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Gambling Bill


Gambling Bill
Schedule 11 — Prize Gaming Permits

190

 

(c)   

both.

Form of permit

11    (1)  

A permit must specify—

(a)   

the person to whom it is issued,

(b)   

the nature of the gaming in respect of which it has effect,

5

(c)   

the premises, and

(d)   

the date on which it takes effect.

      (2)  

If the person to whom a permit is issued changes his name or wishes to be

known by another name—

(a)   

he may send the permit to the licensing authority with a request that

10

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.

Duration

12         

A permit shall cease to have effect at the end of the period of ten years

15

beginning with the date specified under paragraph 11(1)(d) unless—

(a)   

it ceases to have effect before that time in accordance with a

provision of this Schedule, or

(b)   

it is renewed in accordance with paragraph 17.

13    (1)  

A permit shall lapse if the holder ceases to occupy the premises specified

20

under paragraph 11(1)(c).

      (2)  

A permit shall not take effect if on the date specified under paragraph

11(1)(d) the person to whom the permit is issued is not an occupier of the

premises specified under paragraph 11(1)(c).

14    (1)  

A permit held by an individual shall lapse if he—

25

(a)   

dies,

(b)   

becomes, in the opinion of the licensing authority as notified to the

individual, incapable of carrying on the activities authorised by the

permit by reason of mental or physical incapacity, or

(c)   

becomes bankrupt (within the meaning of section 381 of the

30

Insolvency Act 1986 (c. 45)).

      (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 that

Act).

35

      (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

individual holder who dies),

40

(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).

 

 

Gambling Bill
Schedule 11 — Prize Gaming Permits

191

 

15         

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

5

(ii)   

a statement explaining why it is not reasonably practicable to

produce the permit.

16    (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

10

terms as to suspension) as may be specified by—

(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.

15

      (3)  

Subject to any express provision made under sub-paragraph (2), a permit

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

20

licensing authority within such time as the order may specify—

(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

25

forfeiture under this paragraph a court shall notify the licensing authority.

Renewal

17    (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—

30

(a)   

before the period of six months ending with the date on which the

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

35

modifications) in relation to an application for renewal as they have effect in

relation to an application for a permit.

      (4)  

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)(d).

      (5)  

A permit shall not cease to have effect by virtue only of paragraph 12

40

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.

 

 

Gambling Bill
Schedule 11 — Prize Gaming Permits

192

 

Maintenance

18         

The holder of a permit shall keep it on the premises.

19    (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—

5

(a)   

a constable, or

(b)   

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.

20    (1)  

Where a permit is lost, stolen or damaged, the holder may apply to the

10

licensing authority for a copy.

      (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—

15

(a)   

that the permit has been lost, stolen or damaged, and

(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

20

the authority as a true copy.

      (5)  

A copy of a permit issued under this paragraph shall be treated as if it were

the permit.

Appeal

21    (1)  

Where a licensing authority reject an application for the issue or renewal of

25

a permit the applicant may appeal.

      (2)  

An appeal under this paragraph must be instituted—

(a)   

in the magistrates’ court for a petty sessions area in which the

premises to which the appeal relates are wholly or partly situated,

(b)   

by notice of appeal given to the justices’ chief executive, and

30

(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.

      (3)  

On an appeal a magistrates’ court may—

(a)   

dismiss the appeal;

35

(b)   

substitute for the decision appealed against any decision that the

licensing authority could have made;

(c)   

remit the case to the licensing authority to decide in accordance with

a direction of the court;

(d)   

make an order about costs.

40

      (4)  

Sub-paragraph (1) applies to a decision of a licensing authority following

remittal under sub-paragraph (3)(c) above.

 

 

Gambling Bill
Schedule 12 — Private Gaming and Betting
Part 1 — Gaming

193

 

Register

22    (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

5

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

10

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—

15

(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

20

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

25

with sub-paragraph (1).

Vehicles and vessels

23         

A permit may not be issued in respect of a vehicle or vessel (or part of a

vehicle or vessel).

Schedule 12

30

Section 278

 

Private Gaming and Betting

Part 1

Gaming

Introduction

1          

Gaming is private if it satisfies the conditions specified in this Part of this

35

Schedule.

2     (1)  

For the purposes of this Part of this Schedule gaming is domestic if it takes

place—

(a)   

in a private dwelling, and

 

 

Gambling Bill
Schedule 12 — Private Gaming and Betting
Part 2 — Betting

194

 

(b)   

on a domestic occasion.

      (2)  

For the purposes of this Part of this Schedule gaming is residential if—

(a)   

it takes place in a hostel, hall of residence or similar establishment

which is not administered in the course of a trade or business, and

(b)   

more than half of the participants are residents of the hostel, hall or

5

establishment.

No charge for participation

3     (1)  

It is a condition of private gaming that no charge is made for participation.

