Vote Bundle Text (941214-03)

Amendments proposed to the Gambling Bill - continued	House of Commons

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Consultation with Commissioners of Customs and Excise

Mr Richard Caborn

NC1

To move the following Clause:—

'(1) If in the course of the exercise of its functions the Gambling Commission becomes aware of a matter about which the Commissioners of Customs and Excise are likely to have an opinion, the Gambling Commission shall consult the Commissioners of Customs and Excise.

(2) The Gambling Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Commissioners of Customs and Excise.'.

Prosecution: time limit

Mr Richard Caborn

NC2

To move the following Clause:—

'(1) A magistrates' court may try an information for an offence under this Act provided that the information was laid within the period of twelve months beginning with the date (or last date) on which the offence is alleged to have been committed.

(2) Section 127(1) of the Magistrates' Courts Act 1980 (c. 43) shall not apply to an offence under this Act.'.

National Lottery

Mr Richard Caborn

NC3

To move the following Clause:—

'(1) Entering the National Lottery is not gambling for the purposes of this Act (despite section 3(c) but subject to subsections (2) to (4) below).

(2) Entering the National Lottery is gambling for the purposes of—

(a)	section 39, and

(b)	section 314.

(3) Where entering the National Lottery would also constitute gaming within the meaning of section 6, it shall be treated as gaming for the purposes of this Act if and only if a person entering the lottery is required to participate in, or to be successful in, more than three processes before becoming entitled to a prize.

(4) Entering the National Lottery shall not be treated as betting for the purposes of this Act where it would—

(a)	satisfy the definition of pool betting in section 12, or

(b)	satisfy the definition of betting in section 9 by virtue of section 11.

(5) Schedule [Amendment of National Lottery etc. Act 1993] shall have effect.'.

Non-commercial betting

Mr Richard Caborn

NC6

To move the following Clause:—

'For the purposes of this Act a betting transaction is non-commercial betting if no party to the transaction—

(a)	enters it in the course of a business, or

(b)	holds himself out as being in business in relation to the acceptance of bets.'.

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—

(a)	the Commission, or

(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

(b)	the prescribed fee.

(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—

(a)	dismiss the appeal;

(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.'.

Inspection: powers of entry: person accompanying inspector, &c.

Mr Richard Caborn

NC19

To move the following Clause:—

'A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may take one or more persons with him.'.

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.'.