|
| |
|
(b) | such of the persons specified in section 22(5) as the Commission thinks |
| |
| |
(3) | The Commission shall publish any specification as soon as is reasonably |
| |
| |
(4) | Where the Commission proposes to specify a condition— |
| 5 |
(a) | at least three months before making the specification the Commission |
| |
shall give notice of it to the holder of each licence which— |
| |
(i) | has effect at that time, and |
| |
(ii) | is within a class affected by the specification, |
| |
(b) | if the Commission issues, after that time but before the specification is |
| 10 |
made, an operating licence of a class affected by the specification, the |
| |
Commission shall give the licensee notice of the proposed specification, |
| |
| |
(c) | on the making of the specification an existing licence shall by virtue of |
| |
this paragraph be subject to the condition specified. |
| 15 |
(5) | If the Commission thinks it necessary by reason of urgency to make a |
| |
specification without giving the notice required by subsection (4)(a)— |
| |
(a) | the Commission shall give as much notice as it thinks possible in the |
| |
circumstances to the persons mentioned in that provision, |
| |
(b) | subsection (4)(b) shall have effect after the time when notice is given |
| 20 |
under paragraph (a) above, and |
| |
(c) | subsection (4)(c) shall have effect. |
| |
(6) | Subsection (4)(c), in its application to the amendment or revocation of a |
| |
condition (by virtue of subsection (1)), shall be treated as— |
| |
(a) | making existing licences subject to the condition as amended, or |
| 25 |
(b) | relieving existing licences from the condition revoked. |
| |
73 | Individual condition imposed by Commission |
| |
Where the Commission issues an operating licence it may attach a condition to |
| |
| |
74 | Condition imposed by Secretary of State |
| 30 |
(1) | The Secretary of State may by regulations provide for a specified condition to |
| |
be attached to operating licences falling within a specified description. |
| |
(2) | Transitional provision of regulations under this section (made by virtue of |
| |
section 332(1)(c)) may, in particular, apply a condition (with or without |
| |
modification) to licences issued before the regulations are made (or come into |
| 35 |
| |
75 | Scope of powers to attach conditions |
| |
(1) | Without prejudice to the generality of the powers conferred by sections 71, 73 |
| |
and 74, a condition attached under any of those sections may, in particular, do |
| |
any of the things specified in this section. |
| 40 |
(2) | A condition may have the effect of restricting the activities that may be carried |
| |
on in reliance on the licence by reference to— |
| |
(a) | the nature of the activities, |
| |
|
| |
|
| |
|
(b) | the circumstances in which they are carried on, or |
| |
| |
(3) | A condition may make provision wholly or partly by reference to— |
| |
(a) | the nature of the licensed activities; |
| |
(b) | the circumstances in which the licensed activities are carried on; |
| 5 |
(c) | the nature or circumstances of the licensee or of another person |
| |
involved or likely to be involved in the conduct of the licensed |
| |
| |
(4) | In regulating the licensed activities a condition may make provision about— |
| |
(a) | the facilities that may or must be provided in connection with the |
| 10 |
| |
(b) | the manner in which facilities are provided; |
| |
(c) | the number of persons that may or must be employed in the provision |
| |
| |
(d) | the financial resources available for particular purposes to the person |
| 15 |
| |
| |
(5) | A condition may relate to the financial circumstances of the licensee or of |
| |
another person involved or likely to be involved in the conduct of the licensed |
| |
activities; in particular, a condition may make provision about the |
| 20 |
maintenance of reserves in respect of potential liabilities. |
| |
(6) | A condition of a remote operating licence may restrict the methods of |
| |
communication that may be used in the course of the licensed activities. |
| |
(7) | A condition may make provision about the advertising of facilities for |
| |
| 25 |
(8) | A condition may make provision about the provision of assistance to persons |
| |
who are or may be affected by problems related to gambling. |
| |
(9) | A condition may make provision about— |
| |
(a) | establishing the identity of users of facilities; |
