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Gambling software operating licence: standards
Mr Richard Caborn
NC8
To move the following Clause:—
'(1) The Commission may establish, or provide for the establishment of, standards in respect of the manufacture, supply, installation or adaptation of gambling software.
(2) In particular, the Commission may—
| (a) | provide for the enforcement of standards by the attachment of conditions under section 71 or 73; |
| (b) | make arrangements with any person for the establishment of standards; |
| (c) | make arrangements with any person for the administration of tests of compliance with standards; |
| (d) | for the purpose of considering whether a condition under section 71 or 73 has been complied with, require the holder of a gambling software operating licence— |
| (i) | to submit to a test in accordance with arrangements made under paragraph (c) above, and |
| (ii) | to produce specified evidence of the result of the test; |
| (e) | for the purpose of considering whether to grant an application under this Part, require the holder of or an applicant for a gambling software operating licence— |
| (i) | to submit to a test in accordance with arrangements made under paragraph (c) above, and |
| (ii) | to produce specified evidence of the result of the test. |
(3) Standards established under subsection (2) may, in particular, be expressed—
| (a) | by reference to the opinion of a specified person or class of persons; |
| (b) | by reference to a specified process or description of software. |
(4) This section is without prejudice to the generality of sections 71, 73 and 74.'.
Operating licences: conditions: information
Mr Richard Caborn
NC9
To move the following Clause:—
'(1) A condition attached to an operating licence by virtue of section 71 or 74 may require the provision of information of a specified kind to—
| (b) | another specified person or class of person. |
(2) A condition attached by virtue of this section may, in particular—
| (a) | relate to information about the use made of facilities provided in accordance with the operating licence; |
| (b) | require a person to provide any information that he suspects may— |
| (i) | relate to the commission of an offence under this Act, |
| (ii) | relate to a breach of a rule applied by a sporting or other body, or |
| (iii) | lead to the making of an order under section 315.'. |
Gaming machines: automatic entitlement
Mr Richard Caborn
NC16
To move the following Clause:—
'(1) Sections 34 and 226 shall not apply to making one or two gaming machines, each of which is of Category C or D, available for use on premises to which this section applies, provided that the conditions in subsection (2) are satisfied.
(2) The conditions are that the person who holds the on-premises alcohol licence sends the licensing authority—
| (a) | written notice of his intention to make gaming machines available for use in reliance on subsection (1), and |
(3) In this section "prescribed" means prescribed by regulations made by the Secretary of State.'.
Pub gaming machine permits
Mr Richard Caborn
NC17
To move the following Clause:—
'(1) A person does not commit an offence under section 34 or 226 if he makes a gaming machine of Category C or D available in accordance with a pub gaming machine permit.
(2) A pub gaming machine permit is a permit issued by a licensing authority authorising a person to make gaming machines of Category C or D (or both) available for use on premises to which this section applies.
(3) Schedule [Pub gaming machine permits], which makes further provision about pub gaming machine permits, shall have effect.'.
Removal of exemption
Mr Richard Caborn
NC18
To move the following Clause:—
'(1) A licensing authority may make an order disapplying section 264 or section [Gaming machines: automatic entitlement](1) to specified premises.
(2) Before making an order under subsection (1) a licensing authority shall—
| (a) | give the holder of the on-premises alcohol licence ("the licensee") at least 21 days' notice of the authority's intention to consider making an order, |
| (b) | consider any representations made by the licensee, |
| (c) | hold a hearing if the licensee requests one, and |
| (d) | comply with any prescribed requirements for the procedure to be followed in considering whether to make an order. |
(3) If a licensing authority make an order under subsection (1), they shall as soon as is reasonably practicable give the licensee—
| (a) | a copy of the order, and |
| (b) | written reasons for the decision to make the order. |
(4) A licensee may appeal against the making of an order under subsection (1).
