Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 12 — Club Gaming Permits and Club Machine Permits
190

      (2)
A members club, commercial club or miners’ welfare institute may apply to
a licensing authority for a club machine permit.
2
An application must—
(a)
be made to a licensing authority in whose area the premises are
wholly or partly situated,
5
(b)
specify the premises in relation to which the permit is sought,
(c)
be made in the prescribed form and manner,
(d)
contain or be accompanied by the prescribed information and
documents, and
(e)
be accompanied by the prescribed fee.
10
3     (1)
A club or institute making an application for a permit must within the
prescribed time send a copy of the application and of any accompanying
documents to—
(a)
the Commission, and
(b)
the chief officer of police for any police area in which the premises
15
are wholly or partly situated.
      (2)
If a club or institute fails to comply with sub-paragraph (1) the application,
and any permit issued in response to it, shall have no effect.
Consideration of application
4
A person who receives a copy of an application for a permit in accordance
20
with paragraph 3 may object to the application within the prescribed period
of time and in the prescribed manner.
5
The licensing authority to whom an application for a permit is made shall
consider the application and—
(a)
grant it, or
25
(b)
refuse it.
6     (1)
A licensing authority may refuse an application for a permit only on one or
more of the following grounds (having regard to the matters mentioned in
paragraph 26)—
(a)
that the applicant is not—
30
(i)
in the case of an application for a club gaming permit, a
members’ club or a miners’ welfare institute, or
(ii)
in the case of an application for a club machine permit, a
members’ club, a commercial club or a miners’ welfare
institute,
35
(b)
that the premises on which the applicant conducts its activities are
used wholly or mainly by children, by young persons or by both,
(c)
that an offence, or a breach of a condition of a permit, has been
committed in the course of gaming activities carried on by the
applicant,
40
(d)
that a permit held by the applicant has been cancelled during the
period of ten years ending with the date of the application, or
(e)
that an objection to the application has been made under paragraph
4.

Gambling Bill
Schedule 12 — Club Gaming Permits and Club Machine Permits
191

      (2)
If a licensing authority are satisfied in relation to an application for a permit
of the matters specified in sub-paragraph (1)(a) or (b), they shall refuse the
application.
7     (1)
Before refusing an application for a permit a licensing authority must hold a
hearing to consider the application and any objection made under
5
paragraph 4.
      (2)
But a licensing authority may dispense with the requirement for a hearing
with the consent of—
(a)
the applicant, and
(b)
any person who has made (and not withdrawn) an objection under
10
paragraph 4.
8     (1)
Where a licensing authority grant an application for a permit they shall as
soon as is reasonably practicable—
(a)
give notice of their decision and, where an objection was made under
paragraph 4, of the reasons for it to—
15
(i)
the applicant,
(ii)
the Commission, and
(iii)
the chief officer of police for any area in which the premises
specified in the application are wholly or partly situated, and
(b)
issue the permit to the applicant in the prescribed form.
20
      (2)
A licensing authority may not attach conditions to a permit.
9
Where a licensing authority reject an application for a permit they shall as
soon as is reasonably practicable give notice of their decision and the reasons
for it to—
(a)
the applicant,
25
(b)
the Commission, and
(c)
the chief officer of police for any area in which the premises specified
in the application are wholly or partly situated.
Fast-track procedure for holder of club premises certificate
10    (1)
This paragraph applies to an application if—
30
(a)
the applicant for a permit is the holder of a club premises certificate
under section 72 of the Licensing Act 2003 (c. 17), and
(b)
the application asserts that paragraph (a) is satisfied and is
accompanied by the certificate.
      (2)
In the case of an application to which this paragraph applies—
35
(a)
paragraphs 3 to 6 shall not apply, and
(b)
paragraphs 7 and 8 shall apply with the omission of any reference to
objections.
      (3)
The authority to whom an application to which this paragraph applies is
made shall grant it unless they think—
40
(a)
that the applicant is established or conducted wholly or mainly for
the purposes of the provision of facilities for gaming, other than
gaming of a prescribed kind,
(b)
that the applicant is established or conducted wholly or mainly for
the purposes of the provision of facilities for gaming of a prescribed
45
kind and also provides facilities for gaming of another kind, or

