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Session 2004 - 05
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Gambling Bill


Gambling Bill
Part 7 — Operating and Personal Licences: Appeals

61

 

137     

Powers of Tribunal

(1)   

On an appeal under section 134 against a decision or action taken by the

Commission the Tribunal may—

(a)   

affirm the Commission’s decision or action;

(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

decision or action of a kind that the Commission could have taken;

(d)   

add to the Commission’s decision or action a decision or action of a

kind that the Commission could have taken;

(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).

(2)   

In determining an appeal instituted out of time under section 135(2) or

following a direction under section 138(2) the Tribunal may, in addition to the

matters specified in subsection (1) above, make any order that it thinks

appropriate.

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(3)   

In determining an appeal the Tribunal shall have regard to any relevant

provision of a code of practice issued by the Commission under section 23.

(4)   

In determining an appeal the Tribunal may take account of evidence which

was not available to the Commission.

(5)   

Section 134 applies to a decision or action of the Commission following remittal

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under subsection (1)(e) above.

138     

Stay pending appeal

(1)   

A decision or other action under Part 5 or 6 shall have no effect while an appeal

under section 134

(a)   

could be brought (ignoring the possibility of an appeal out of time

25

under section 135(2)), or

(b)   

has been brought and has not yet been either finally determined or

abandoned.

(2)   

But when making a decision or taking other action under Part 5 or 6 the

Commission may direct that subsection (1) shall not apply.

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139     

Rules

(1)   

The Lord Chancellor may make rules—

(a)   

regulating the exercise of a right of appeal to the Tribunal;

(b)   

about practice and procedure in relation to proceedings before the

Tribunal.

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(2)   

Rules under this section may, in particular, specify that a class of person is or

is not to be treated as a party to proceedings before the Tribunal—

(a)   

for the purpose of section 136(1);

(b)   

for another specified purpose.

(3)   

Rules under this section may, in particular, provide—

40

(a)   

that a person commits an offence if without reasonable excuse he fails

to comply with a requirement of a specified kind imposed by or in

accordance with the rules, and

 
 

Gambling Bill
Part 7 — Operating and Personal Licences: Appeals

62

 

(b)   

that a person guilty of the offence shall be liable on summary conviction

to a fine not exceeding level 3 on the standard scale.

140     

Fees

(1)   

The Lord Chancellor may by regulations provide for a fee to be charged for

bringing an appeal to the Tribunal.

5

(2)   

The regulations may, in particular—

(a)   

provide for different fees to be charged for different classes of case or in

different circumstances;

(b)   

enable the Tribunal to reduce or waive a fee having regard to an

appellant’s circumstances.

10

141     

Legal assistance

(1)   

The Lord Chancellor may by regulations establish a scheme for the provision

of legal assistance to appellants to the Tribunal.

(2)   

Regulations under subsection (1) may, in particular—

(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;

(c)   

make provision about applications to the Tribunal for assistance;

(d)   

require, or enable the Tribunal to require, the provision of information

by an applicant for assistance;

(e)   

enable the Tribunal to determine eligibility for assistance by reference

20

to criteria specified in the regulations;

(f)   

make provision for an appeal against refusal of assistance;

(g)   

enable assistance to be granted subject to conditions or restrictions

imposed by the Tribunal (which may, in particular, include conditions

requiring—

25

(i)   

a person receiving assistance to contribute towards its cost;

(ii)   

a person who received assistance to defray all or part of its cost

in specified circumstances);

(h)   

enable the Tribunal to vary or revoke a decision that assistance should

be provided;

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(i)   

include provision for enforcement of a duty of payment arising under

the regulations (which may, in particular, confer jurisdiction on a

court).

(3)   

Regulations under subsection (1) may, in particular, apply generally or only—

(a)   

in relation to specified kinds of appeal;

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(b)   

in specified circumstances.

(4)   

The Lord Chancellor shall defray the costs of assistance provided under the scheme

(subject to subsection (2)(g)).

(5)   

Regulations under this section shall have no effect in relation to proceedings

heard or to be heard by the Tribunal sitting in Scotland.

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Gambling Bill
Part 8 — Premises Licences

63

 

Part 8

Premises Licences

The licence

142     

Nature of licence

(1)   

A premises licence is a licence which states that it authorises premises to be

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used for—

(a)   

the operation of a casino (a “casino premises licence”),

(b)   

the provision of facilities for the playing of bingo (a “bingo premises

licence”),

(c)   

making Category B gaming machines available for use (an “adult

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gaming centre premises licence”),

(d)   

making Category C gaming machines available for use (a “family

entertainment centre premises licence”), or

(e)   

the provision of facilities for betting, whether by making or accepting

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”).

(2)   

A casino premises licence is—

(a)   

a “regional casino premises licence” if it relates to a regional casino,

(b)   

a “large casino premises licence” if it relates to a large casino, and

(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

a defence to the offence under section 30.

143     

Form of licence

(1)   

A premises licence must—

(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,

(c)   

specify the premises to which it relates,

(d)   

specify the activities for which it authorises the premises to be used,

(e)   

specify any condition attached by the licensing authority under section

160(1)(a),

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(f)   

specify any exclusion of a default condition effected by the licensing

authority under section 160(1)(b),

(g)   

include a plan of the premises, and

(h)   

if a period is prescribed under section 177 at the end of which the

licence will expire (unless renewed or terminated earlier), specify the

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period.

(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

inclusion of information about mandatory conditions, default

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conditions or conditions attached to the licence by virtue of a provision

of this Part).

 
 

Gambling Bill
Part 8 — Premises Licences

64

 

(3)   

In relation to a premises licence issued in Scotland, subsection (2) shall have

effect as if the reference to the Secretary of State were a reference to the Scottish

Ministers.

144     

Combined licence, &c.

(1)   

A premises licence—

5

(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

and subsection (2) below), and

(b)   

may not be issued in respect of premises if a premises licence already

has effect in relation to the premises (subject to subsection (3)).

10

(2)   

Subsection (1)(a) does not apply in the case of a track.

(3)   

More than one premises licence may have effect in relation to a track provided

that—

(a)   

each licence relates to a specified area of the track, and

(b)   

not more than one premises licence has effect in relation to any area of

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the track.

(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

have effect in relation to the area to which the subsidiary licence is to

relate, and

(b)   

the application for the subsidiary licence may be granted only after, or

together with, the grant of the application for variation.

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Licensing authorities’ functions

145     

Principles to be applied

(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,

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(b)   

in accordance with any relevant guidance issued by the Commission

under section 24,

(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

to provide.

(3)   

This section is subject to section 157.

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Revised 25 November 2004