph (3) to costs shall have effect as a
reference to expenses.
10
Register
23    (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
15
members of the public at all reasonable times, and
(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
20
the authority.
      (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—
25
(a)
requiring licensing authorities to give to the Commission specified
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
30
of the public (without charge);
(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
35
with sub-paragraph (1).
Vehicles and vessels
24
A permit may not be issued in respect of a vehicle or vessel (or part of a
vehicle or vessel).