House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
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.

 

 

Gambling Bill
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.

 

 

Gambling Bill
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—

 

 

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

186

 

(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;

 

 

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

187

 

(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.

 

 

Gambling Bill
Schedule 11 — Prize Gaming Permits

188

 

      (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—

 

 

Gambling Bill
Schedule 11 — Prize Gaming Permits

189

 

(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

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 25 November 2004