| |
(b) | recording the identity of users of facilities; |
| 30 |
(c) | restricting facilities to persons registered in respect of the facilities in |
| |
| |
76 | Requirement for personal licence |
| |
(1) | The Commission shall use its powers under sections 71 and 73 to ensure that |
| |
in respect of each operating licence at least one person— |
| 35 |
(a) | occupies a specified management office in or in respect of the licensee |
| |
or in connection with the licensed activities, and |
| |
(b) | holds a personal licence authorising the performance of the functions of |
| |
| |
(2) | A condition under either of those sections may impose requirements which |
| 40 |
relate to a management office and are in addition to any required by subsection |
| |
| |
(3) | A condition attached to an operating licence by virtue of section 71, 73 or 74 |
| |
may, in particular, provide that if a specified management office is held in or |
| |
|
| |
|
| |
|
in respect of the licensee or in connection with a licensed activity (whether or |
| |
not in pursuance of another condition)— |
| |
(a) | it must be held by an individual who holds a personal licence |
| |
authorising the performance of the functions of the office, and |
| |
(b) | anything done in the performance of the functions of the office must be |
| 5 |
done in accordance with the terms and conditions of the personal |
| |
| |
(4) | A condition attached to an operating licence by virtue of section 71, 73 or 74 |
| |
may, in particular, provide that if a specified operational function is performed |
| |
in connection with a licensed activity it must be performed— |
| 10 |
(a) | by an individual who holds a personal licence authorising performance |
| |
| |
(b) | in accordance with the terms and conditions of the personal licence. |
| |
(5) | In this section “management office” in relation to a licensee means— |
| |
(a) | if the licensee is a company, the office of director, |
| 15 |
(b) | if the licensee is a partnership (including a limited liability |
| |
partnership), the office of partner, |
| |
(c) | if the licensee is an unincorporated association, any office in the |
| |
| |
(d) | in any case, any position which carries (whether solely or otherwise) |
| 20 |
| |
(i) | the conduct of a person who performs an operational function |
| |
in connection with a licensed activity, or |
| |
(ii) | facilitating or ensuring compliance with terms or conditions of |
| |
| 25 |
(6) | In this section “operational function” means— |
| |
(a) | any function which enables the person exercising it to influence the |
| |
| |
(b) | receiving or paying money in connection with gambling, and |
| |
(c) | manufacturing, supplying, installing, maintaining or repairing a |
| 30 |
| |
(7) | Provision by virtue of subsection (1) may be general or may relate only to |
| |
| |
(a) | kinds of operating licence, |
| |
| 35 |
| |
(8) | The Secretary of State may by order amend the definition of “management |
| |
office” or “operational function” for the purposes of this section. |
| |
(9) | In relation to a bingo operating licence issued to a members’ club, a commercial |
| |
club or a miners’ welfare institute— |
| 40 |
(a) | subsection (1) shall not apply, and |
| |
(b) | a condition attached by virtue of section 71, 73 or 74 may not |
| |
(i) | require that a person hold a personal licence, or |
| |
(ii) | operate by reference to whether a person holds a personal |
| |
| 45 |
|
| |
|
| |
|
77 | Credit and inducements |
| |
(1) | A condition attached to an operating licence by virtue of section 71, 73 or 74 |
| |
may, in particular, restrict or otherwise make provision about— |
| |
(a) | the giving of credit in connection with the licensed activities; |
| |
(b) | the making of offers designed to induce persons to participate, or to |
| 5 |
increase their participation, in the licensed activities; |
| |
(c) | participation in arrangements for inducing, permitting or assisting |
| |
| |
(2) | A non-remote casino operating licence or a non-remote bingo operating licence |
| |
shall by virtue of this subsection be subject to the condition that the licensee |
| 10 |
| |
(a) | give credit in connection with the licensed activities, or |
| |
(b) | participate in, arrange or knowingly facilitate the giving of credit in |
| |
connection with the licensed activities. |
| |
(3) | A licensee does not facilitate the giving of credit for the purposes of subsection |
