Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 8 — Premises Licences
86

(b)
any representations made at the hearing of the review (if there is one),
and
(c)
in the case of a review held in response to an application under section
183, the grounds specified in the application for the review (apart from
any in relation to which the application was rejected under section
5
184(3)).
188
Action following review
(1)
As a result of a review of a premises licence under section 187 a licensing
authority may—
(a)
revoke the licence;
10
(b)
suspend the licence for a specified period not exceeding three months;
(c)
exclude a condition attached to the licence under section 159;
(d)
add, remove or amend a condition under section 160.
(2)
If the licensing authority decide to take action of a kind specified in subsection
(1) they shall specify the time at which the action shall take effect.
15
(3)
A licensing authority may, in particular, take action under subsection (1) on the
grounds that the licensee has not used the licence.
189
Determination
(1)
As soon as possible after completion of a review of a premises licence under
section 187 a licensing authority shall give notice of their decision on the
20
review to—
(a)
the licensee,
(b)
the applicant for the review (if any),
(c)
the Commission,
(d)
any person who made representations in accordance with section 183
25
or 186,
(e)
either—
(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
30
for a police area in which the premises are wholly or partly
situated, and
(f)
Her Majesty’s Commissioners of Customs and Excise.
(2)
A notice under subsection (1)—
(a)
must be in the prescribed form, and
35
(b)
must give the authority’s reasons for their decision.
Provisional statement
190
Application
(1)
A person may make an application for a provisional statement in respect of
premises—
40
(a)
that he expects to be constructed,
(b)
that he expects to be altered, or

Gambling Bill
Part 8 — Premises Licences
87

(c)
that he expects to acquire a right to occupy.
(2)
The provisions of this Part shall apply in relation to an application for a
provisional statement as they apply in relation to an application for a premises
licence—
(a)
subject to the provisions of this section and section 191, and
5
(b)
with any other necessary modifications.
(3)
An application for a provisional statement shall include such plans and other
information in relation to the construction, alteration or acquisition as may be
prescribed.
(4)
Sections 144(1)(b) and 150(3) and (5) shall not apply in relation to an
10
application for a provisional statement.
191
Effect
(1)
This section applies where—
(a)
a licensing authority issue a provisional statement in respect of
premises, and
15
(b)
an application is made under section 150 for a premises licence in
respect of the premises.
(2)
The licensing authority shall disregard any representations made in relation to
the application for the premises licence unless they think that the
representations—
20
(a)
address matters that could not have been addressed in representations
in relation to the application for the provisional statement, or
(b)
reflect a change in circumstances.
(3)
The licensing authority may refuse the application, or grant it on terms or
conditions not included in the provisional statement, only by reference to
25
matters which—
(a)
the authority have considered in reliance on subsection (2)(a), or
(b)
in the authority’s opinion reflect a change in circumstances.
(4)
But subsections (2) and (3) do not apply in the case of a provisional statement
issued in response to an application under section 190(1)(a) or (b) if the
30
licensing authority think that the premises have been constructed or altered
otherwise than in accordance with the plans and information included with the
application for the provisional statement in accordance with section 190(3).
Appeals
192
Rights of appeal
35
(1)
Where a licensing authority reject an application under this Part the applicant
may appeal.
(2)
Where a licensing authority grant an application under this Part either of the
following may appeal—
(a)
a person who made representations in relation to the application, and
40
(b)
the applicant.

Gambling Bill
Part 8 — Premises Licences
88

(3)
Where a licensing authority take action under section 188 as a result of a review
of a premises licence, or determine to take no action as a result of a review, any
of the following may appeal—
(a)
the licensee,
(b)
a person who made representations in relation to the review,
5
(c)
the person (if any) who applied for the review, and
(d)
the Commission.
(4)
Where a licensing authority take action or make a determination under section
174(4) or (5) either of the following may appeal—
(a)
the licensee, and
10
(b)
the applicant for transfer.
193
Process
(1)
An appeal under section 192 in relation to premises must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the premises
are wholly or partly situated,
15
(b)
by notice of appeal given to the justices’ chief executive, and
(c)
within the period of 21 days beginning with the day on which the
appellant receives notice of the decision against which the appeal is
brought.
(2)
Where an appeal is brought under section 192 the licence holder (or the
20
applicant in the case of an appeal against the grant of an application for a
premises licence) shall be a respondent in addition to the licensing authority
(unless he is the appellant).
(3)
On an appeal under section 192 the magistrates’ court may—
(a)
dismiss the appeal;
25
(b)
substitute for the decision appealed against any decision that the
licensing authority could have made;
(c)
remit the case to the licensing authority to decide in accordance with a
direction of the court;
(d)
make an order about costs.
30
(4)
Section 192 applies to a decision of a licensing authority following remittal
under subsection (3)(c) above.
(5)
In relation to premises in Scotland—
(a)
subsection (1)(a) shall have effect as if it referred to a sheriff within
whose sheriffdom the premises are wholly or partly situated,
35
(b)
subsection (1)(b) shall not have effect,
(c)
the reference in subsection (3) to the magistrates’ court shall have effect
as a reference to the sheriff, and
(d)
the reference in subsection (3) to costs shall have effect as a reference to
expenses.
40
194
Stay pending appeal
(1)
A determination or other action under this Part shall have no effect while an
appeal under section 192—
(a)
could be brought, or

