Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 13 — Pub Gaming Machine Permits
197

Exercise of functions by licensing authority: general
26
In exercising a function under this Schedule a licensing authority shall have
regard to—
(a)
any relevant guidance under section 25, and
(b)
subject to paragraph (a), the licensing objectives.
5
27    (1)
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.
      (2)
In the application of section 150 to this Schedule the following shall be
substituted for the list of functions in subsection (4) (which itself substitutes
10
a list of functions for that in section 10(4) of the Licensing Act 2003)—
(a)
determination of an application for a permit in respect of which an
objection has been made under this Schedule (and not withdrawn),
and
(b)
cancellation of a permit under paragraph 20.
15
Vehicles and vessels
28
A club gaming permit or club machine permit may not be issued in respect
of a vehicle or vessel (or part of a vehicle or vessel).
Interpretation
29
In this Schedule “prescribed” means prescribed by the Secretary of State by
20
regulations except that in paragraphs 1(2)(e), 14(2)(a) and 15(2) it means,
where the application in question is made to a licensing authority in
Scotland, prescribed by the Scottish Ministers by regulations.
30
This Schedule shall, in its application to Scotland, have effect as if references
to a chief officer of police were references to a chief constable.
25
Schedule 13
Section 274

Pub Gaming Machine Permits
Making of application
1     (1)
A person who applies to a licensing authority for an on-premises alcohol
licence or who holds an on-premises alcohol licence issued by a licensing
30
authority may apply to that licensing authority for a pub gaming machine
permit.
      (2)
An application may not be made under this Schedule if a licence under Part
8 has effect in relation to the premises.
2
An application for a permit must—
35
(a)
be made in such form and manner as the licensing authority may
direct,
(b)
specify the premises in respect of which the permit is sought,
(c)
specify the number and category of gaming machines in respect of
which the permit is sought,
40

Gambling Bill
Schedule 13 — Pub Gaming Machine Permits
198

(d)
contain or be accompanied by such other information or documents
as the licensing authority may direct, and
(e)
be accompanied by the prescribed fee.
3
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
5
licensing authority under Part 8.
4     (1)
A licensing authority to whom an application is made under this Schedule
shall consider it having regard to the licensing objectives, any relevant
guidance issued by the Commission under section 25 and such other matters
as they think relevant.
10
      (2)
On considering an application for a permit a licensing authority shall—
(a)
grant the application,
(b)
refuse the application, or
(c)
grant it in respect of—
(i)
a smaller number of machines than that specified in the
15
application,
(ii)
a different category of machines from that specified in the
application, or
(iii)
both.
5     (1)
A licensing authority may not attach conditions to a permit.
20
      (2)
As soon as is reasonably practicable after granting an application, a licensing
authority shall issue a permit to the applicant.
      (3)
As soon as is reasonably practicable after refusing an application a licensing
authority shall notify the applicant of—
(a)
the refusal, and
25
(b)
the reasons for it.
6     (1)
A licensing authority may grant an application under this Schedule only if
the applicant holds an on-premises alcohol licence.
      (2)
A licensing authority may not refuse an application, or grant an application
in respect of a different category or smaller number of gaming machines
30
than that specified in the application, unless they have—
(a)
notified the applicant of their intention to refuse the application, or
grant the application in respect of—
(i)
a smaller number of machines than that specified in the
application,
35
(ii)
a different category of machines from that specified in the
application, or
(iii)
both, and
(b)
given the applicant an opportunity to make representations.
      (3)
A licensing authority may satisfy sub-paragraph (2)(b) by giving the
40
applicant an opportunity to make—
(a)
oral representations,
(b)
written representations, or
(c)
both.
      (4)
Sub-paragraph (2)(b) shall not apply in respect of a refusal if the refusal was
45
by virtue of sub-paragraph (1).

Gambling Bill
Schedule 13 — Pub Gaming Machine Permits
199

Form of permit
7     (1)
A permit must specify—
(a)
the person to whom it is issued,
(b)
the premises,
(c)
the number and category of gaming machines which it authorises,
5
and
(d)
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
10
a new name be substituted for the old name, and
(b)
the licensing authority shall comply with the request and return the
permit to the holder.
Maintenance
8
The holder of a permit shall keep it on the premises to which it relates.
15
9     (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
(b)
shall pay an annual fee to the issuing licensing authority before each
anniversary of the issue of the permit.
20
      (2)
In this paragraph “annual fee” means a fee of such amount as may be
prescribed.
10    (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 —
25
(a)
a constable,
(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.
30
11    (1)
Where a permit is lost, stolen or damaged, the holder may apply to the
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
35
shall grant it if 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 this
40
paragraph a licensing authority shall issue a copy of the permit certified by
the authority as a true copy.

