Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 8 — Premises Licences
79

174
Transfer
(1)
A person may apply to a licensing authority for a premises licence to be
transferred to him.
(2)
The provisions of this Part shall apply in relation to an application for transfer
as they apply in relation to an application for a premises licence—
5
(a)
subject to the provisions of this section and section 175, and
(b)
with any other necessary modifications.
(3)
An application for transfer must (in addition to anything required by section
150)—
(a)
specify the time when the transfer is to take effect, and
10
(b)
be accompanied by a written statement by the licensee consenting to
the transfer.
(4)
A licensing authority shall grant an application for transfer unless they think it
would be wrong to do so having regard to representations made under section
152 (as applied by subsection (2) above).
15
(5)
On the grant of an application for the transfer of a premises licence the
licensing authority—
(a)
shall alter the licence so that the applicant for the transfer becomes the
licensee,
(b)
shall specify in the licence the time when the transfer takes effect (being
20
either the time specified in the application under subsection (3) above
or, if later, the time when the application is granted), and
(c)
shall make such other alteration of the licence as appears to them to be
required (which may, in particular, include an alteration to reflect a
decision of the authority under section 160 as applied by subsection (2)
25
above to make new or varied provision for the attachment or exclusion
of conditions).
175
Transfer: supplemental
(1)
If an application for transfer under section 174 states that the applicant has
failed to contact the licensee having taken all reasonable steps to do so, the
30
licensing authority shall—
(a)
disapply section 174(3)(b) and take all reasonable steps to notify the
licensee, or
(b)
determine not to disapply section 174(3)(b) and notify the applicant of
their determination and the reasons for it.
35
(2)
An application for transfer must (in addition to anything required by section
150) be accompanied by—
(a)
the licence, or
(b)
both—
(i)
a statement explaining why it is not reasonably practicable to
40
produce the licence, and
(ii)
an application by the licensee under section 176 for the issue of
a copy of the licence.
(3)
In relation to an application for transfer to which subsection (1) applies, for the
purposes of any application under section 176 required in accordance with
45
subsection (2)(b)(ii) above—

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Part 8 — Premises Licences
80

(a)
the application under that section shall be made by the applicant for
transfer, and
(b)
a reference to the licence being lost, stolen or damaged shall be treated
as a reference to the licence being unavailable to the applicant for
transfer.
5
(4)
Regulations under section 151, as they have effect in relation to applications for
transfer by virtue of section 174(2), may require notice to be given to specified
responsible authorities (and not to all responsible authorities).
(5)
Section 152 shall have effect in relation to an application for transfer with the
omission of the reference to interested parties.
10
(6)
If an application for the transfer of a premises licence includes a request that
this subsection apply, the licence shall have effect as if the applicant for transfer
were the licensee during the period—
(a)
beginning with the receipt of the application for transfer by the
licensing authority, and
15
(b)
ending with the determination of the application by the licensing
authority.
176
Copy of licence
(1)
Where a premises licence issued, or a summary given, under section 155 is lost,
stolen or damaged, the licensee may apply to the licensing authority for a copy.
20
(2)
An application under subsection (1) must be accompanied by the prescribed
fee.
(3)
A licensing authority shall consider an application under this section as soon
as is reasonably practicable and shall grant it if satisfied—
(a)
that the licence or summary to which the application relates has been
25
lost, stolen or damaged, and
(b)
where the licence or summary has been lost or stolen, that the loss or
theft has been reported to the police.
(4)
As soon as is reasonably practicable after granting an application under this
section a licensing authority shall issue a copy of the licence or summary to the
30
applicant—
(a)
certified by the authority as a true copy, and
(b)
in, or in relation to, the form in which the licence had effect before the
loss, theft or damage.
(5)
A copy of a licence or summary issued under this section shall be treated as if
35
it were the licence or summary.
Duration
177
Initial duration
(1)
The Secretary of State may by regulations prescribe a period at the end of
which premises licences expire (unless they cease to have effect earlier in
40
accordance with a provision of this Part).

