|
| |
|
(a) | the Commission’s decision, and |
| |
| |
(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 |
| |
97 | Application to vary licence |
| |
(1) | The holder of an operating licence may apply to the Commission to vary the |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(5) | An application for variation must (in addition to anything required by section |
| |
| 35 |
(a) | a statement of the variation sought, and |
| |
| |
(i) | the licence to be varied, or |
| |
(ii) | a statement explaining why it is not reasonably practicable to |
| |
| 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. |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(3) | A copy of a licence issued under this section shall be treated as if it were the |
| |
| |
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 |
| |
(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 |
| |
(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 |
| |
| |
| 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— |
| |
| |
(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. |
| |
| |
| 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 |
| |
| |
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)— |
| |
|
| |
|
| |
|
(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. |
| |
| 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. |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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); |
| |
| 45 |
|
| |
|
| |
|
(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. |
| |
| 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— |
| |
| |
(ii) | a written statement explaining why it is not reasonably |
| 15 |
practicable to produce the licence. |
| |
| |
(1) | In the case of an operating licence issued to an individual, the licence shall |
| |
| |
| 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— |
| |
| |
(b) | goes into liquidation (within the meaning of section 247(2) of the |
| 30 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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— |
| |
| |
(b) | a statement explaining why it is not reasonably practicable to produce |
| 5 |
| |
(5) | As soon as is reasonably practicable after making an order for forfeiture under |
| |
this section the court shall notify the Commission. |
| |
| |
| 10 |
(1) | The Commission may in relation to operating licences of a particular |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 25 |
(i) | suspects that the licensee may be unsuitable to carry on the |
| |
| |
(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 |
| |
(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 |
| |
| |
(a) | notify the licensee, and |
| 35 |
(b) | inform him of the procedure to be followed in the conduct of the |
| |
| |
(5) | In conducting a review of an operating licence under subsection (2) the |
| |
| |
(a) | shall give the licensee an opportunity to make representations, and |
| 40 |
(b) | may give other persons an opportunity to make representations. |
| |
| |
(1) | Following a review under section 109(1) or (2) the Commission may— |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 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). |
| |
| 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. |
| |
| |
(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. |
| |
|
| |
|