|
| |
|
| |
(1) | A direction under section 65(2)(c) or (f) (as applied by section 121) may, in |
| |
particular, require that an application— |
| |
(a) | be signed by the applicant’s employer; |
| |
(b) | contain or be accompanied by information provided by the applicant’s |
| 5 |
employer or relating to his employment. |
| |
(2) | The Commission may under section 69(1)(a) (as applied by section 121) require |
| |
an applicant to obtain information from his employer. |
| |
(3) | For the purposes of this section a reference to an applicant’s employer is a |
| |
reference to any person for whom the applicant, in the course of a business (but |
| 10 |
whether or not under a contract of employment)— |
| |
| |
(b) | has provided services, or |
| |
(c) | intends to provide services. |
| |
(4) | Neither this section nor any other provision of this Act shall be treated as |
| 15 |
preventing a person who is not employed from applying for a personal licence. |
| |
| |
A personal licence shall continue to have effect unless and until it ceases to |
| |
have effect in accordance with section 106, 107, 108 or 112 (as applied by section |
| |
| 20 |
| |
(1) | Section 93 shall not have effect in relation to personal licences. |
| |
(2) | The Secretary of State may make regulations requiring the holder of a personal |
| |
licence to pay to the Commission specified fees in respect of specified periods |
| |
during which the licence is held. |
| 25 |
(3) | Regulations under this section may, in particular, make different provision |
| |
| |
(a) | different kinds of licence, or |
| |
(b) | different circumstances. |
| |
(4) | In its application to this part by virtue of section 121, the reference in section |
| 30 |
112(3) to failure to pay an annual fee shall be construed as a reference to failure |
| |
to comply with regulations under this section. |
| |
| |
(1) | The Commission may not issue a personal licence to an individual who already |
| |
| 35 |
(2) | But a personal licence may authorise the performance of more than one |
| |
| |
|
| |
|
| |
|
127 | Production of licence |
| |
(1) | A constable or enforcement officer may under section 101 (as applied by |
| |
section 121) require the individual who holds a personal licence to produce the |
| |
| |
(a) | within a specified period, |
| 5 |
(b) | while the individual is carrying on a licensed activity, immediately, or |
| |
(c) | while the individual is on premises in respect of which a premises |
| |
licence has effect, immediately. |
| |
(2) | A licensee commits an offence if he fails without reasonable excuse to comply |
| |
with a requirement under subsection (1). |
| 10 |
(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. |
| |
| |
Section 109(1) shall not apply in relation to personal licences. |
| |
| 15 |
(1) | A court which may order the forfeiture of an individual’s personal licence |
| |
under section 108 (as applied by section 121) may, whether or not it makes an |
| |
order for forfeiture, make an order disqualifying the individual from holding |
| |
a personal licence for a specified period, not exceeding ten years, beginning |
| |
with the date of the order. |
| 20 |
(2) | The Commission shall not issue a personal licence to a person while a |
| |
disqualification order under this section has effect in respect of him. |
| |
(3) | Subsections (2) to (5) of section 108 shall have effect in relation to an order |
| |
under this section (and in relation to a licence held by the person disqualified) |
| |
as they have effect in relation to an order under that section (and in relation to |
| 25 |
| |
130 | Notification of operating licensee |
| |
(1) | This section applies where the Commission— |
| |
(a) | revokes a personal licence under section 112 (as applied by section 121), |
| |
(b) | is informed by a court of the making of a forfeiture order in respect of |
| 30 |
a personal licence under section 108 (as applied by section 121), or |
| |
(c) | is informed by a court of the making of a disqualification order under |
| |
| |
(2) | If the Commission believes that the holder of the personal licence, or the subject |
| |
of the disqualification order, is providing services to the holder of an operating |
| 35 |
licence in connection with the licensed activities, the Commission shall as soon |
| |
as is reasonably practicable notify the holder of the operating licence of the |
| |
matter specified in subsection (1). |
| |
| |
(1) | This section applies if the holder of a personal licence is convicted of a relevant |
| 40 |
offence by or before a court (whether inside or outside Great Britain). |
