Vote Bundle Text (950111-02)

Amendments proposed to the Gambling Bill - continued	House of Commons

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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.'.

Premises licences: specific cases: casino premises licence: overall limits

Mr Richard Caborn

NC20

To move the following Clause:—

'(1) No more than eight casino premises licences may have effect at any time in respect of regional casinos.

(2) No more than eight casino premises licences may have effect at any time in respect of large casinos.

(3) No more than eight casino premises licences may have effect at any time in respect of small casinos.

(4) The Secretary of State shall, having consulted the Scottish Ministers and the National Assembly for Wales, by order make provision for determining the geographical distribution of casino premises licences within the limits specified in subsections (1) to (3); for which purpose the order shall—

(a)	specify which licensing authorities may issue casino premises licences of a specified kind, and

(b)	in respect of each specified authority, specify the number of casino premises licences of each kind issued by the authority that may have effect at any time.

(5) An application for a casino premises licence may not be made to a licensing authority if subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting the application.

(6) An application for a provisional statement may not be made to a licensing authority if it relates to a casino and is made at a time when subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting a casino premises licence in response to an application made in reliance on the provisional statement.

(7) Schedule [Applications for casino premises licences] (which makes provision about the treatment of applications for casino premises licences and provisional statements) shall have effect.

(8) The Secretary of State may by order—

(a)	amend any of subsections (1), (2) and (3) so as to substitute a new maximum number of casino premises licences;

(b)	repeal any of subsections (1), (2) and (3).'.

Premises licences: general: planning permission

Mr Richard Caborn

NC21

To move the following Clause:—

'(1) In making a decision in respect of an application under this Part a licensing authority shall not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with the law relating to planning or building.

(2) A decision by a licensing authority under this Part shall not constrain any later decision by the authority under the law relating to planning or building.'.

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—

(a)	the licence, or

(b)

both—

(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.'.