|
| |
|
| |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
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 |
| |
(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— |
| |
| |
(b) | goes into liquidation (within the meaning of section 247(2) of that |
| |
| 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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
15 | A permit shall cease to have effect if the holder gives to the licensing |
| |
| |
(a) | notice of surrender, and |
| |
| |
| 5 |
(ii) | a statement explaining why it is not reasonably practicable to |
| |
| |
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 |
| |
| |
(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— |
| |
| |
(b) | a statement explaining why it is not reasonably practicable to |
| |
| |
(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. |
| |
| |
17 (1) | The holder of a permit may apply to the licensing authority for renewal of |
| |
| |
(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 |
| |
| |
(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 |
| |
(a) | an application for renewal of the permit is pending, or |
| |
(b) | an appeal against a decision on an application for renewal of the |
| |
| |
|
| |
|
| |
|
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
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 |
| |
| |
(3) | On an appeal a magistrates’ court may— |
| |
| 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. |
| |
|
| |
|
| |
|
| |
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 |
| |
(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 |
| |
| |
(e) | excusing licensing authorities, wholly or partly, from compliance |
| 25 |
| |
| |
23 | A permit may not be issued in respect of a vehicle or vessel (or part of a |
| |
| |
| 30 |
| |
Private Gaming and Betting |
| |
| |
| |
| |
1 | Gaming is private if it satisfies the conditions specified in this Part of this |
| 35 |
| |
2 (1) | For the purposes of this Part of this Schedule gaming is domestic if it takes |
| |
| |
(a) | in a private dwelling, and |
| |
|
| |
|
| |
|
(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 |
| |
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. |
| |
| |
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 |
| |
| |
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). |
| |
| 25 |
| |
| |
6 | Betting is private betting if it is— |
| |
| |
| 30 |
| |
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). |
| |
|
| |
|
| |
|
| |
8 | A betting transaction is workers’ betting if made between persons each of |
| |
whom is employed under a contract of employment with the same |
| |
| |
| 5 |
| |
Minor and Consequential 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 |
| |
| 15 |
| |
| |
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 |
| |
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;”. |
| |
|
| |
|
| |
|
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 |
| |
| |
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) |
| |
| |
| |
(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 |
| |
| 25 |
(3) | In subsection (2) “betting transactions” includes the collection or |
| |
| |
(4) | Expressions used in this section and in the Gambling Act 2005 have |
| |
the same meaning in this section as in that 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 |
| |
9 | In section 115 of the Police Act 1997 (enhanced criminal record certificates) |
| |
|
| |
|