Gambling Bill

House of Commons

Session 2004 - 05
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Gambling Bill

Gambling Bill
Schedule 9 — Applications for Casino Premises Licences
169

Council on Tribunals
14
In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53)
(tribunals under general supervision of Council) the following shall be
inserted before paragraph 22—

“Gambling appeals
21C. The Gambling Appeals

5

Tribunal established by

section 137 of the Gambling

Act 2005.”

Schedule 9
Section170

Applications for Casino Premises Licences
10
Introduction
1     (1)
This Schedule applies to an application for a casino premises licence of a
kind in respect of which a limit under section 170 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
15
licence (despite sections 178(3) and 179(2)).
Competition for licences
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.
20
      (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.
25
Two-stage consideration
3
Paragraph 4 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
30
(b)
as a result of section 170 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 158 if section 170 did not apply.
      (2)
For that purpose—
35
(a)
the authority shall not have regard to whether any of the other
competing applications is more deserving of being granted,

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Schedule 9 — Applications for Casino Premises Licences
170

(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 158(1)(a) and 197(2) of a reference
to a provisional decision to grant an application subject to the
5
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 170 and the order under
it.
10
      (2)
The authority shall then determine which of those applications to grant
under section 158(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
15
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 164 to any licence
20
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).
25
      (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 158(1)(a),
and
(b)
reject the other competing applications under section 158(1)(b).
30
      (5)
The list in section 159(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
35
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).
40
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 164 may, in particular, give
effect to any agreement entered into under paragraph 5(3)(b) above.
      (2)
In that case—
45
(a)
the condition shall refer to the agreement,
(b)
a copy of the agreement shall be attached to the licence, and

Gambling Bill
Schedule 10 — Family Entertainment Centre Gaming Machine Permits
171

(c)
a variation of the agreement shall have effect only if accompanied by
variation of the condition under section 178.
Provisional statements
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
5
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
10
application for a casino premises licence is made—
(a)
in reliance on the provisional statement, and
(b)
while it has effect.
      (3)
The licensing authority may provide in the provisional statement for it to
cease to have effect at the end of a specified period.
15
      (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
20
(b)
sections 197 to 200 shall apply but—
(i)
with the omission of section 197(2)(a),
(ii)
as if section 199(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
25
(iii)
with any other necessary modifications.
Schedule 10
Section 237

Family Entertainment Centre Gaming Machine Permits
Interpretation
1
In this Schedule—
30
“holder”, in relation to a permit, means the person to whom the permit
is issued,
“the licensing authority”—
(a)
in relation to an application, means the licensing authority to
whom the application is made, and
35
(b)
in relation to a permit, means the licensing authority who issue
it,
“permit” means a family entertainment centre gaming machine permit,
“the premises”, in relation to an application or permit, means the
premises in respect of which the permit is sought or issued, and
40
“prescribed” means prescribed by regulations made by the Secretary of
State except that in paragraph 5(d) it means, where the application is

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Schedule 10 — Family Entertainment Centre Gaming Machine Permits
172

made to a licensing authority in Scotland, prescribed by regulations
made by the Scottish Ministers.
Making of application
2     (1)
An application for a permit may be made only by a person who—
(a)
occupies or proposes to occupy the premises, and
5
(b)
proposes to use the premises as an unlicensed family entertainment
centre.
      (2)
If the applicant for a permit is an individual, he must be an adult.
3
An application for a permit may not be made if a premises licence has effect
in respect of the premises.
10
4
An application for a permit must be made to a licensing authority in whose
area the premises are wholly or partly situated.
5
An application for a permit must—
(a)
be made in such form and manner as the licensing authority may
direct,
15
(b)
specify the premises in respect of which the permit is sought,
(c)
contain or be accompanied by such other information or documents
as the licensing authority may direct, and
(d)
be accompanied by the prescribed fee.
Consideration of application
20
6
Section 150 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.
7     (1)
A licensing authority may prepare a statement of principles that they
propose to apply in exercising their functions under this Schedule.
25
      (2)
A statement under sub-paragraph (1) may, in particular, specify matters that
the licensing authority proposes to consider in determining the suitability of
an applicant for a permit.
      (3)
In exercising their functions under this Schedule a licensing authority—
(a)
need not (but may) have regard to the licensing objectives, and
30
(b)
shall have regard to any relevant guidance issued by the
Commission under section 25.
Determination of application
8     (1)
On considering an application for a permit a licensing authority may—
(a)
grant it, or
35
(b)
refuse it.
      (2)
A licensing authority may not attach conditions to a permit.
      (3)
As soon as is reasonably practicable after granting an application a licensing
authority shall issue a permit to the applicant.
      (4)
As soon as is reasonably practicable after refusing an application a licensing
40
authority shall notify the applicant of—

