Mr Richard Caborn
To move the following Schedule:
Applications for Casino Premises Licences
|1 ||(1) ||This Schedule applies to an application for a casino premises licence of a kind in respect of which a limit under section [Premises licences: specific cases: casino premises licence: overall limits] has effect.|
|(2) ||An application for the variation or transfer of a premises licence is not to be treated for the purposes of this Schedule as an application for a premises licence (despite sections 173(3) and 174(2)).|
|2 ||(1) ||Before considering an application to which this Schedule applies a licensing authority shall comply with regulations of the Secretary of State about inviting competing applications.|
|(2) ||The regulations shall, in particular, make provision|
(a) about the publication of invitations (including provision as to the manner and timing of publication and the matters to be published), and
(b) about the timing of responses.
|3 || ||This paragraph applies where (whether or not as a result of the competition provided for by paragraph 2)|
(a) a number of applications for a casino premises licence are made to a licensing authority ("the competing applications"), and
(b) as a result of section [Premises licences: specific cases: casino premises licence: overall limits] and the order under it the authority are able to grant one or more, but not all, of the competing applications.
|4 ||(1) ||The licensing authority shall first consider in respect of each application whether they would grant it under section 154 if section [Premises licences: specific cases: casino premises licence: overall limits] did not apply.|
(a) the authority shall not have regard to whether any of the other competing applications is more deserving of being granted,
(b) subject to paragraph (a), each competing applicant is an interested party in relation to each of the other competing applications, and
(c) Part 8 shall apply, but with the substitution for a reference to the grant of an application in sections 154(1)(a) and 192(2) of a reference to a provisional decision to grant an application subject to the provisions of paragraph 5 below.
|5 ||(1) ||This paragraph applies if a licensing authority determine under paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section [Premises licences: specific cases: casino premises licence: overall limits] and the order under it.|
|(2) ||The authority shall then determine which of those applications to grant under section 154(1)(a).|
|(3) ||For that purpose the authority|
(a) shall determine which of the competing applications would, in the authority's opinion, be likely if granted to result in the greatest benefit to the authority's area,
(b) may enter into a written agreement with an applicant, whether as to the provision of services in respect of the authority's area or otherwise,
(c) may determine to attach conditions under section 160 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and
(d) may have regard to the effect of an agreement entered into under paragraph (b) in making the determination specified in paragraph (a).
|(4) ||Having determined to grant one or more applications under sub-paragraph (2) the authority shall|
(a) grant that application or those applications under section 154(1)(a), and
(b) reject the other competing applications under section 154(1)(b).
|(5) ||The list in section 155(1)(a) shall be treated as including any competing applicant whose application the authority decided provisionally to grant under paragraph 4.|
|6 ||(1) ||The Secretary of State may issue a code of practice about|
(a) the procedure to be followed in making the determinations required by paragraphs 4 and 5, and
(b) matters to which a licensing authority should have regard in making those determinations.
|(2) ||A licensing authority shall comply with a code of practice under sub-paragraph (1).|
|7 ||(1) ||Where a licensing authority issue a casino premises licence following a determination to grant an application in accordance with paragraph 5, a condition attached to the licence under section 160 may, in particular, give effect to any agreement entered into under paragraph 5(3)(b) above.|
(a) the condition shall refer to the agreement,
(b) a copy of the agreement shall be attached to the licence, and
(c) a variation of the agreement shall have effect only if accompanied by variation of the condition under section 173.
|8 || ||A reference in this Schedule to an application for a casino premises licence includes a reference to an application for a provisional statement where this Schedule would apply to an application for a premises licence made in reliance on the provisional statement.|
|9 ||(1) ||This paragraph applies where the process described in paragraphs 3 to 5 results in the issue of a provisional statement.|
|(2) ||Paragraphs 2 to 5 shall not apply by reason only of the fact that an application for a casino premises licence is made|
(a) in reliance on the provisional statement, and
|(3) ||The licensing authority may provide in the provisional statement for it to cease to have effect at the end of a specified period.|
|(4) ||A licensing authority may extend a period specified under sub-paragraph (3) on the application of the person to whom the provisional statement is issued; and|
(a) the Secretary of State may by regulations provide for the procedure to be followed in relation to an application under this subsection, and
(b) sections 192 to 195 shall apply but
|(i) ||with the omission of section 192(2)(a),|
|(ii) ||as if section 194(1) referred not to a determination or other action under this Part but to a provision included in a provisional statement under sub-paragraph (3) above, and|
|(iii) ||with any other necessary modifications.'.|
ORDER OF THE HOUSE [1st NOVEMBER 2004]
That the following provisions shall apply to the Gambling Bill:
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.
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]
(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.
|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|