Gambling Bill
Schedule 12 — Club Gaming Permits and Club Machine Permits
192

(c)
that a club gaming permit or club machine permit issued to the
applicant has been cancelled during the period of ten years ending
with the date of the application.
      (4)
Regulations prescribing anything for the purposes of this Act may, in
particular, make provision that differs in effect according to whether or not
5
a permit is granted in pursuance of an application to which this paragraph
applies.
      (5)
This paragraph does not apply to Scotland.
Maintenance
11
The holder of a permit shall keep it on the premises to which it relates.
10
12    (1)
An occupier of premises to which a permit relates commits an offence if
without reasonable excuse he fails to produce the permit on request for
inspection by—
(a)
a constable, or
(b)
an enforcement officer.
15
      (2)
A person guilty of an offence under sub-paragraph (1) shall be liable on
summary conviction to a fine not exceeding level 2 on the standard scale.
13    (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
20
(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.
      (3)
Sub-paragraph (1)(b) does not apply in relation to an anniversary of the
25
issue of a permit immediately before which the permit expires in accordance
with paragraph 16.
14    (1)
If information contained in a permit ceases to be accurate the holder of the
permit shall as soon as is reasonably practicable apply to the issuing
licensing authority to have the permit varied.
30
      (2)
An application under sub-paragraph (1) must be accompanied by—
(a)
the prescribed fee, and
(b)
either—
(i)
the permit, or
(ii)
a statement explaining why it is not reasonably practicable to
35
produce the permit.
      (3)
The licensing authority to whom an application is made under sub-
paragraph (1) shall issue a copy of the permit varied in accordance with the
application (and the copy shall be treated as if it were the original permit).
      (4)
The holder of a permit commits an offence if without reasonable excuse he
40
fails to comply with sub-paragraph (1).
      (5)
A person guilty of an offence under sub-paragraph (4) shall be liable on
summary conviction to a fine not exceeding level 2 on the standard scale.

Gambling Bill
Schedule 12 — Club Gaming Permits and Club Machine Permits
193

15    (1)
Where a permit is lost, stolen or damaged, the holder may apply to the
issuing licensing authority for a copy.
      (2)
An application under sub-paragraph (1) must be accompanied by the
prescribed fee.
      (3)
A licensing authority shall grant an application under sub-paragraph (1) if
5
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 sub-
10
paragraph (1) a licensing authority shall issue a copy of the permit certified
by the authority as a true copy (and the copy shall be treated as if it were the
original permit).
Duration
16    (1)
A permit shall cease to have effect at the end of the period of ten years
15
beginning with the date on which it is issued unless—
(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 23.
      (2)
But a permit issued in pursuance of an application to which paragraph 10
20
applies—
(a)
shall not cease to have effect by virtue of sub-paragraph (1),
(b)
may cease to have effect in accordance with paragraph 18, 20, 21 or
22, and
(c)
shall lapse if the club premises certificate on which the application
25
relied ceases to have effect.
17    (1)
If the holder of a permit ceases to be a members’ club (whether or not it
becomes a commercial club), a commercial club or a miners’ welfare
institute, the permit shall lapse.
      (2)
But this paragraph does not apply to a permit issued in pursuance of an
30
application to which paragraph 10 applies.
18    (1)
A permit shall cease to have effect upon being surrendered by notice given
by the holder of the permit to the issuing licensing authority.
      (2)
A notice under sub-paragraph (1) must be accompanied by—
(a)
the permit, or
35
(b)
a statement explaining why it is not reasonably practicable to
produce the permit.
19    (1)
The licensing authority which issues a permit shall as soon as is reasonably
practicable inform the persons specified in sub-paragraph (2) if the
authority—
40
(a)
believe that the permit has lapsed under paragraph 16(2)(c) or 17, or
(b)
receive notice of surrender under paragraph 18.
      (2)
The persons mentioned in sub-paragraph (1) are—
(a)
the Commission, and