| |
|
| |
|
| |
|
(2) | The holder of any relevant operating licence shall notify the Commission of the |
| |
conviction, and of any sentence passed in respect of it, as soon as is reasonably |
| |
practicable after becoming aware of it. |
| |
(3) | A person commits an offence if he fails without reasonable excuse to comply |
| |
| 5 |
(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) | For the purposes of subsection (2) an operating licence is relevant if the holder |
| |
of the personal licence acts in connection with activities authorised by the |
| |
| 10 |
(6) | The duty under subsection (2) is in addition to any duty of the holder of the |
| |
personal licence under section 102 (as applied by section 121). |
| |
132 | Breach of personal licence condition |
| |
(1) | This section applies where— |
| |
(a) | a condition attached to an operating licence includes provision for a |
| 15 |
personal licence in accordance with section 76, |
| |
(b) | an individual who holds a personal licence under this Part acts in the |
| |
course of or in connection with any of the activities authorised by the |
| |
| |
(c) | the individual’s action is not in accordance with the terms and |
| 20 |
conditions of the personal licence. |
| |
(2) | The individual commits an offence. |
| |
(3) | The individual may be proceeded against for the offence under subsection (2) |
| |
whether or not the holder of the operating licence is proceeded against for an |
| |
offence under section 30 (by reason of a breach of the condition under section |
| 25 |
| |
(4) | An individual guilty of an offence under this section shall be liable on |
| |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| 30 |
| |
(5) | In the application of subsection (4) to Scotland the reference to 51 weeks shall |
| |
have effect as a reference to six months. |
| |
| |
Operating and Personal Licences: Appeals |
| 35 |
133 | The Gambling Appeals Tribunal |
| |
(1) | There shall be a tribunal to be known as the Gambling Appeals Tribunal. |
| |
(2) | Schedule 7 (which makes provision about the constitution and proceedings of |
| |
the Tribunal) shall have effect. |
| |
(3) | In this Part “the Tribunal” means the Gambling Appeals Tribunal. |
| 40 |
|
| |
|
| |
|
| |
(1) | Where the Commission determines an application under section 65 or 105 |
| |
(including either of those sections as applied by section 121) for the issue or |
| |
renewal of an operating licence or a personal licence, the applicant may appeal |
| |
| 5 |
(2) | Where the Commission attaches a condition to a licence under section 73 |
| |
(including that section as applied by section 121) the licensee may appeal to the |
| |
| |
(3) | Where the Commission determines an application under section 95(2)(b) the |
| |
applicant may appeal to the Tribunal. |
| 10 |
(4) | Where the Commission determines an application under section 97 (including |
| |
that section as applied by section 121) the applicant may appeal to the Tribunal. |
| |
(5) | Where the Commission takes action, or determines to take action, under |
| |
section 110 (including that section as applied by section 121) in respect of a |
| |
licence, the licensee may appeal to the Tribunal. |
| 15 |
(6) | Where the Commission takes action, or determines to take action, under |
| |
section 111 (including that section as applied by section 121) in respect of a |
| |
licence, the licensee may appeal to the Tribunal. |
| |
(7) | Where the Commission takes action, or determines to take action, under |
| |
section 112 (including that section as applied by section 121) in respect of a |
| 20 |
licence, the licensee may appeal to the Tribunal. |
| |
(8) | Where the Commission gives a notice imposing a penalty on a licensee under |
| |
section 114(4) (including that section as applied by section 121) the licensee |
| |
may appeal to the Tribunal. |
| |
| 25 |
(1) | An appeal under section 134 must be instituted before the end of the period of |
| |
one month beginning with the date of the decision or action appealed against. |
| |
(2) | But the Tribunal may permit an appeal to be instituted after the end of that |
| |
| |
| 30 |
(1) | A party to proceedings before the Tribunal under section 134 may appeal on a |
| |
| |
(a) | the High Court (where the Tribunal proceedings were held in England |
| |
| |
(b) | the Court of Session (where the Tribunal proceedings were held in |
| 35 |
| |
(2) | An appeal under this section may be brought only with the permission of— |
| |
| |
(b) | if the Tribunal refuses permission, the court referred to in subsection |
| |
| 40 |
|
| |
|