| 15 |
(2)(b) by reason only of permitting a person “(the credit provider”) to conduct |
| |
financial business on the premises on which licensed activities are carried on, |
| |
| |
(a) | the licensee has no other commercial connection with the credit |
| |
provider in relation to the licensed activities, and |
| 20 |
(b) | the licensee neither makes nor receives any payment or reward |
| |
(whether by way of commission, rent or otherwise) in connection with |
| |
the permission or the financial business. |
| |
(4) | In this section “credit” includes— |
| |
(a) | any form of financial accommodation, and |
| 25 |
(b) | in particular, the acceptance by way of payment of a fee, charge or stake |
| |
| |
| |
(ii) | a cheque which is not post-dated and for which full value is |
| |
| 30 |
(iii) | a debit card payment which is not post-dated and for which full |
| |
| |
(5) | In subsection (4)(b)(iii) “debit card payment” means a payment— |
| |
(a) | debited against a person’s banking account, and |
| |
(b) | made by means of a card which is not a credit-token within the |
| 35 |
meaning of section 14 of the Consumer Credit Act 1974 (c. 39). |
| |
78 | Compliance with code of practice |
| |
(1) | An operating licence shall by virtue of this section be subject to the condition |
| |
that the licensee ensures compliance with any relevant social responsibility |
| |
provision of a code of practice issued under section 23. |
| 40 |
| |
(a) | the reference to a licensee includes a reference to anyone employed or |
| |
engaged by a licensee to perform an operational function within the |
| |
meaning of section 76, and |
| |
|
| |
|
| |
|
(b) | the reference to a social responsibility provision of a code is a reference |
| |
to a provision identified by a code as being included in pursuance of |
| |
| |
(3) | This section does not prevent compliance with a provision of a code, other than |
| |
a social responsibility provision, from being made the subject of a condition |
| 5 |
| |
79 | Return of stakes to children |
| |
(1) | An operating licence shall by virtue of this section be subject to the condition |
| |
that if the licensee becomes aware that a child or young person is using or has |
| |
used facilities provided in reliance on the licence, the licensee— |
| 10 |
(a) | must return any money paid in respect of the use of those facilities |
| |
(whether by way of fee, stake or otherwise) by the child or young |
| |
person as soon as is reasonably practicable, and |
| |
(b) | may not give a prize to the child or young person. |
| |
(2) | But subsection (1) does not apply to the use of a Category D gaming machine. |
| 15 |
(3) | The condition in subsection (1)— |
| |
(a) | shall have effect despite any contract or other agreement and despite |
| |
| |
(b) | shall not enable a licensee to demand repayment of, and shall not |
| |
require a child or young person to return, a prize paid before the |
| 20 |
licensee becomes aware that the participant is a child or young person. |
| |
| |
(a) | a reference to a licensee includes a reference to anyone employed or |
| |
engaged by a licensee to perform an operational function within the |
| |
meaning of section 76, and |
| 25 |
(b) | in relation to participation in a lottery or football pools a reference to a |
| |
child or young person shall be treated as a reference only to a child. |
| |
(5) | In this section “prize” includes both a prize provided by a person organising |
| |
gaming and winnings of money staked. |
| |
| 30 |
| |
(a) | may not include a condition (whether attached by virtue of section 71, |
| |
73 or 74) specifying premises on which the licensed activities may be |
| |
| |
(b) | may include a condition about— |
| 35 |
(i) | the number of sets of premises on which the licensed activities |
| |
| |
(ii) | the number of persons for whom facilities may be provided on |
| |
any premises where the licensed activities are carried on. |
| |
| 40 |
(1) | A condition attached to an operating licence by virtue of section 71, 73 or 74 |
| |
may make provision about equipment used in connection with the licensed |
| |
| |
|
| |
|
| |
|
(2) | In particular, a condition attached by virtue of this section may— |
| |
(a) | make provision about the number of pieces of equipment that may be |
| |
used to provide facilities for gambling; |
| |
(b) | make provision about the specification of equipment used to provide |
| |