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(2)
Regulations under this section may make provision about renewal (and may,
in particular, apply or make provision similar to any provision of this Part
about an application for a premises licence).
(3)
Regulations under this section may make provision which applies to licences
issued before the regulations are made.
5
(4)
If the Secretary of State does not prescribe a period under this section in respect
of a premises licence, it shall continue to have effect unless and until it ceases
to have effect in accordance with a provision of this Part.
178
Surrender
(1)
A premises licence shall cease to have effect if the licensee—
10
(a)
notifies the licensing authority of his intention to surrender the licence,
and
(b)
gives the licensing authority either—
(i)
the licence, or
(ii)
a written statement explaining why it is not reasonably
15
practicable to produce the licence.
(2)
As soon as is reasonably practicable after receipt of notification under
subsection (1)(a) the licensing authority shall notify—
(a)
the Commission,
(b)
either—
20
(i)
in England and Wales, the chief officer of police for any area in
which the premises are wholly or partly situated, or
(ii)
in Scotland, the chief constable of the police force maintained
for a police area in which the premises are wholly or partly
situated, and
25
(c)
Her Majesty’s Commissioners of Customs and Excise.
179
Revocation for failure to pay fee
(1)
Where the holder of a premises licence fails to pay the annual fee in accordance
with regulations under section 170 the licensing authority shall revoke the
licence.
30
(2)
But the licensing authority may disapply subsection (1) if they think that a
failure to pay is attributable to administrative error.
180
Lapse
(1)
In the case of a premises licence issued to an individual, the licence shall lapse
if—
35
(a)
the licensee dies,
(b)
the licensee becomes, in the opinion of the licensing authority 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
40
Insolvency Act 1986 (c. 45)), or
(d)
sequestration of the licensee’s estate is awarded under section 12(1) of
the Bankruptcy (Scotland) Act 1985 (c. 66).

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(2)
In any other case a premises licence shall lapse if the licensee—
(a)
ceases to exist, or
(b)
goes into liquidation (within the meaning of section 247(2) of the
Insolvency Act 1986 (c. 45)).
(3)
If a licensing authority become aware that a premises licence issued by them
5
has lapsed, they shall as soon as is reasonably practicable notify—
(a)
the Commission,
(b)
either—
(i)
in England and Wales, the chief officer of police for any area in
which the premises are wholly or partly situated, or
10
(ii)
in Scotland, the chief constable of the police force maintained
for a police area in which the premises are wholly or partly
situated, and
(c)
Her Majesty’s Commissioners of Customs and Excise.
181
Reinstatement
15
(1)
This section applies where a premises licence lapses under section 180.
(2)
During the period of seven days beginning with the date of the lapse of the
premises licence a person may apply to the licensing authority for the licence
to be reinstated with the applicant as the licensee.
(3)
The provisions of this Part shall apply in relation to an application for
20
reinstatement as they apply in relation to an application for a premises
licence—
(a)
subject to the provisions of this section and section 182, and
(b)
with any other necessary modifications.
(4)
An application for reinstatement must (in addition to anything required by
25
section 150) request that the reinstatement take effect upon the application
being granted.
(5)
A licensing authority shall grant an application for reinstatement unless they
think it would be wrong to do so having regard to representations made under
section 152 (as applied by subsection (3) above).
30
(6)
On the grant of an application for the reinstatement of a premises licence the
licensing authority—
(a)
shall alter the licence so that the applicant for reinstatement becomes
the licensee,
(b)
shall specify in the licence that the reinstatement takes effect at the time
35
when the application is granted, and
(c)
shall make such other alteration of the licence as appears to them to be
required (which may, in particular, include an alteration to reflect a
decision of the authority under section 160 as applied by subsection (3)
above to make new or varied provision for the attachment or exclusion
40
of conditions).
182
Reinstatement: supplemental
(1)
An application under section 181 for the reinstatement of a premises licence
must (in addition to anything required by section 150) be accompanied by—
(a)
the licence, or
45

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(b)
both—
(i)
a statement explaining why it is not reasonably practicable to
produce the licence, and
(ii)
an application under section 176 for the issue of a copy of the
licence.
5
(2)
In the case of an application under section 176 made in accordance with
subsection (1)(b)(ii) above—
(a)
the application shall be made by the applicant for reinstatement, and
(b)
a reference to the licence being lost, stolen or damaged shall be treated
as a reference to the licence being unavailable to the applicant for
10
reinstatement.
(3)
Regulations under section 151, as they have effect in relation to applications for
reinstatement by virtue of section 181(3), may require notice to be given to
specified responsible authorities (and not to all responsible authorities).
(4)
Section 152 shall have effect in relation to an application for reinstatement with
15
the omission of the reference to interested parties.
(5)
Where an application is made under section 181 for the reinstatement of a
premises licence, the licence shall have effect as if the applicant for
reinstatement were the licensee during the period—
(a)
beginning with the receipt of the application for reinstatement by the
20
licensing authority, and
(b)
ending with the determination of the application by the licensing
authority.
Review
183
Application for review
25
(1)
A responsible authority or interested party may apply to the licensing
authority for a review by the authority of a premises licence.
(2)
An application must—
(a)
be made in the prescribed form and manner,
(b)
specify the grounds on which the review is sought, and
30
(c)
contain or be accompanied by the prescribed information or
documents.
(3)
The Secretary of State may make regulations requiring an applicant—
(a)
to give notice of his application to the licensee;
(b)
to give notice of his application to the responsible authorities in relation
35
to the premises.
(4)
The Secretary of State may make regulations requiring the licensing authority
to whom an application is made under this section to publish notice of the
application.
(5)
Regulations under subsection (3) or (4) shall include provision—
40
(a)
about the manner and form in which notice is to be published or given,
(b)
about the period of time within which notice is to be published or
given, and
(c)
for the consequences of failure to comply with the regulations.

