Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

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)