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(1) | On an appeal under section 134 against a decision or action taken by the |
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Commission the Tribunal may— |
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(a) | affirm the Commission’s decision or action; |
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(b) | quash the Commission’s decision or action in whole or in part; |
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(c) | substitute for all or part of the Commission’s decision or action another |
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decision or action of a kind that the Commission could have taken; |
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(d) | add to the Commission’s decision or action a decision or action of a |
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kind that the Commission could have taken; |
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(e) | remit a matter to the Commission (generally, or for determination in |
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accordance with a finding made or direction given by the Tribunal). |
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(2) | In determining an appeal instituted out of time under section 135(2) or |
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following a direction under section 138(2) the Tribunal may, in addition to the |
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matters specified in subsection (1) above, make any order that it thinks |
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(3) | In determining an appeal the Tribunal shall have regard to any relevant |
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provision of a code of practice issued by the Commission under section 23. |
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(4) | In determining an appeal the Tribunal may take account of evidence which |
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was not available to the Commission. |
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(5) | Section 134 applies to a decision or action of the Commission following remittal |
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under subsection (1)(e) above. |
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(1) | A decision or other action under Part 5 or 6 shall have no effect while an appeal |
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(a) | could be brought (ignoring the possibility of an appeal out of time |
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under section 135(2)), or |
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(b) | has been brought and has not yet been either finally determined or |
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(2) | But when making a decision or taking other action under Part 5 or 6 the |
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Commission may direct that subsection (1) shall not apply. |
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(1) | The Lord Chancellor may make rules— |
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(a) | regulating the exercise of a right of appeal to the Tribunal; |
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(b) | about practice and procedure in relation to proceedings before the |
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(2) | Rules under this section may, in particular, specify that a class of person is or |
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is not to be treated as a party to proceedings before the Tribunal— |
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(a) | for the purpose of section 136(1); |
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(b) | for another specified purpose. |
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(3) | Rules under this section may, in particular, provide— |
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(a) | that a person commits an offence if without reasonable excuse he fails |
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to comply with a requirement of a specified kind imposed by or in |
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accordance with the rules, and |
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|
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(b) | that a person guilty of the offence shall be liable on summary conviction |
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to a fine not exceeding level 3 on the standard scale. |
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(1) | The Lord Chancellor may by regulations provide for a fee to be charged for |
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bringing an appeal to the Tribunal. |
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(2) | The regulations may, in particular— |
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(a) | provide for different fees to be charged for different classes of case or in |
| |
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(b) | enable the Tribunal to reduce or waive a fee having regard to an |
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appellant’s circumstances. |
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(1) | The Lord Chancellor may by regulations establish a scheme for the provision |
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of legal assistance to appellants to the Tribunal. |
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(2) | Regulations under subsection (1) may, in particular— |
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(a) | specify the kinds of assistance that may be provided; |
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(b) | specify the classes of person by whom assistance may be provided; |
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(c) | make provision about applications to the Tribunal for assistance; |
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(d) | require, or enable the Tribunal to require, the provision of information |
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by an applicant for assistance; |
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(e) | enable the Tribunal to determine eligibility for assistance by reference |
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to criteria specified in the regulations; |
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(f) | make provision for an appeal against refusal of assistance; |
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(g) | enable assistance to be granted subject to conditions or restrictions |
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imposed by the Tribunal (which may, in particular, include conditions |
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(i) | a person receiving assistance to contribute towards its cost; |
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(ii) | a person who received assistance to defray all or part of its cost |
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in specified circumstances); |
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(h) | enable the Tribunal to vary or revoke a decision that assistance should |
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(i) | include provision for enforcement of a duty of payment arising under |
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the regulations (which may, in particular, confer jurisdiction on a |
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(3) | Regulations under subsection (1) may, in particular, apply generally or only— |
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(a) | in relation to specified kinds of appeal; |
