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|
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(1) | A temporary use notice— |
| |
(a) | may not be given in respect of a vehicle (or part of a vehicle), |
| |
(b) | may be given in respect of all or part of a passenger vessel, |
| |
(c) | may be given in respect of all or part of a vessel (within the meaning of |
| 5 |
section 340(1)) situated at a fixed place in or on water, and |
| |
(d) | may not be given in respect of all or part of a vessel to which neither of |
| |
paragraphs (b) and (c) applies. |
| |
(2) | In relation to a vessel, a reference in this Part to a place in which premises are |
| |
wholly or partly situated shall be construed— |
| 10 |
(a) | in the case of a vessel (within the meaning of section 340(1)) situated at |
| |
a fixed place in or on water, as a reference to that place, |
| |
(b) | in the case of a vessel which is permanently moored at a place, as a |
| |
| |
(c) | in the case of a vessel which is habitually moored at one place more |
| 15 |
frequently or for longer periods than at any other place, as a reference |
| |
| |
(d) | in any other case, as a reference to any place at which a vessel is moored |
| |
or is likely to be moored, or to the place in the United Kingdom nearest |
| |
to any place at which a vessel is or is likely to be, while activities are |
| 20 |
carried on in the vessel in reliance on a temporary use notice. |
| |
(3) | In relation to a vessel, the following are responsible authorities for the |
| |
purposes of this Part (in addition to the persons listed in section 152)— |
| |
(a) | a navigation authority, within the meaning of section 221(1) of the |
| |
Water Resources Act 1991 (c. 57), which has functions in relation to any |
| 25 |
place at which a vessel is moored or is likely to be moored, or to the |
| |
place in the United Kingdom nearest to any place at which a vessel is or |
| |
is likely to be, while activities are carried on in the vessel in reliance on |
| |
| |
(b) | the Environment Agency, |
| 30 |
(c) | the British Waterways Board, and |
| |
(d) | the Secretary of State. |
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223 | Delegation of licensing authority functions |
| |
(1) | The functions under this Part of a licensing authority in England and Wales are |
| |
by virtue of this subsection delegated to the licensing committee of the |
| 35 |
authority established under section 6 of the Licensing Act 2003 (c. 17). |
| |
(2) | The following provisions of the Licensing Act 2003 shall apply in relation to a |
| |
function delegated to a licensing committee under this section as they apply in |
| |
relation to a function delegated under that Act— |
| |
(a) | section 7(9) (referral back to licensing authority), and |
| 40 |
(b) | section 10 (sub-delegation). |
| |
(3) | In the application of section 10(4) of that Act (matters not to be delegated to |
| |
officer) by virtue of subsection (2) above, for the list of functions there shall be |
| |
substituted a reference to any function under section 215 of this Act. |
| |
(4) | The provisions of section 9 of that Act and regulations under it apply to |
| 45 |
proceedings of licensing committees and their sub-committees in relation to |
| |
|
| |
|
| |
|
the exercise of functions under this Part; and for that purpose regulations may, |
| |
in particular, make provision which applies— |
| |
(a) | only in relation to functions under that Act, |
| |
(b) | only in relation to functions under this Part, or |
| |
(c) | differently in relation to functions under that Act and functions under |
| 5 |
| |
| |
(1) | A licensing authority shall— |
| |
(a) | maintain a register of temporary use notices given to them together |
| |
with such other information as may be prescribed, |
| 10 |
(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 |
| 15 |
information unless the person seeking it pays a reasonable fee specified by the |
| |
| |
(3) | The Secretary of State may make regulations about— |
| |
(a) | the form of the register; |
| |
(b) | the manner in which it is maintained. |
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(4) | The Secretary of State may make regulations— |
| |
(a) | requiring licensing authorities to give to the Commission specified |
| |
information about temporary use notices given to them, |
| |
(b) | requiring the Commission to maintain a register of the information |
| |
provided to it under paragraph (a), |
| 25 |
(c) | requiring the Commission to grant access to the 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, |
| |
| 30 |
(e) | excusing licensing authorities, wholly or partly, from compliance with |
| |
| |
| |
| |
| 35 |
| |
(1) | In this Act “gaming machine” means a machine which is designed or adapted |
| |
for use by individuals to gamble (whether or not it can also be used for other |
| |
| |
| 40 |
(a) | a domestic or dual-use computer is not a gaming machine by reason |
| |
only of the fact that it can be used to participate in remote gambling, |
| |
|
| |
|
| |
|
