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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from indicating to punters that an internet site is approved as being one which operates within the UK is hereby repealed.'.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.'.
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.'. |
Proof of identity
Clive Efford
NC12
To move the following Clause:—
'Proof of identity will be required before any person can gain access to areas where casino games or Category A gaming machines are played by—
| (a) | a photographic ID in the form of a passport or driving licence; |
| (b) | a form of ID showing proof of home address; |
| (c) | any other requirement as set out by the Commission.'. |
Conversion of existing permits
Mr Malcolm Moss
Mr Nick Hawkins
Mr John Whittingdale
NC13
To move the following Clause:—
'(1) Within the period of 6 months beginning with a day to be appointed by the Secretary of State, any person or persons in possession of a premises licence granted under the Licensing Act 2003 may apply to the licensing authority to convert machine permits issued under the Licensing Act 1964 and as transposed into the Licensing Act 2003.
(2) The licensing authority must grant the application.'.
Conditions imposed or excluded by licensing authority
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
NC14
To move the following Clause:—
'A premises licence may not be subject to a condition (whether imposed by virtue of section 158, 159 or 160) which—
| (a) | limits or is different in a material way to the terms of any relevant operating licence held by the applicant, or |
| (b) | has the effect that the facilities for gambling to be used on the premises will be used in a different way either— |
| (i) | to the facilities authorised by the terms of any relevant operating licence held by the applicant, or |
| (ii) | to the way specified in any Code of Practice issued under section 23.'. |
Part 16 regulations
Mr Malcolm Moss
Mr John Whittingdale
Mr Nick Hawkins
NC15
To move the following Clause:—
'The Secretary of State shall make regulations providing that controls on the advertising of bingo in premises where facilities are provided pursuant to a bingo operating licence shall be contained in a Code of Practice issued under section 23 following consultation with one or more persons who represent the interests of persons who carry on the business of bingo.'.
NEW SCHEDULES
Mr Richard Caborn
NS1
To move the following Schedule:—
'Amendment of National Lottery etc. Act 1993 (c. 39)
Consultation with Gambling Commission
| 1 | | After section 4 of the National Lottery etc. Act 1993 (overriding duties) insert— |
"4A Consultation with Gambling Commission
(1) If in the course of the exercise of its functions the National Lottery Commission becomes aware of a matter about which the Gambling Commission is likely to have an opinion, the National Lottery Commission shall consult the Gambling Commission.
(2) The National Lottery Commission shall comply with any direction of the Secretary of State (which may be general or specific) to consult the Gambling Commission."
Definition of "lottery"
| 2 | | In section 20 of the National Lottery etc. Act 1993 (c. 39) (interpretation) after the definition of "contravention" insert— |
"lottery" has the same meaning as in the Gambling Act 2005;".'.
Mr Richard Caborn
NS2
To move the following Schedule:—
'Pub Gaming Machine Permits
Making of application
| 1 | (1) | A person who applies to a licensing authority for an on-premises alcohol licence or who holds an on-premises alcohol licence issued by a licensing authority may apply to that licensing authority for a pub gaming machine permit. |
(2) An application may not be made under this Schedule if a licence under Part 8 has effect in relation to the premises.
| 2 | | An application for a permit must— |
| (a) | be made in such form and manner as the licensing authority may direct, |
| (b) | specify the premises in respect of which the permit is sought, |
| (c) | specify the number and category of gaming machines in respect of which the permit is sought, |
| (d) | contain or be accompanied by such other information or documents as the licensing authority may direct, and |
| (e) | be accompanied by the prescribed fee. |
| 3 | | Section 146 shall have effect in relation to the functions of a licensing authority under this Schedule as it has effect in relation to functions of a licensing authority under Part 8. |
| 4 | (1) | A licensing authority to whom an application is made under this Schedule shall consider it having regard to the licensing objectives, any relevant guidance issued by the Commission under section 24 and such other matters as they think relevant. |
(2) On considering an application for a permit a licensing authority shall—
| (a) | grant the application, |
| (b) | refuse the application, or |
| (c) | grant it in respect of— |
| (i) | a smaller number of machines than that specified in the application, |
| (ii) | a different category of machines from that specified in the application, or |
| 5 | (1) | A licensing authority may not attach conditions to a permit. |
(2) As soon as is reasonably practicable after granting an application, a licensing authority shall issue a permit to the applicant.