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(6)
Regulations by virtue of subsection (5)(a) shall, in particular, require a notice to
specify a period of time during which representations about the application
may be made to the licensing authority by—
(a)
the licensee,
(b)
a responsible authority, or
5
(c)
an interested party.
184
Rejection of application
(1)
A licensing authority may reject an application under section 183 for the
review of a premises licence if they think that the grounds on which the review
is sought—
10
(a)
do not raise an issue relevant to the principles to be applied in
accordance with section 145,
(b)
are frivolous,
(c)
are vexatious,
(d)
will certainly not cause the authority to wish to take action of a kind
15
specified in section 188(1),
(e)
are substantially the same as the grounds specified in an earlier
application under section 183 in respect of the premises licence, or
(f)
are substantially the same as representations made under section 152 in
relation to the application for the premises licence.
20
(2)
In determining whether to exercise the power to reject an application under
section 183 in accordance with subsection (1)(e) or (f), a licensing authority
shall consider the length of time that has elapsed since the making of the earlier
application or since the making of the representations under section 152.
(3)
If a licensing authority consider that paragraphs (a) to (f) apply to some but not
25
all of the grounds on which a review is sought, they may reject the application
in so far as it relies on grounds to which those paragraphs apply.
(4)
In this section a reference to section 152 includes a reference to that section as
applied by section 173(3).
185
Grant of application
30
(1)
This section applies where an application for review has been made to a
licensing authority under section 183.
(2)
If, or in so far as, the licensing authority do not reject the application under
section 184 they shall grant it.
186
Initiation of review by licensing authority
35
(1)
A licensing authority may review in relation to premises licences of a particular
class—
(a)
the use made of premises, and
(b)
in particular, arrangements made by licensees to ensure compliance
with conditions attached under section 158, 159 or 160 or by a provision
40
of this Part.
(2)
A licensing authority may review any matter connected with the use of
premises in reliance on a premises licence if the authority—

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(a)
have reason to suspect that the premises may have been used in
purported reliance on a licence but not in accordance with a condition
of the licence, or
(b)
for any reason (which may relate to the receipt of a complaint about the
use of the premises) think that a review would be appropriate.
5
(3)
Before reviewing a premises licence under subsection (2) the licensing
authority shall—
(a)
give notice of their intention to hold the review to the licensee, and
(b)
publish notice of their intention to hold the review.
(4)
The Secretary of State may make regulations about—
10
(a)
the manner and form in which notice under subsection (3) is to be given
or published, and
(b)
the period of time within which notice is to be given or published.
(5)
Regulations by virtue of subsection (4)(a) shall, in particular, require a notice to
specify a period of time during which representations about the review may be
15
made to the licensing authority by—
(a)
the licensee,
(b)
a responsible authority, or
(c)
an interested party.
187
Review
20
(1)
This section applies where a licensing authority—
(a)
have granted an application for a review of a premises licence under
section 185, or
(b)
have given notice under section 186 of their intention to hold a review
of a premises licence.
25
(2)
As soon as is reasonably practicable after the expiry of any period for
representations prescribed under section 183(6) or 186(5), the licensing
authority shall review the premises licence.
(3)
The purpose of the review shall be to consider whether to take action of a kind
specified in section 188(1) in relation to the licence.
30
(4)
In conducting a review of a premises licence a licensing authority shall hold a
hearing unless—
(a)
the applicant for the review (if there is one), and each person who has
made representations about the review under section 183(6) or 186(5),
have consented to the conduct of the review without a hearing, or
35
(b)
the licensing authority think that each representation made about the
review in accordance with section 183(6) or 186(5)—
(i)
is frivolous,
(ii)
is vexatious, or
(iii)
will certainly not influence the review.
40
(5)
In considering whether to take action of a kind specified in section 188(1) the
licensing authority shall have regard (in addition to the matters specified in
section 145) to—
(a)
any representations made in accordance with section 183(6) or 186(5),