| 5 |
(3) | For the purposes of this section “equipment” includes— |
| |
| |
(b) | a device for the playing of a casino game, and |
| |
(c) | any other piece of equipment. |
| |
(4) | But a gaming machine is not equipment for the purposes of this section. |
| 10 |
| |
An operating licence may not include a condition (whether attached by virtue |
| |
| |
(a) | about the number or categories of gaming machine that may be made |
| |
available for use in accordance with the licence, |
| 15 |
(b) | that contradicts a provision of regulations under section 220, 224 or 225, |
| |
| |
(c) | of a kind prohibited by regulations under any of those sections. |
| |
| |
An operating licence may not be subject to a condition (whether by virtue of |
| 20 |
| |
(a) | requiring facilities to be provided by, or used in the course of the |
| |
activities of, a club or other body with membership, or |
| |
(b) | restricting the provision or use of facilities wholly or partly by reference |
| |
to membership of a club or other body. |
| 25 |
Rules for particular kinds of licence |
| |
84 | Remote operating licence |
| |
(1) | This section applies to a remote operating licence. |
| |
(2) | A remote licence shall, by virtue of this subsection, be subject to the condition |
| |
that remote gambling equipment used by the licensee in connection with the |
| 30 |
licensed activities must be situated in Great Britain. |
| |
(3) | The Commission may establish, or provide for the establishment of, standards |
| |
| |
(a) | a system used for the generation of results in a virtual game, virtual |
| |
race or other virtual event or process used in the course of remote |
| 35 |
| |
(b) | any other aspect of the process of remote gambling. |
| |
(4) | In particular, the Commission may— |
| |
(a) | provide for the enforcement of standards by the attachment of |
| |
conditions under section 71 or 73; |
| 40 |
|
| |
|
| |
|
(b) | make arrangements with any person for the establishment of |
| |
| |
(c) | make arrangements with any person for the administration of tests of |
| |
compliance with standards; |
| |
(d) | for the purpose of considering whether a condition under section |
| 5 |
section 71 or 73 has been complied with, require the licensee under a |
| |
| |
(i) | to submit to a test in accordance with arrangements made under |
| |
| |
(ii) | to produce specified evidence of the result of the test; |
| 10 |
(e) | for the purpose of considering whether to grant an application under |
| |
this Part, require a licensee under a remote licence or an applicant for a |
| |
| |
(i) | to submit to a test in accordance with arrangements made under |
| |
| 15 |
(ii) | to produce specified evidence of the result of the test. |
| |
(5) | Standards established under subsection (4) may, in particular, be expressed— |
| |
(a) | by reference to the opinion of a specified person or class of persons; |
| |
(b) | by reference to a specified process or piece of equipment. |
| |
(6) | This section is without prejudice to the generality of sections 71, 73 and 74. |
| 20 |
85 | Casino operating licence |
| |
(1) | A casino operating licence may authorise a person to operate a casino in more |
| |
| |
(2) | A casino operating licence may be subject to a condition (whether imposed by |
| |
virtue of section 71, 73 or 74) restricting the class of casino game that may be |
| 25 |
| |
(3) | A casino operating licence may be subject to a condition imposed by virtue of |
| |
section 71 or 73 specifying rules for the playing of— |
| |
| |
(b) | another game of chance. |
| 30 |
86 | Bingo operating licence |
| |
(1) | Regulations under section 74 may provide for the attachment to a bingo |
| |
operating licence of a condition— |
| |
(a) | limiting amounts that may be staked; |
| |
(b) | limiting the amount that may be charged by way of participation fee; |
| 35 |
(c) | limiting the amount or value of a prize or class of prize; |
| |
(d) | requiring that at least a specified proportion of stakes be paid out by |
| |
| |
(e) | imposing requirements that are specific to games of bingo played on |
| |
more than one set of premises (whether facilities for the game are |
| 40 |
provided in accordance with one bingo operating licence or more than |
| |
| |
(2) | But subject to subsection (1) a bingo operating licence may not be subject to a |
| |
| |
(a) | limiting the amount that may be accepted or charged by way of stakes, |
| 45 |
|
| |
|