(3) As soon as is reasonably practicable after refusing an application a licensing authority shall notify the applicant of—
| 6 | (1) | A licensing authority may grant an application under this Schedule only if the applicant holds an on-premises alcohol licence. |
(2) A licensing authority may not refuse an application, or grant an application in respect of a different category or smaller number of gaming machines than that specified in the application, unless they have—
| (a) | notified the applicant of their intention to refuse the application, or grant the application in respect of— |
| (i) | a smaller number of machines than that specified in the application, |
| (ii) | a different category of machines from that specified in the application, or |
| (b) | given the applicant an opportunity to make representations. |
(3) A licensing authority may satisfy sub-paragraph (2)(b) by giving the applicant an opportunity to make—
| (a) | oral representations, |
| (b) | written representations, or |
(4) Sub-paragraph (2)(b) shall not apply in respect of a refusal if the refusal was by virtue of sub-paragraph (1).
Form of permit
| 7 | (1) | A permit must specify— |
| (a) | the person to whom it is issued, |
| (c) | the number and category of gaming machines which it authorises, and |
| (d) | the date on which it takes effect. |
(2) If the person to whom a permit is issued changes his name or wishes to be known by another name—
| (a) | he may send the permit to the licensing authority with a request that a new name be substituted for the old name, and |
| (b) | the licensing authority shall comply with the request and return the permit to the holder. |
Maintenance
| 8 | | The holder of a permit shall keep it on the premises to which it relates. |
| 9 | (1) | The holder of a permit— |
| (a) | shall pay a first annual fee to the issuing licensing authority within such period after the issue of the permit as may be prescribed, and |
| (b) | shall pay an annual fee to the issuing licensing authority before each anniversary of the issue of the permit. |
(2) In this paragraph "annual fee" means a fee of such amount as may be prescribed.
| 10 | (1) | An occupier of premises in respect of which a permit has effect commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by — |
| (b) | an enforcement officer, or |
| (c) | an authorised local authority officer. |
(2) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
| 11 | (1) | Where a permit is lost, stolen or damaged, the holder may apply to the licensing authority for a copy. |
(2) An application under sub-paragraph (1) must be accompanied by the prescribed fee.
(3) A licensing authority shall consider an application under this paragraph and shall grant it if satisfied—
| (a) | that the permit has been lost, stolen or damaged, and |
| (b) | where the permit 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 paragraph a licensing authority shall issue a copy of the permit certified by the authority as a true copy.
(5) A copy of a permit issued under this paragraph shall be treated as if it were the permit.
| 12 | | A permit shall continue to have effect unless and until it ceases to have effect in accordance with a provision of this Schedule. |
| 13 | | A permit shall cease to have effect if— |
| (a) | an on-premises alcohol licence ceases to have effect with respect to the premises to which it relates, or |
| (b) | the permit holder ceases to be the holder of an on-premises alcohol licence. |
| 14 | | A permit shall cease to have effect if the permit holder gives to the licensing authority— |
| (a) | notice of surrender, and |
| (ii) | a statement explaining why it is not reasonably practicable to produce the permit. |
Cancellation and forfeiture
| 15 | (1) | The licensing authority which issued a permit may cancel it if they think that— |
| (a) | gaming machines on the premises are being used by children or young persons, |
| (b) | gaming machines are being made available for use on the premises otherwise than in accordance with the permit, or |
| (c) | an offence under this Act has been committed on the premises. |
(2) Before cancelling a permit under this paragraph a licensing authority shall—
| (a) | give the permit holder at least 21 days' notice of the authority's intention to consider cancelling the permit, |
| (b) | consider any representations made by the holder, |
| (c) | hold a hearing if the holder requests one, and |
| (d) | comply with any prescribed requirements for the procedure to be followed in considering whether to cancel a permit. |
(3) If a licensing authority cancel a permit under this paragraph they shall as soon as is reasonably practicable give notice of the cancellation and the reasons for it to—
| (a) | the permit holder, and |
(4) The cancellation of a permit shall not take effect until—
| (a) | the period specified in paragraph 20 has expired without an appeal being brought, or |
| (b) | any appeal brought has been determined. |
| 16 | (1) | The licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 9. |
(2) But a licensing authority may disapply sub-paragraph (1) if they think that a failure to pay is attributable to administrative error.
| 17 | (1) | Where a permit holder, or the officer of a permit holder, is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit. |
(2) Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—
| (a) | the court which orders forfeiture, |
| (b) | a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or |
| (c) | the High Court, if hearing proceedings relating to the conviction. |
(3) Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.
(4) The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the permit holder deliver to the licensing authority within such time as the order may specify—
| (b) | a statement explaining why it is not reasonably practicable to produce the permit. |
(5) As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.
Transfer of permit
| 18 | (1) | A person may apply for the transfer of a permit to him if— |
| (a) | he is applying for the transfer of an on-premises alcohol licence to him in accordance with— |
| (i) | section 42 of the Licensing Act 2003 (c.17) (application for transfer), or |
| (ii) | section 50 of that Act (transfer following death of holder), and |
| (b) | a permit has effect in respect of the same premises. |
(2) The provisions of this Schedule shall have effect (with any necessary modifications) in relation to an application for the transfer of a permit as they have effect in relation to an application for the issue of a permit.
