Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 5 — Operating Licences
45

(a)
the Commission’s decision, and
(b)
the reasons for it.
(5)
In giving a direction under section 95(3) the Commission shall have regard to
normal commercial practices in relation to the confidentiality of information.
(6)
Regulations under subsection (2) above may, in particular, provide for a
5
reduction of fee where the application is a result of—
(a)
the merger of more than one company, or
(b)
the division of a company.
(7)
Revocation of an operating licence under section 95 shall be treated for all
purposes (including the application of section 112) as revocation under section
10
112.
97
Application to vary licence
(1)
The holder of an operating licence may apply to the Commission to vary the
licence by—
(a)
adding, amending or removing a licensed activity,
15
(b)
amending another detail of the licence, or
(c)
adding, amending or removing a condition attached to the licence
under section 73.
(2)
A licence may not be varied under this section so as to authorise anyone other
than the person to whom it was issued to provide facilities for gambling.
20
(3)
The provisions of this Part shall apply in relation to an application for variation
as they apply in relation to an application for a licence—
(a)
subject to the provisions of this section, and
(b)
with any other necessary modifications.
(4)
Regulations under this Part which relate to an application for an operating
25
licence may make—
(a)
provision which applies only in the case of an application for variation;
(b)
provision which does not apply in the case of an application for
variation;
(c)
different provision in relation to an application for variation from that
30
made in relation to an application for an operating licence;
(d)
different provision in relation to applications for variations of different
kinds.
(5)
An application for variation must (in addition to anything required by section
65) be accompanied by—
35
(a)
a statement of the variation sought, and
(b)
either—
(i)
the licence to be varied, or
(ii)
a statement explaining why it is not reasonably practicable to
produce the licence.
40
(6)
In granting an application for variation the Commission—
(a)
shall specify a time when the variation shall begin to have effect, and
(b)
may make transitional provision.

Gambling Bill
Part 5 — Operating Licences
46

98
Amendment
(1)
The Commission may require the holder of an operating licence to submit it to
the Commission for the purpose of amendment to reflect—
(a)
a general variation of conditions under section 71,
(b)
a change notified under section 94,
5
(c)
the grant of an application for variation under section 97,
(d)
the attachment of an additional condition, or the amendment of a
condition, under section 110,
(e)
the grant of an application for renewal under section 105, or
(f)
anything done in relation to a personal licence under Part 6.
10
(2)
A licensee shall comply with a requirement under subsection (1) within the
period of 14 days beginning with the day on which he receives notice of the
requirement.
(3)
A person commits an offence if he fails without reasonable excuse to comply
with a requirement imposed under subsection (1).
15
(4)
A person guilty of an offence under subsection (3) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(5)
Subsection (1)(a) is without prejudice to section 72(4)(c).
99
Register of operating licences
(1)
The Commission shall—
20
(a)
maintain a register of operating licences containing such details of and
relating to each licence as the Commission thinks appropriate,
(b)
make the register available for inspection by members of the public at
all reasonable times, and
(c)
make arrangements for the provision of a copy of an entry in the
25
register to a member of the public on request.
(2)
The Commission may refuse to provide access to the register or to provide a
copy of an entry unless the person seeking access or a copy pays a fee specified
by the Commission.
(3)
The Commission may not specify a fee under subsection (2) which exceeds the
30
reasonable cost of providing the service sought (but in calculating the cost of
providing a service to a person the Commission may include a reasonable
share of expenditure which is referable only indirectly to the provision of that
service).
100
Copy of licence
35
(1)
The Commission may make arrangements to issue to a licensee on request a
copy of an operating licence which has been lost, stolen or damaged.
(2)
The arrangements may, in particular, include a requirement—
(a)
for the payment of a fee not exceeding such sum as may be prescribed
for the purposes of this subsection by the Secretary of State by
40
regulations;
(b)
in the case of a licence being lost or stolen, that the licensee has
complied with specified arrangements for reporting the loss or theft to
the police.