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Schedule 10 — Family Entertainment Centre Gaming Machine Permits
173

(a)
the refusal, and
(b)
the reasons for it.
9
A licensing authority may grant an application for a permit only if they—
(a)
are satisfied that the applicant intends to use the premises as an
unlicensed family entertainment centre, and
5
(b)
have consulted the chief officer of police for a police area in which the
premises are wholly or partly situated.
10    (1)
A licensing authority may not refuse an application unless they have—
(a)
notified the applicant of their intention to refuse the application and
of their reasons, and
10
(b)
given the applicant an opportunity to make representations.
      (2)
A licensing authority may satisfy sub-paragraph (1)(b) by giving the
applicant an opportunity to make—
(a)
oral representations,
(b)
written representations, or
15
(c)
both.
Form of permit
11    (1)
A permit must specify—
(a)
the person to whom it is issued,
(b)
the premises, and
20
(c)
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
25
(b)
the licensing authority shall comply with the request and return the
permit to the holder.
Duration
12
A permit shall cease to have effect at the end of the period of ten years
beginning with the date specified under paragraph 11(1)(c) unless—
30
(a)
it ceases to have effect before that time in accordance with a
provision of this Schedule, or
(b)
it is renewed in accordance with paragraph 18.
13    (1)
A permit shall lapse if the holder ceases to occupy the premises specified
under paragraph 11(1)(b).
35
      (2)
A permit shall not take effect if on the date specified under paragraph
11(1)(c) the person to whom the permit is issued is not an occupier of the
premises specified under paragraph 11(1)(b).
14
A permit shall lapse if the licensing authority notify the holder that the
premises are not being used as a family entertainment centre.
40
15    (1)
A permit held by an individual shall lapse if—
(a)
he dies,

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Schedule 10 — Family Entertainment Centre Gaming Machine Permits
174

(b)
he becomes, in the opinion of the licensing authority as notified to
him, incapable of carrying on the activities authorised by the permit
by reason of mental or physical incapacity,
(c)
he becomes bankrupt (within the meaning of section 381 of the
Insolvency Act 1986 (c. 45)), or
5
(d)
sequestration of his estate is awarded under section 12(1) of the
Bankruptcy (Scotland) Act 1985 (c. 66).
      (2)
In any other case a permit shall lapse if the holder—
(a)
ceases to exist, or
(b)
goes into liquidation (within the meaning of section 247(2) of the
10
Insolvency Act 1986).
      (3)
During the period of six months beginning with the date on which a permit
lapses under this paragraph the following may rely on it as if it had effect
and were issued to them—
(a)
the personal representatives of the holder (in the case of an
15
individual holder who dies),
(b)
the trustee of the bankrupt’s estate (in the case of an individual
holder who becomes bankrupt), and
(c)
the liquidator of the company (in the case of a company holder that
goes into liquidation).
20
16
A permit shall cease to have effect if the holder gives to the licensing
authority—
(a)
notice of surrender, and
(b)
either—
(i)
the permit, or
25
(ii)
a statement explaining why it is not reasonably practicable to
produce the permit.
17    (1)
Where the holder of a permit 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
30
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.
35
      (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 holder of the permit deliver to the
40
licensing authority within such time as the order may specify—
(a)
the permit, or
(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
45
forfeiture under this paragraph a court shall notify the licensing authority.

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Schedule 10 — Family Entertainment Centre Gaming Machine Permits
175

Renewal
18    (1)
The holder of a permit may apply to the licensing authority for renewal of
the permit.
      (2)
An application for renewal may not be made—
(a)
before the period of six months ending with the date on which the
5
permit would otherwise expire in accordance with paragraph 12, or
(b)
after the beginning of the period of two months ending with that
date.
      (3)
The provisions of this Schedule shall have effect (with any necessary
modifications) in relation to an application for renewal as they have effect in
10
relation to an application for a permit.
      (4)
A licensing authority may refuse an application for renewal of a permit only
on the grounds—
(a)
that an authorised local authority officer has been refused access to
the premises without reasonable excuse, or
15
(b)
that renewal would not be reasonably consistent with pursuit of the
licensing objectives.
      (5)
Paragraph 12 shall have effect in relation to a renewed permit as if the date
of renewal were the date specified under paragraph 11(1)(c).
      (6)
A permit shall not cease to have effect by virtue only of paragraph 12
20
while—
(a)
an application for renewal of the permit is pending, or
(b)
an appeal against a decision on an application for renewal of the
permit is pending.
Maintenance
25
19
The holder of a permit shall keep it on the premises.
20    (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—
(a)
a constable,
30
(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.
21    (1)
Where a permit is lost, stolen or damaged, the holder may apply to the
35
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—
40
(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.