Gambling Bill
Schedule 12 — Club Gaming Permits and Club Machine Permits
194

(b)
the chief officer of police for any area in which the premises to which
the permit relates are wholly or partly situated.
Cancellation and forfeiture
20    (1)
The licensing authority which issued a permit may cancel it if the authority
think—
5
(a)
that the premises on which the holder of the permit conducts its
activities are used wholly or mainly by children, by young persons
or by both, or
(b)
that an offence, or a breach of a condition of a permit, has been
committed in the course of gaming activities carried on by the holder
10
of the permit.
      (2)
Before cancelling a permit under this paragraph a licensing authority shall—
(a)
give the holder of the permit at least 21 days’ notice of the authority’s
intention to consider cancelling the permit,
(b)
consider any representations made by the holder,
15
(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 they shall as soon as is reasonably
practicable give notice of the cancellation and the reasons for it to—
20
(a)
the holder,
(b)
the Commission, and
(c)
the chief officer of police for any area in which the premises to which
the permit relates are wholly or partly situated.
      (4)
The cancellation of a permit shall not take effect until—
25
(a)
the period specified in paragraph 24(5)(c) has expired without an
appeal being brought, or
(b)
any appeal brought has been determined.
21    (1)
The licensing authority which issued a permit shall cancel it if the holder
fails to pay the annual fee in accordance with paragraph 13.
30
      (2)
But a licensing authority may disapply sub-paragraph (1) if they think that
a failure to pay is attributable to administrative error.
22    (1)
Where the holder of a permit, or an officer of the holder of a permit, is
convicted of an offence under this Act by or before a court in Great Britain,
the court may order forfeiture of the permit.
35
      (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
40
(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 sub-
paragraph (1).

Gambling Bill
Schedule 12 — Club Gaming Permits and Club Machine Permits
195

      (4)
The terms on which a forfeiture order is made under this paragraph shall, in
particular, include a requirement that the holder deliver to the licensing
authority who issued the permit, within such time as the order may
specify—
(a)
the permit, or
5
(b)
a statement explaining why it is not reasonably practicable to
produce the permit.
      (5)
As soon as is reasonably practicable after making an order for forfeiture
under this paragraph the court shall notify the licensing authority who
issued the permit.
10
Renewal
23    (1)
The holder of a permit may apply to the issuing authority for its renewal.
      (2)
An application for the renewal of a permit may not be made—
(a)
before the period of three months ending with the date on which the
permit would otherwise expire, or
15
(b)
after the beginning of the period of six weeks 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
relation to an application for a permit.
      (4)
Paragraph 16 shall have effect in relation to a renewed permit with the
20
substitution of the date of renewal for the date of issue.
      (5)
A permit shall not cease to have effect by virtue only of paragraph 16
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
25
permit is pending.
Appeal
24    (1)
Where a licensing authority reject an application for the issue or renewal of
a permit the applicant may appeal.
      (2)
Where a licensing authority grant an application for the issue or renewal of
30
a permit in relation to which an objection was made under paragraph 4, the
person who made the objection may appeal.
      (3)
Where a licensing authority cancel a permit the holder may appeal.
      (4)
Where a licensing authority determine not to cancel a permit, any person
who in accordance with regulations under paragraph 20(2)(d) made
35
representations to the authority in connection with their consideration
whether to cancel the permit may appeal.
      (5)
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,
40
(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 notice of the decision against which the appeal is
brought.

Gambling Bill
Schedule 12 — Club Gaming Permits and Club Machine Permits
196

      (6)
On an appeal a magistrates’ court may—
(a)
dismiss the appeal;
(b)
substitute for the decision appealed against any decision that the
licensing authority could have made;
(c)
restore a permit (with effect from such date and on such transitional
5
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.
      (7)
In relation to premises in Scotland—
10
(a)
sub-paragraph (5)(a) shall have effect as if it referred to a sheriff
within whose sheriffdom the premises are wholly or partly situated,
(b)
sub-paragraph (5)(b) shall not have effect,
(c)
the reference in sub-paragraph (6) to the magistrates’ court shall
have effect as a reference to the sheriff, and
15
(d)
the reference in sub-paragraph (6)(e) to costs shall have effect as a
reference to expenses.
      (8)
Sub-paragraphs (1) to (4) apply to a decision of a licensing authority
following remittal under sub-paragraph (4)(c) above.
Register
20
25    (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
25
(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.
30
      (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
35
information about permits issued by them;
(b)
requiring the Commission to maintain a register of the information
provided to it under paragraph (a);
(c)
requiring the Commission to grant access to the register to members
of the public (without charge);
40
(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).
45