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Part 5 — Operating Licences
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(3)
A copy of a licence issued under this section shall be treated as if it were the
licence.
101
Production of licence
(1)
A constable or enforcement officer may require the holder of an operating
licence to produce it to the constable or enforcement officer within a specified
5
period.
(2)
A licensee commits an offence if he fails without reasonable excuse to comply
with a requirement under subsection (1).
(3)
A person guilty of an offence under subsection (2) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
10
102
Conviction
(1)
If the holder of an operating licence is convicted of an offence by or before a
court in Great Britain he shall as soon as is reasonably practicable notify the
Commission of—
(a)
his conviction, and
15
(b)
any sentence passed in respect of it.
(2)
If the holder of an operating licence is convicted of a relevant offence by or
before a court in Great Britain he shall immediately inform the court that he is
the holder of an operating licence.
(3)
If the holder of an operating licence is convicted of a relevant offence by or
20
before a court outside Great Britain he shall as soon as is reasonably practicable
notify the Commission of—
(a)
his conviction, and
(b)
any sentence passed in respect of it.
(4)
A person commits an offence if he fails without reasonable excuse to comply
25
with any of subsections (1) to (3).
(5)
A person guilty of an offence under subsection (4) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
Duration
103
Indefinite duration
30
An operating licence shall continue to have effect unless and until it ceases to
have effect in accordance with—
(a)
a determination under section 104, or
(b)
section 106, 107, 108, 111 or 112.
104
Power to limit duration
35
(1)
The Commission may determine that operating licences, or a specified class of
operating licence, shall cease to have effect at the end of a specified period
(unless terminated earlier in accordance with section 106, 107, 108 or 112).
(2)
The period specified under subsection (1)—

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Part 5 — Operating Licences
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(a)
in the case of an operating licence issued after the determination, must
begin with the date on which the licence is issued, and
(b)
in the case of an operating licence issued before the determination,
must begin with the date of the determination.
(3)
The Commission—
5
(a)
may determine different periods under subsection (1) for operating
licences authorising different classes of activity (but may not otherwise
determine different periods for different licences), and
(b)
may alter a determination under subsection (1) (but an alteration shall
have effect only in relation to licences issued after the alteration).
10
(4)
The Commission shall publish any determination under subsection (1) as part
of a statement (or revised statement) under section 22.
105
Renewal of licence
(1)
Where an operating licence is subject to a determination under section 104, the
licensee may apply to the Commission for renewal of the licence.
15
(2)
The provisions of this Part shall apply in relation to an application for renewal
as they apply in relation to an application for a licence—
(a)
subject to the provisions of this section, and
(b)
with any other necessary modifications.
(3)
An application for renewal of an operating licence may be made only during
20
the period which—
(a)
begins three months before the date on which the licence would
otherwise expire by virtue of section 104, and
(b)
ends one month before the date on which the licence would otherwise
expire by virtue of that section.
25
(4)
Where an application for renewal of an operating licence is awaiting
determination on the date when it would expire by virtue of section 104, the
licence shall continue to have effect by virtue of this subsection until the
application is determined (unless it ceases to have effect by virtue of section
106, 107, 108, 111 or 112).
30
(5)
A direction or regulations under this Part which relate to an application for an
operating licence may make—
(a)
provision which applies only in the case of an application for renewal;
(b)
provision which does not apply in the case of an application for
renewal;
35
(c)
different provision in relation to an application for renewal from that
made in relation to an application for an operating licence.
(6)
An application for renewal must (in addition to anything required by section
65) be accompanied by—
(a)
the licence to be renewed, or
40
(b)
a statement explaining why it is not reasonably practicable to submit
the licence to be renewed.
(7)
The Commission shall determine the period during which a renewed
operating licence is to have effect (subject to sections 106, 107, 108, 111 and 112);
and the Commission—
45

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Part 5 — Operating Licences
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(a)
may determine different periods for operating licences authorising
different classes of activity (but may not otherwise determine different
periods for different licences),
(b)
may alter a determination (but an alteration shall have effect only in
relation to licences issued after the alteration), and
5
(c)
shall publish any determination under this subsection as part of a
statement (or revised statement) under section 22.
(8)
The Secretary of State may by order amend subsection (3) so as to substitute a
different time for a time specified.
106
Surrender
10
An operating licence shall cease to have effect if the licensee—
(a)
notifies the Commission of his intention to surrender the licence, and
(b)
gives the Commission either—
(i)
the licence, or
(ii)
a written statement explaining why it is not reasonably
15
practicable to produce the licence.
107
Lapse
(1)
In the case of an operating licence issued to an individual, the licence shall
lapse if—
(a)
the licensee dies,
20
(b)
the licensee becomes, in the opinion of the Commission as notified to
the licensee, incapable of carrying on the licensed activities by reason of
mental or physical incapacity,
(c)
the licensee becomes bankrupt (within the meaning of section 381 of the
Insolvency Act 1986 (c. 45)), or
25
(d)
sequestration of the licensee’s estate is awarded under section 12(1) of
the Bankruptcy (Scotland) Act 1985 (c. 66).
(2)
In any other case an operating licence shall lapse if the licensee—
(a)
ceases to exist, or
(b)
goes into liquidation (within the meaning of section 247(2) of the
30
Insolvency Act 1986.
108
Forfeiture
(1)
Where the holder of an operating licence is convicted of a relevant offence by
or before a court in Great Britain the court may order forfeiture of the licence.
(2)
Forfeiture under this section shall be on such terms (which may include terms
35
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.
40
(3)
Subject to any express provision made under subsection (2), an operating
licence shall cease to have effect on the making of a forfeiture order under
subsection (1).

