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Session 2004 - 05
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Gambling Bill


Gambling Bill
Part 6 — Personal Licences

57

 

123     

Application

(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

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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)—

(a)   

provides services,

(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

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preventing a person who is not employed from applying for a personal licence.

124     

Duration

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

121).

20

125     

Fees

(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.

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(3)   

Regulations under this section may, in particular, make different provision

for—

(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.

126     

Multiple licences

(1)   

The Commission may not issue a personal licence to an individual who already

holds one.

35

(2)   

But a personal licence may authorise the performance of more than one

function.

 
 

Gambling Bill
Part 6 — Personal Licences

58

 

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

licence—

(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.

128     

Review

Section 109(1) shall not apply in relation to personal licences.

129     

Disqualification

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

the licence forfeited).

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

section 129.

(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).

131     

Conviction

(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).

 
 

Gambling Bill
Part 7 — Operating and Personal Licences: Appeals

59

 

(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

with subsection (2).

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

operating licence.

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

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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

operating licence, and

(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

76).

(4)   

An individual guilty of an offence under this section shall be liable on

summary conviction to—

(a)   

imprisonment for a term not exceeding 51 weeks,

(b)   

a fine not exceeding level 5 on the standard scale, or

30

(c)   

both.

(5)   

In the application of subsection (4) to Scotland the reference to 51 weeks shall

have effect as a reference to six months.

Part 7

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

 
 

Gambling Bill
Part 7 — Operating and Personal Licences: Appeals

60

 

134     

Appeal to Tribunal

(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

to the Tribunal.

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

Tribunal.

(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.

135     

Timing

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

period.

136     

Appeal from Tribunal

30

(1)   

A party to proceedings before the Tribunal under section 134 may appeal on a

point of law to—

(a)   

the High Court (where the Tribunal proceedings were held in England

or Wales), or

(b)   

the Court of Session (where the Tribunal proceedings were held in

35

Scotland).

(2)   

An appeal under this section may be brought only with the permission of—

(a)   

the Tribunal, or

(b)   

if the Tribunal refuses permission, the court referred to in subsection

(1).

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Revised 25 November 2004