(b) | a telephone or other machine for facilitating communication is not a |
| |
gaming machine by reason only of the fact that it may be used to |
| |
participate in remote gambling, |
| |
(c) | a machine is not a gaming machine by reason only of the fact that it is |
| |
designed or adapted for use to bet on real events, |
| 5 |
(d) | a machine is not a gaming machine by reason only of the fact that it |
| |
dispenses lottery tickets or otherwise enables a person to enter a lottery |
| |
the results of which are neither— |
| |
(i) | determined by the machine, nor |
| |
(ii) | announced by being displayed by the machine, |
| 10 |
(e) | a machine is not a gaming machine if— |
| |
(i) | it is designed or adapted for the playing of bingo, and |
| |
(ii) | it is used in accordance with a condition attached to a bingo |
| |
operating licence under section 75 by virtue of section 83(2)(b), |
| |
| 15 |
(f) | a machine is not a gaming machine by reason only of the fact that it is |
| |
designed or adapted to be— |
| |
(i) | controlled or operated by an individual employed or concerned |
| |
in arranging for others to play a real game of chance, or |
| |
(ii) | used in connection with a real game of chance the arrangements |
| 20 |
for which are controlled or operated by an individual. |
| |
(3) | Despite subsection (2)(f), a machine is a gaming machine if— |
| |
(a) | it is designed or adapted to enable individuals to play a real game of |
| |
| |
(b) | its design or adaptation is such that it does not require to be controlled |
| 25 |
or operated by a person employed or concerned in arranging for others |
| |
| |
(c) | it is not designed or adapted for use in connection with a game the |
| |
arrangements for which are controlled or operated by an individual. |
| |
| 30 |
(a) | a reference to a machine is a reference to any apparatus which uses or |
| |
applies mechanical power, electrical power or both, |
| |
(b) | a reference to a part of a gaming machine— |
| |
(i) | includes a reference to any computer software designed or |
| |
adapted for use in a gaming machine, but |
| 35 |
(ii) | does not include a reference to a component of a gaming |
| |
machine which does not influence the outcome of a game, |
| |
(c) | a reference to installing a part of a gaming machine includes a reference |
| |
to installing computer software for the purpose of altering the |
| |
operation of a gaming machine, |
| 40 |
(d) | a reference to adapting a gaming machine includes a reference to |
| |
adapting a machine so that it becomes a gaming machine, and |
| |
(e) | “domestic computer” and “dual-use” computer shall have the |
| |
meanings assigned by the Secretary of State by regulations. |
| |
(5) | Regulations under subsection (4)(e) may, in particular, make provision by |
| 45 |
| |
(a) | the location of a computer, |
| |
(b) | the purposes for which a computer is used, |
| |
(c) | the circumstances in which a computer is used, |
| |
|
| |
|
| |
|
(d) | the software installed on a computer, or |
| |
| |
226 | Gaming machines: Categories A to D |
| |
(1) | The Secretary of State shall make regulations defining four classes of gaming |
| |
machine for the purposes of this Act (to be known as Categories A, B, C, and |
| 5 |
| |
(2) | Regulations under subsection (1) shall— |
| |
(a) | divide Category B into sub-categories, and |
| |
(b) | make provision for determining to which sub-category (or sub- |
| |
categories) of Category B a reference in this Act to Category B shall be |
| 10 |
| |
(3) | Regulations under subsection (1) shall operate by reference to the nature of the |
| |
facilities for gambling provided by the machine. |
| |
(4) | Regulations under subsection (1) may, in particular, make provision by |
| |
| 15 |
(a) | amounts paid in respect of the use of a machine; |
| |
| |
(c) | the nature of prizes; |
| |
(d) | the premises where a machine is used. |
| |
(5) | Regulations under subsection (1) may identify matters (whether or not |
| 20 |
addressed by other provisions of the regulations) as to which a condition may |
| |
not be attached to an operating licence or to a premises licence. |
| |
(6) | In accordance with regulations under subsection (1) a machine may change |
| |
category as a result of a change of the mechanism, or the loading or removal of |
| |
software, which alters the nature of the facilities for gambling provided by the |
| 25 |
| |
| |
In this Act “adult gaming centre” means premises in respect of which an adult |
| |
gaming centre premises licence has effect. |
| |
228 | Family entertainment centre |
| 30 |
| |
“family entertainment centre” means premises (other than an adult |
| |
gaming centre) wholly or mainly used for making gaming machines |
| |
| |
“licensed family entertainment centre” means premises in respect of |
| 35 |
which a family entertainment centre premises licence has effect. |
| |
| |
In this Act “prize” in relation to a gaming machine— |
| |
(a) | includes any money, article, right or service won, whether or not |
| |
described as a prize, but |
| 40 |
(b) | does not include an opportunity to play the machine again. |
| |
|
| |
|