Gambling Bill
Schedule 13 — Pub Gaming Machine Permits
200

      (5)
A copy of a permit issued under this paragraph shall be treated as if it were
the permit.
12
A permit shall continue to have effect unless and until it ceases to have effect
in accordance with a provision of this Schedule.
13
A permit shall cease to have effect if—
5
(a)
an on-premises alcohol licence ceases to have effect with respect to
the premises to which it relates, or
(b)
the permit holder ceases to be the holder of an on-premises alcohol
licence.
14
A permit shall cease to have effect if the permit holder gives to the licensing
10
authority—
(a)
notice of surrender, and
(b)
either—
(i)
the permit, or
(ii)
a statement explaining why it is not reasonably practicable to
15
produce the permit.
Cancellation and forfeiture
15    (1)
The licensing authority which issued a permit may cancel it if they think
that—
(a)
gaming machines on the premises are being used by children or
20
young persons,
(b)
gaming machines are being made available for use on the premises
otherwise than in accordance with the permit, or
(c)
an offence under this Act has been committed on the premises.
      (2)
Before cancelling a permit under this paragraph a licensing authority shall—
25
(a)
give the permit holder at least 21 days’ notice of the authority’s
intention to consider cancelling the permit,
(b)
consider any representations made by the holder,
(c)
hold a hearing if the holder requests one, and
(d)
comply with any prescribed requirements for the procedure to be
30
followed in considering whether to cancel a permit.
      (3)
If a licensing authority cancel a permit under this paragraph they shall as
soon as is reasonably practicable give notice of the cancellation and the
reasons for it to—
(a)
the permit holder, and
35
(b)
the Commission.
      (4)
The cancellation of a permit shall not take effect until—
(a)
the period specified in paragraph 20 has expired without an appeal
being brought, or
(b)
any appeal brought has been determined.
40
16    (1)
The licensing authority which issued a permit shall cancel it if the holder
fails to pay the annual fee in accordance with paragraph 9.
      (2)
But a licensing authority may disapply sub-paragraph (1) if they think that
a failure to pay is attributable to administrative error.

Gambling Bill
Schedule 13 — Pub Gaming Machine Permits
201

17    (1)
Where a permit holder, or the officer of a permit holder, 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
terms as to suspension) as may be specified by—
5
(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.
      (3)
Subject to any express provision made under sub-paragraph (2), a permit
10
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 permit holder deliver to the
licensing authority within such time as the order may specify—
15
(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
forfeiture under this paragraph a court shall notify the licensing authority.
20
Transfer of permit
18    (1)
A person may apply for the transfer of a permit to him if—
(a)
he is applying for the transfer of an on-premises alcohol licence to
him in accordance with—
(i)
section 42 of the Licensing Act 2003 (c. 17) (application for
25
transfer), or
(ii)
section 50 of that Act (transfer following death of holder), and
(b)
a permit has effect in respect of the same premises.
      (2)
The provisions of this Schedule shall have effect (with any necessary
modifications) in relation to an application for the transfer of a permit as
30
they have effect in relation to an application for the issue of a permit.
      (3)
A person applying for the transfer of a permit to him must supply with his
application—
(a)
the permit, or
(b)
a statement explaining why it is not reasonably practicable to
35
produce the permit.
      (4)
A licensing authority may not approve an application for the transfer of a
permit under this paragraph unless the transfer of the on-premises alcohol
licence is approved under section 45 of the Licensing Act 2003
(determination of application).
40
      (5)
Where a licensing authority refuse an application for the transfer of a permit
under this paragraph by virtue of sub-paragraph (4), the provisions of
paragraph 6(2)(b) shall not apply to the refusal.
19    (1)
This paragraph applies where—

Gambling Bill
Schedule 13 — Pub Gaming Machine Permits
202

(a)
the transfer of an on-premises alcohol licence is to be given
immediate effect under section 43 of the Licensing Act 2003 (interim
effect of transfer application), and
(b)
the applicant has also made an application under paragraph 18.
      (2)
A permit in respect of those premises shall have effect during the application
5
period as if the applicant for the transfer were the permit holder.
      (3)
In this paragraph “application period” has the same meaning as in section 43
of the Licensing Act 2003 (c. 17).
Appeal
20    (1)
The applicant for or holder of a permit may appeal if the licensing
10
authority—
(a)
reject an application for a permit, or
(b)
give a notice under paragraph 15.
      (2)
An appeal under this paragraph must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the
15
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 or holder receives notice of the decision against which the
appeal is brought.
20
      (3)
On an appeal the magistrates’ court may—
(a)
dismiss the appeal;
(b)
substitute for the decision appealed against any decision that the
licensing authority could have made (with effect from such date and
on such transitional or other terms as the court may specify);
25
(c)
restore a permit (with effect from such date and on such transitional
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.
30
      (4)
Sub-paragraph (1) applies to a decision of a licensing authority following
remittal under sub-paragraph (3)(d).
Register
21    (1)
A licensing authority shall—
(a)
maintain a register of permits issued by the authority together with
35
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
(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.
40
      (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.
      (3)
The Secretary of State may make regulations about—

Gambling Bill
Schedule 14 — Prize Gaming Permits
203

(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
information about permits issued by them;
5
(b)
requiring the Commission to maintain a register provided to it under
paragraph (a);
(c)
requiring the Commission to grant access to teh register to members
of the public (without charge);
(d)
requiring the Commission to make copies of entries available on
10
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).
Interpretation
15
22
In this Schedule—
“permit” means a pub gaming machine permit, and
“prescribed” means prescribed by regulations made by the Secretary of
State.
Schedule 14
20
Section 279

Prize Gaming Permits
Interpretation
1
In this Schedule—
“holder”, in relation to a permit, means the person to whom the permit
is issued,
25
“the licensing authority”—
(a)
in relation to an application, means the licensing authority to
whom the application is made, and
(b)
in relation to a permit, means the licensing authority who issue
it,
30
“permit” means a prize gaming permit,
“the premises”, in relation to an application or permit, means the
premises in respect of which the permit is sought or issued, and
“prescribed” means prescribed by regulations made by the Secretary of
State except that in paragraphs 5 and 20(2) it means, where the
35
application in question is made to a licensing authority in Scotland,
prescribed by regulations made by the Scottish Ministers.
2
This Schedule shall, in its application to Scotland, have effect as if references
to a chief officer of police were references to a chief constable.