Gambling Bill
Part 8 — Premises Licences
89

(b)
has been brought and has not yet been either finally determined or
abandoned.
(2)
But a licensing authority making a determination or taking other action under
this Part may direct that subsection (1) shall not apply (in which case the
magistrates’ court or sheriff determining an appeal may make any order that it
5
or he thinks appropriate).
195
Further appeal
A party to an appeal under section 192 may appeal on a point of law—
(a)
in relation to premises in England and Wales, to the High Court, or
(b)
in relation to premises in Scotland, to the Court of Session.
10
General
196
Vehicles and vessels
(1)
A premises licence—
(a)
may not be issued in relation to a vehicle (or part of a vehicle),
(b)
may be issued in relation to all or part of a passenger vessel,
15
(c)
may be issued in relation to all or part of a vessel (within the meaning
of section 330(1)) situated at a fixed place in or on water, and
(d)
may not be issued in relation to all or part of a vessel to which neither
of paragraphs (b) and (c) applies.
(2)
In relation to a vessel, a reference in this Part to a place in which premises are
20
wholly or partly situated shall be construed—
(a)
in the case of a vessel (within the meaning of section 330(1)) situated at
a fixed place in or on water, as a reference to that place,
(b)
in the case of a vessel which is permanently moored at a place, as a
reference to that place,
25
(c)
in the case of a vessel which is habitually moored at one place more
frequently or for longer periods than at any other place, as a reference
to that place, and
(d)
in any other case, as a reference to any place at which a vessel is moored
or is likely to be moored, or to the place in the United Kingdom nearest
30
to any place at which a vessel is or is likely to be, while activities are
carried on in the vessel in reliance on a premises licence.
(3)
In relation to a vessel, the following are responsible authorities for the
purposes of this Part (in addition to the persons listed in section 148(1))—
(a)
a navigation authority, within the meaning of section 221(1) of the
35
Water Resources Act 1991 (c. 57), which has functions in relation to any
place where the vessel is or is likely to be while activities are carried on
in the vessel in reliance on a premises licence,
(b)
the Environment Agency,
(c)
the British Waterways Board, and
40
(d)
the Secretary of State.
197
Fees
(1)
Regulations under this Part prescribing a fee—

Gambling Bill
Part 8 — Premises Licences
90

(a)
may provide for the amount of the fee to be determined by a licensing
authority, and
(b)
may, if they make provision by virtue of paragraph (a), specify
constraints on a licensing authority’s power to determine the amount
of the fee.
5
(2)
Where provision is made under subsection (1) for the amount of a fee to be
determined by a licensing authority, the authority—
(a)
shall determine the amount of the fee,
(b)
may determine different amounts for different classes of case specified
in the regulations (but may not otherwise determine different amounts
10
for different cases),
(c)
shall publish the amount of the fee as determined from time to time,
and
(d)
shall aim to ensure that in each financial year the income from fees of
that kind as nearly as possible equates to the costs of providing the
15
service to which the fee relates (including a reasonable share of
expenditure which is referable only partly or only indirectly to the
provision of that service).
(3)
Regulations by virtue of this section may (without prejudice to the generality
of section 332)—
20
(a)
make provision which applies generally or only to specified authorities
or classes of authority,
(b)
make different provision for different authorities or classes of
authority, and
(c)
make transitional provision in respect of a case where an authority
25
enters or leaves a class.
(4)
A class of authority for the purposes of subsection (3) may, in particular, be
defined by reference to categories assigned under section 99 of the Local
Government Act 2003 (c. 26).
198
Interpretation
30
In this Part—
(a)
“authorised activity”, in relation to a premises licence, means an
activity specified under section 143(1)(d),
(b)
“chief officer of police” has the meaning given by section 101(1) of the
Police Act 1996 (c. 16),
35
(c)
a reference to a chief officer’s area is a reference to the area in respect of
which he has responsibility under that Act,
(d)
“holder”, in relation to a premises licence, means the person to whom
the licence is issued,
(e)
“licensee”, in relation to a premises licence, also means the person to
40
whom the licence is issued,
(f)
“the licensing authority”, in relation to a premises licence, means the
authority who issued the licence, and
(g)
“prescribed” means prescribed by regulations made (except in sections
150, 155, 156 and 170) by the Secretary of State.
45