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(4)
The terms on which a forfeiture order is made under this section shall, in
particular, include a requirement that the licensee deliver to the Commission,
within such time as the order may specify—
(a)
the licence, or
(b)
a statement explaining why it is not reasonably practicable to produce
5
the licence.
(5)
As soon as is reasonably practicable after making an order for forfeiture under
this section the court shall notify the Commission.
Regulation
109
Review
10
(1)
The Commission may in relation to operating licences of a particular
description review—
(a)
the manner in which licensees carry on licensed activities, and
(b)
in particular, arrangements made by licensees to ensure compliance
with conditions attached under section 71, 73 or 74.
15
(2)
The Commission may review any matter connected with the provision of
facilities for gambling as authorised by an operating licence if the
Commission—
(a)
has reason to suspect that activities may have been carried on in
purported reliance on the licence but not in accordance with a condition
20
of the licence,
(b)
believes that the licensee, or a person who exercises a function in
connection with or is interested in the licensed activities, has acquired
a conviction of a kind mentioned in section 67(1), or
(c)
for any reason—
25
(i)
suspects that the licensee may be unsuitable to carry on the
licensed activities, or
(ii)
thinks that a review would be appropriate.
(3)
For the purposes of subsection (2)(c) a reason—
(a)
may, in particular, relate to the receipt of a complaint about the
30
licensee’s activities;
(b)
need not relate to any suspicion or belief about the licensee’s activities.
(4)
Before commencing a review of an operating licence under subsection (2) the
Commission shall—
(a)
notify the licensee, and
35
(b)
inform him of the procedure to be followed in the conduct of the
review.
(5)
In conducting a review of an operating licence under subsection (2) the
Commission—
(a)
shall give the licensee an opportunity to make representations, and
40
(b)
may give other persons an opportunity to make representations.
110
Regulatory powers
(1)
Following a review under section 109(1) or (2) the Commission may—

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Part 5 — Operating Licences
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(a)
give the holder of an operating licence a warning;
(b)
attach an additional condition to a licence under section 73;
(c)
remove or amend a condition attached to a licence under section 73;
(d)
exercise the power under section 111 to suspend a licence;
(e)
exercise the power under section 112 to revoke a licence;
5
(f)
exercise the power under section 114 to impose a penalty.
(2)
Where the Commission determines to take action under subsection (1) in
respect of a licence it shall as soon as is reasonably practicable notify the
licensee of—
(a)
the action, and
10
(b)
the Commission’s reasons.
(3)
In determining what action to take under subsection (1) following a review the
Commission may have regard to a warning under that subsection given to the
licensee following an earlier review (whether or not of that licence).
111
Suspension
15
(1)
The Commission may suspend an operating licence if following a review
under section 109(1) or (2) the Commission thinks that any of the conditions
specified in section 113(1) applies.
(2)
The Commission may suspend an operating licence if at the time of deciding to
conduct a review under section 109(1) or (2), or at any time during the course
20
of a review, the Commission suspects that any of the conditions specified in
section 113(1) may apply.
(3)
The Commission may suspend an operating licence if it thinks that any of the
conditions specified in section 113(2) applies.
(4)
Where the Commission suspends an operating licence it—
25
(a)
shall specify the time when the suspension takes effect,
(b)
shall specify either—
(i)
a period for which the suspension shall last (which is without
prejudice to the re-exercise of the power under subsection (1) on
or after the expiry of that period), or
30
(ii)
that the suspension shall last until some specified event occurs
(which may be the giving of a notice by the Commission), and
(c)
may make saving or transitional provision (which may, in particular,
provide for a licence to continue to have effect in relation to a gaming
machine supplied, or another thing done, before the time when the
35
suspension takes effect for other purposes).
(5)
An operating licence shall have no effect in respect of anything done while it is
suspended under this section.
112
Revocation
(1)
The Commission may revoke an operating licence if following a review under
40
section 109(1) or (2) the Commission thinks that any of the conditions specified
in section 113(1) applies.
(2)
The Commission may revoke an operating licence if it thinks that any of the
conditions specified in section 113(2) applies.