(3) A person applying for the transfer of a permit to him must supply with his application—
| (b) | a statement explaining why it is not reasonably practicable to produce the permit. |
(4) A licensing authority may not approve an application for the transfer of a permit under this paragraph unless the transfer of the on-premises alcohol licence is approved under section 45 of the Licensing Act 2003 (c.17) (determination of application).
(5) Where a licensing authority refuse an application for the transfer of a permit under this paragraph by virtue of sub-paragraph (4), the provisions of paragraph 6(2)(b) shall not apply to the refusal.
| 19 | (1) | This paragraph applies where— |
| (a) | the transfer of an on-premises alcohol licence is to be given immediate effect under section 43 of the Licensing Act 2003 (interim effect of transfer application), and |
| (b) | the applicant has also made an application under paragraph 18. |
(2) A permit in respect of those premises shall have effect during the application period as if the applicant for the transfer were the permit holder.
(3) In this paragraph "application period" has the same meaning as in section 43 of the Licensing Act 2003 (c.17).
Appeal
| 20 | (1) | The applicant for or holder of a permit may appeal if the licensing authority— |
| (a) | reject an application for a permit, or |
| (b) | give a notice under paragraph 15. |
(2) An appeal under this paragraph 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 or holder receives notice of the decision against which the appeal is brought. |
(3) On an appeal the magistrates' court may—
| (b) | substitute for the decision appealed against any decision that the licensing authority could have made (with effect from such date and on such transitional or other terms as the court may specify); |
| (c) | restore a permit (with effect from such date and on such transitional or other terms as the court may specify); |
| (d) | remit the case to the licensing authority to decide in accordance with a direction of the court; |
| (e) | make an order about costs. |
(4) Sub-paragraph (1) applies to a decision of a licensing authority following remittal under sub-paragraph (3)(d).
Register
| 21 | (1) | A licensing authority shall— |
| (a) | maintain a register of permits issued by the authority together with such other information as may be prescribed, |
| (b) | make the register and information available for inspection by members of the public at all reasonable times, and |
| (c) | make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request. |
(2) A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority.
(3) The Secretary of State may make regulations about—
| (a) | the form of the register; |
| (b) | the manner in which it is maintained. |
(4) The Secretary of State may make regulations—
| (a) | requiring licensing authorities to give to the Commission specified information about permits issued by them; |
| (b) | requiring the Commission to maintain a register provided to it under paragraph (a); |
| (c) | requiring the Commission to grant access to teh register to members of the public (without charge); |
| (d) | requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public; |
| (e) | excusing licensing authorities, wholly or partly, from compliance with sub-paragraph (1). |
Interpretation
| | "permit" means a pub gaming machine permit, and |
| | "prescribed" means prescribed by regulations made by the Secretary of State.'. |
ORDER OF THE HOUSE [1st NOVEMBER 2004]
That the following provisions shall apply to the Gambling Bill:
Committal
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 11th January 2005.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.
6. Sessional Order B (programming committees) made by the House on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.
ORDERS OF THE COMMITTEE [9th, 11th and 16th NOVEMBER 2004]
That—
(1) during proceedings on the Gambling Bill, in addition to its first Meeting on Tuesday 9th November at 9.30 am, the Standing Committee shall meet when the House is sitting on Tuesdays and Thursdays (except for Thursday 18th November, Tuesday 23rd November, Thursday 25th November and Tuesday 21st December ) at 9.30 am and 2.30 pm;
(2) 20 sittings shall be allocated to the consideration of the Bill by the Committee;
(3) the proceedings shall be taken in the order shown in the table below and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the table.
TABLE
| Proceedings | Time for conclusion of proceedings |
| Clauses 1 to 6; Clauses 8 to 11; Schedule 1; Clauses 12 to 14; Schedule 2; Clauses 15 to 19; Schedule 3; Clause 20; Schedule 4; Clause 7; Clauses 21 to 28; Schedule 5; Clauses 29 to 119; Schedule 6; Clauses 120 to 133; Schedule 7; Clauses 134 to 231; Schedule 8; Clauses 232 to 242; Schedule 9; Clauses 243 to 259; Schedule 10; Clauses 260 to 272; Schedule 11; Clauses 273 to 278; Schedule 12; Clauses 279 to 284 | 5.30 pm on Tuesday 14th December |
| Clauses 285 to 312 | 5.30 pm on Thursday 16th December |
| Clauses 313 to 333; Schedules 13 and 14; Clauses 334 and 335; Schedule 15; Clauses 336 and 337; remaining proceedings on the Bill. | 5.30 pm on Tuesday 11th January 2005 |
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