Gambling Bill
Part 9 — Temporary Use of Premises
91

Part 9
Temporary Use of Premises
Temporary use notice
199
Exception to offence of using premises for gambling
(1)
A person who uses premises to carry on an activity listed in section 34(1), or
5
who causes or permits premises to be used to carry on an activity to which that
section applies, does not commit an offence under that section if—
(a)
a temporary use notice under this Part has effect in respect of the
premises, and
(b)
the activity is carried on in accordance with the terms of the notice.
10
200
Nature of notice
(1)
A temporary use notice is a notice given in accordance with the provisions of
this Part—
(a)
by the holder of an operating licence, and
(b)
stating his intention to carry on one or more specified prescribed
15
activities.
(2)
The Secretary of State may by regulations—
(a)
prescribe activities which may be specified in a notice under subsection
(1)(b);
(b)
prescribe combinations of activity that may not be specified in a notice
20
under subsection (1)(b);
(c)
prescribe activities which may be specified under subsection (1)(b) only
if no other prescribed activity is specified in the notice.
(3)
A temporary use notice given by a person may specify an activity under
subsection (1)(b) only if the person’s operating licence authorises him to carry
25
on the activity.
201
Form of notice
(1)
A temporary use notice must—
(a)
be in the prescribed form,
(b)
specify the activity to be carried on in reliance on the notice,
30
(c)
specify the premises on which the activity is to be carried on,
(d)
specify the period of time during which the notice is to have effect,
(e)
specify the times of day during that period at which the activity is to be
carried on,
(f)
specify any periods during the previous 12 months during which a
35
temporary use notice has had effect in respect of the premises or any
part of the premises,
(g)
specify the date on which the notice is given, and
(h)
contain any other prescribed information.
(2)
In this section “prescribed” means prescribed by regulations made by the
40
Secretary of State.

Gambling Bill
Part 9 — Temporary Use of Premises
92

(3)
In subsection (1)(f) “the previous 12 months” means the period of 12 months
ending with the last day of the period specified under subsection (1)(d).
202
Effect of notice
A temporary use notice shall, subject to the provisions of this Part and
provided that the requirements of this Part are complied with, have effect
5
during the period specified in the notice in accordance with section 201(1)(d).
203
Maximum permitted period
(1)
A set of premises may not be the subject of temporary use notification for more
than 21 days in a period of 12 months.
(2)
A set of premises may be the subject of more than one temporary use notice in
10
a period of 12 months (provided that the aggregate of the periods for which the
notices have effect does not exceed 21 days).
(3)
If a temporary use notice is given to a licensing authority and subsection (1)
would be contravened if the notice had effect for any part of the period
specified in accordance with section 201(1)(d), the licensing authority shall give
15
a counter-notice providing for the temporary use notice not to have effect.
(4)
Subsections (5) and (6) apply where a temporary use notice is given to a
licensing authority and—
(a)
subsection (1) would be contravened if the notice had effect for the
whole of the period specified in accordance with section 201(1)(d) (“the
20
specified period”), but
(b)
the notice could have effect for some part of the specified period
without resulting in contravention of subsection (1).
(5)
The licensing authority shall give a counter-notice providing that the
temporary use notice—
25
(a)
shall not have effect during such part of the specified period as the
licensing authority may specify in the counter-notice (“the excluded
period”), and
(b)
shall be treated for the purposes of this Part as if it related only to the
non-excluded period.
30
(6)
Where there is a choice as to which part of the specified period to exclude
under subsection (5), the licensing authority shall consult the person who gave
the temporary use notice before giving a counter-notice by virtue of that
subsection.
(7)
A counter-notice under this section shall have effect; and subsections (4) and
35
(6) of section 209 shall apply in relation to a counter-notice given under this
section as they apply in relation to a counter-notice given under that section.
(8)
For the purposes of this section a set of premises is the subject of temporary use
notification (or of a notice) if any part of the premises is the subject of
temporary use notification (or of a notice).
40