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(b) | in specified circumstances. |
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(4) | The Lord Chancellor shall defray the costs of assistance provided under the scheme |
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(subject to subsection (2)(g)). |
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(5) | Regulations under this section shall have no effect in relation to proceedings |
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heard or to be heard by the Tribunal sitting in Scotland. |
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(1) | A premises licence is a licence which states that it authorises premises to be |
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(a) | the operation of a casino (a “casino premises licence”), |
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(b) | the provision of facilities for the playing of bingo (a “bingo premises |
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(c) | making Category B gaming machines available for use (an “adult |
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gaming centre premises licence”), |
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(d) | making Category C gaming machines available for use (a “family |
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entertainment centre premises licence”), or |
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(e) | the provision of facilities for betting, whether by making or accepting |
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bets, by acting as a betting intermediary or by providing other facilities |
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for the making or accepting of bets (a “betting premises licence”). |
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(2) | A casino premises licence is— |
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(a) | a “regional casino premises licence” if it relates to a regional casino, |
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(b) | a “large casino premises licence” if it relates to a large casino, and |
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(c) | a “small casino premises licence” if it relates to a small casino. |
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(3) | Neither a premises licence nor any provision of this Part disapplies or provides |
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a defence to the offence under section 30. |
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(1) | A premises licence must— |
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(a) | specify the name of the person to whom it is issued, |
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(b) | specify a home or business address of that person, |
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(c) | specify the premises to which it relates, |
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(d) | specify the activities for which it authorises the premises to be used, |
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(e) | specify any condition attached by the licensing authority under section |
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(f) | specify any exclusion of a default condition effected by the licensing |
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authority under section 160(1)(b), |
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(g) | include a plan of the premises, and |
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(h) | if a period is prescribed under section 177 at the end of which the |
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licence will expire (unless renewed or terminated earlier), specify the |
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(2) | The Secretary of State may make regulations about— |
| |
(a) | the form of a premises licence, and |
| |
(b) | the content of a premises licence (which may, in particular, require the |
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inclusion of information about mandatory conditions, default |
| 40 |
conditions or conditions attached to the licence by virtue of a provision |
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|
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(3) | In relation to a premises licence issued in Scotland, subsection (2) shall have |
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effect as if the reference to the Secretary of State were a reference to the Scottish |
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144 | Combined licence, &c. |
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(a) | may not authorise the use of premises for activities of more than one of |
| |
the kinds specified in section 142(a) to (e) (subject to sections 163 to 165 |
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and subsection (2) below), and |
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(b) | may not be issued in respect of premises if a premises licence already |
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has effect in relation to the premises (subject to subsection (3)). |
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(2) | Subsection (1)(a) does not apply in the case of a track. |
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(3) | More than one premises licence may have effect in relation to a track provided |
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(a) | each licence relates to a specified area of the track, and |
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(b) | not more than one premises licence has effect in relation to any area of |
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(4) | If a person applies for a premises licence in respect of an area of a track (“a |
| |
subsidiary licence”) and a premises licence already has effect in respect of the |
| |
whole track or a part of the track that includes that area (“the main licence”)— |
| |
(a) | the application for the subsidiary licence must be accompanied by an |
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application under section 173 to vary the main licence so that it does not |
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have effect in relation to the area to which the subsidiary licence is to |
| |
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(b) | the application for the subsidiary licence may be granted only after, or |
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together with, the grant of the application for variation. |
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Licensing authorities’ functions |
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145 | Principles to be applied |
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(1) | In exercising their functions under this Part a licensing authority shall aim to |
| |
permit the use of premises for gambling in so far as the authority think it— |
| |
(a) | in accordance with any relevant code of practice under section 23, |
| 30 |
(b) | in accordance with any relevant guidance issued by the Commission |
| |
| |
(c) | reasonably consistent with the licensing objectives (subject to |
| |
paragraphs (a) and (b)), and |
| |
(d) | in accordance with the statement published by the authority under |
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section 327 (subject to paragraphs (a) to (c)). |
| |
(2) | In determining whether to grant a premises licence a licensing authority may |
| |
not have regard to the expected demand for the facilities which it is proposed |
| |
| |
(3) | This section is subject to section 157. |
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