(5) An appeal under subsection (4) must be instituted—
| (a) | in the magistrates' court for a petty sessions area in which the premises to which the appeal relates are wholly or partly situated, |
| (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 a copy of the order against which the appeal is brought. |
(6) On an appeal the magistrates' court may—
| (b) | allow the appeal and quash the order made by the licensing authority; |
| (c) | make an order about costs. |
(7) In relation to premises in Scotland—
| (a) | subsection (5)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated, |
| (b) | subsection (5)(b) shall not have effect, |
| (c) | the reference in subsection (6) to the magistrates' court shall have effect as a reference to the sheriff, and |
| (d) | the reference in subsection (6)(c) to costs shall have effect as a reference to expenses. |
(8) In this section, "prescribed" means prescribed by regulations made by the Secretary of State.'.
Liaison between Gambling Commission and OFCOM
Mr Nick Hawkins
NC4
To move the following Clause:—
'The Gambling Commission will liaise with the Office of Communications (OFCOM) on all issues relating to the internet and all other communication media over which OFCOM has a remit, to ensure that there is no regulatory gap between the Commission and OFCOM.'.
Information about internet sites
Mr Nick Hawkins
NC5
To move the following Clause:—
'Any provision in any Act of Parliament or European Union directive or regulation which prevents the Gambling Commission or the Office of Communications from indicating to punters that an internet site is approved as being one which operates within the UK is hereby repealed.'.
Application of provisions of Part 5 (No. 2)
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
NC7
To move the following Clause:—
'The Secretary of State shall, after consultation with those parties listed in section 22(5), make regulations regarding those matters referred to in Part 5 of this Act as such shall apply to personal licences under Part 6.'.
Use of Category D gaming machines by children and young persons
Mr Don Foster
Bob Russell
NC10
To move the following Clause:—
'(1) A person commits an offence if he invites, causes or allows a child or young person to use a Category D gaming machine.
(2) A young person commits an offence if he gambles on a Category D gaming machine.
(3) An exception is made to subsections (1) and (2) where—
| (a) | the value of the prize falls within the limits for Category D gaming machines as defined by regulations under section 220, and |
| (b) | the nature of the prize is non-monetary or non-redeemable for prizes.'. |
Reinstatement of lapsed operating licences
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
NC11
To move the following Clause:—
'(1) This section applies where an operating licence lapses under section 107(1).
(2) During the period of 28 days beginning with the date of the lapse of the operating licence a person may apply to the Commission for the licence to be reinstated with the applicant as the licensee.
(3) The provisions of this section shall apply in relation to an application for reinstatement as they apply in relation to an application for an operating licence—
| (a) | subject to provisions of this section, |
| (b) | with any other necessary modifications. |
(4) An application for reinstatement must (in addition to anything required by section 65 or 69) request that the reinstatement take effect upon the application being granted.
(5) The Commission shall grant an application for reinstatement unless it thinks it would be wrong to do so having regard to the matters in sections 66 and 67 (as applied by subsection 3 above).
(6) On the grant of an application for the reinstatement of an operating licence the Commission shall—
| (a) | alter the licence so that the applicant for reinstatement becomes the licensee, |
| (b) | specify in the licence that the reinstatement takes effect at the time when the application is granted, and |
| (c) | make such other alteration of the licence as appears to it to be required (which may, in particular, include an alteration to reflect a decision of the Commission under section 73 as applied by subsection (3) above to make new or varied provisions for the attachment or exclusion of conditions). |
(7) An application under this section for the reinstatement of an operating licence must (in addition to anything required by section 65) be accompanied by—
| (i) | a statement explaining why it is not reasonably practicable to produce the licence, and |
| (ii) | an application under section 100 for the issue of a copy of the licence. |
(8) In the case of an application under section 100 made in accordance with subsection 7(b)(ii)—
| (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 reinstatement. |
(9) Regulations under section 65, as they have effect in relation to applications for reinstatement by virtue of subsection (3), may require notice to be given to specified persons.
(10) Where an application is made under this section for the reinstatement of an operating 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 Commission, and |
| (b) | ending with the determination of the application by the Commission.'. |
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