      (2)  

For the purposes of this paragraph—

(a)   

it is immaterial how a charge is described,

10

(b)   

it is immaterial whether a charge is in money or money’s worth,

(c)   

an amount deducted or levied, by a person providing facilities for

gaming, from sums staked or won in the course of gaming is a charge

for participation in the gaming,

(d)   

a charge for admission to premises where gaming takes place shall

15

be treated as a charge for participation in the gaming, and

(e)   

a stake is not a charge for participation.

Equal chance gaming

4     (1)  

It is a condition of private gaming that it is equal chance gaming.

      (2)  

But this condition does not apply in relation to domestic or residential

20

gaming.

Privacy

5          

It is a condition of private gaming that it does not occur in a place to which

the public have access (whether or not on payment).

Part 2

25

Betting

Introduction

6          

Betting is private betting if it is—

(a)   

domestic betting, or

(b)   

workers’ betting.

30

Domestic betting

7     (1)  

A betting transaction is domestic betting if made on premises in which each

party to the transaction lives.

      (2)  

For the purposes of this paragraph a person lives in premises if he habitually

resides in any part of the premises (whether or not there are other premises

35

in which he also habitually resides).

 

 

Gambling Bill
Schedule 13 — Minor and Consequential Amendments
Part 2 — Consequential Amendments

195

 

Workers’ betting

8          

A betting transaction is workers’ betting if made between persons each of

whom is employed under a contract of employment with the same

employer.

Schedule 13

5

Section 333

 

Minor and Consequential Amendments

Part 1

Minor Amendments

Libraries Offences Act 1898 (c. 53)

1          

Section 2(3) of the Libraries Offences Act 1898 (offence of annoying library

10

users) shall cease to have effect.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

2          

Section 8B(2)(c) of the Chronically Sick and Disabled Persons Act 1970

(report by Secretary of State on access to betting offices) shall cease to have

effect.

15

Part 2

Consequential Amendments

Parliamentary Commissioner Act 1967 (c. 13)

3          

In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject

to investigation) for “Gaming Board for Great Britain.” substitute “Gambling

20

Commission.”

Superannuation Act 1972 (c. 11)

4          

In Schedule 1 to the Superannuation Act 1972 (employment to which

superannuation schemes may extend) for “Gaming Board for Great Britain.”

substitute “Gambling Commission.”

25

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

5          

In section 20(9) of the Local Government (Miscellaneous Provisions) Act

1976 (sanitation) for the definition of “betting office” substitute—

““betting office” means premises, other than a track within the

meaning of the Gambling Act 2005, in respect of which a

30

betting premises licence under Part 8 of that Act has effect;”.

 

 

Gambling Bill
Schedule 13 — Minor and Consequential Amendments
Part 2 — Consequential Amendments

196

 

Race Relations Act 1976 (c. 74)

6          

In Schedule 1A to the Race Relations Act 1976 (bodies subject to general

statutory duty) for “Gaming Board for Great Britain” substitute “Gambling

Commission”.

London Local Authorities Act 1995 (c. x)

5

7          

In section 14 of the London Local Authorities Act 1995 (interpretation of

licensing provisions) for the provision excluding premises licensed under

Part II of the Gaming Act 1968 substitute:  “does not include premises in

respect of which a casino premises licence or bingo premises licence under

Part 8 of the Gambling Act 2005 has effect;”

10

Employment Rights Act 1996 (c. 18)

8          

For section 233 of the Employment Rights Act 1996 (betting workers)

substitute—

“233    

Betting workers

(1)   

In this Act “betting worker” means an employee who under his

15

contract of employment is or may be required to do betting work.

(2)   

In this Act “betting work” means—

(a)   

work which consists of or includes dealing with betting

transactions at a track in England or Wales and which is

carried out for a person who holds a general betting

20

operating licence, a pool betting operating licence or a horse-

race pool betting operating licence, and

(b)   

work on premises in respect of which a betting premises

licence has effect at a time when the premises are used for

betting transactions.

25

(3)   

In subsection (2) “betting transactions” includes the collection or

payment of winnings.

(4)   

Expressions used in this section and in the Gambling Act 2005 have

the same meaning in this section as in that Act.

(5)   

In this Act—

30

“notice period”, in relation to an opted-out betting worker, has

the meaning given by section 41(3),

“opted-out”, in relation to a betting worker, shall be construed

in accordance with section 41(1) and (2),

“opting-in notice”, in relation to a betting worker, has the

35

meaning given by section 36(6),

“opting-out notice”, in relation to a betting worker, has the

meaning given by section 40(2), and

“protected”, in relation to a betting worker, shall be construed

in accordance with section 36(1) to (5).”

40

Police Act 1997 (c. 50)

9          

In section 115 of the Police Act 1997 (enhanced criminal record certificates)

 

 

 
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Revised 25 November 2004