Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Schedule 14 — Prize Gaming Permits
204

Making of application
3     (1)
An application for a permit may be made only by a person who occupies or
proposes to occupy the premises.
      (2)
If the applicant for a permit is an individual, he must be an adult.
4
An application for a permit may not be made if—
5
(a)
a premises licence has effect in respect of the premises, or
(b)
a club gaming permit has effect in respect of the premises.
5
An application for a permit must be made to a licensing authority in whose
area the premises are wholly or partly situated.
6
An application for a permit must—
10
(a)
be made in such form and manner as the licensing authority may
direct,
(b)
specify the premises,
(c)
specify the nature of the gaming in respect of which the permit is
sought,
15
(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.
Consideration of application
7
Section 150 shall have effect in relation to functions of a licensing authority
20
under this Schedule as it has effect in relation to the functions of a licensing
authority under Part 8.
8     (1)
A licensing authority may prepare a statement of principles that they
propose to apply in exercising their functions under this Schedule.
      (2)
A statement under sub-paragraph (1) may, in particular, specify matters that
25
the licensing authority propose 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
(b)
shall have regard to any relevant guidance issued by the
30
Commission under section 25.
Determination of application
9     (1)
On considering an application for a permit a licensing authority may—
(a)
grant it, or
(b)
refuse it.
35
      (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
authority shall notify the applicant of—
40
(a)
the refusal, and

Gambling Bill
Schedule 14 — Prize Gaming Permits
205

(b)
the reasons for it.
10
A licensing authority may grant an application for a permit only if they have
consulted the chief officer of police for a police area in which the premises
are wholly or partly situated.
11    (1)
A licensing authority may not refuse an application unless they have—
5
(a)
notified the applicant of their intention to refuse the application and
of their reasons, and
(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—
10
(a)
oral representations,
(b)
written representations, or
(c)
both.
Form of permit
12    (1)
A permit must specify—
15
(a)
the person to whom it is issued,
(b)
the nature of the gaming in respect of which it has effect,
(c)
the premises, 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
20
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
(b)
the licensing authority shall comply with the request and return the
permit to the holder.
25
Duration
13
A permit shall cease to have effect at the end of the period of ten years
beginning with the date specified under paragraph 12(1)(d) unless—
(a)
it ceases to have effect before that time in accordance with a
provision of this Schedule, or
30
(b)
it is renewed in accordance with paragraph 18.
14    (1)
A permit shall lapse if the holder ceases to occupy the premises specified
under paragraph 12(1)(c).
      (2)
A permit shall not take effect if on the date specified under paragraph
12(1)(d) the person to whom the permit is issued is not an occupier of the
35
premises specified under paragraph 12(1)(c).
15    (1)
A permit held by an individual shall lapse if—
(a)
he dies,
(b)
he becomes, in the opinion of the licensing authority as notified to
the individual, incapable of carrying on the activities authorised by
40
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

Gambling Bill
Schedule 14 — Prize Gaming Permits
206

(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 that
5
Act).
      (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
10
individual holder who dies),
(b)
the trustee of the bankrupt’s estate (in the case of an individual
holder who becomes bankrupt),
(c)
the holder’s interim or permanent trustee (in the case of an
individual holder whose estate is sequestrated), and
15
(d)
the liquidator of the company (in the case of a company holder that
goes into liquidation).
      (4)
In relation to premises in Scotland—
(a)
sub-paragraph (2)(a) shall have effect as if it referred to a sheriff
within whose sheriffdom the premises are wholly or partly situated,
20
(b)
sub-paragraph (2)(b) shall not have effect,
(c)
the reference in sub-paragraph (3) to a magistrate’s court shall have
effect as a reference to the sheriff, and
(d)
the reference in sub-paragraph (3)(d) to costs shall have effect as a
reference to expenses.
25
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
30
(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
35
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.
40
      (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
45
licensing authority within such time as the order may specify—
(a)
the permit, or

Gambling Bill
Schedule 14 — Prize Gaming Permits
207

(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.
Renewal
5
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
permit would otherwise expire in accordance with paragraph 13, or
10
(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
relation to an application for a permit.
15
      (4)
Paragraph 13 shall have effect in relation to a renewed permit as if the date
of renewal were the date specified under paragraph 12(1)(d).
      (5)
A permit shall not cease to have effect by virtue only of paragraph 13
while—
(a)
an application for renewal of the permit is pending, or
20
(b)
an appeal against a decision on an application for renewal of the
permit is pending.
Maintenance
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
25
offence if without reasonable excuse he fails to produce the permit on
request for inspection by—
(a)
a constable, or
(b)
an authorised local authority officer.
      (2)
A person guilty of an offence under this paragraph shall be liable on
30
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
licensing authority for a copy.
      (2)
An application under sub-paragraph (1) must be accompanied by the
prescribed fee.
35
      (3)
A licensing authority shall consider an application under this paragraph and
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.
40

Gambling Bill
Schedule 14 — Prize Gaming Permits
208

      (4)
As soon as is reasonably practicable after granting an application under this
paragraph a licensing authority shall issue a copy of the permit certified by
the authority as a true copy.
      (5)
A copy of a permit issued under this paragraph shall be treated as if it were
the permit.
5
Appeal
22    (1)
Where a licensing authority reject an application for the issue or renewal of
a permit the applicant may appeal.
      (2)
An appeal under this paragraph must be instituted—
(a)
in the magistrates’ court for a petty sessions area in which the
10
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 receives notice of the decision against which the appeal is
brought.
15
      (3)
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)
remit the case to the licensing authority to decide in accordance with
20
a direction of the court;
(d)
make an order about costs.
      (4)
Sub-paragraph (1) applies to a decision of a licensing authority following
remittal under sub-paragraph (3)(c) above.
Register
25
23    (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
30
(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.
35
      (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
40
information about permits issued by them;
(b)
requiring the Commission to maintain a register of the information
provided to it under paragraph (a);

Gambling Bill
Schedule 15 — Private Gaming and Betting
Part 1 — Gaming
209

(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;
5
(e)
excusing licensing authorities, wholly or partly, from compliance
with sub-paragraph (1).
Vehicles and vessels
24
A permit may not be issued in respect of a vehicle or vessel (or part of a
vehicle or vessel).
10
Schedule 15
Section 285

Private Gaming and Betting
Part 1
Gaming
Introduction
15
1
Gaming is private if it satisfies the conditions specified in this Part of this
Schedule.
2     (1)
For the purposes of this Part of this Schedule gaming is domestic if it takes
place—
(a)
in a private dwelling, and
20
(b)
on a domestic occasion.
      (2)
For the purposes of this Part of this Schedule gaming is residential if—
(a)
it takes place in a hostel, hall of residence or similar establishment
which is not administered in the course of a trade or business, and
(b)
more than half of the participants are residents of the hostel, hall or
25
establishment.
No charge for participation
3     (1)
It is a condition of private gaming that no charge is made for participation.
      (2)
For the purposes of this paragraph—
(a)
it is immaterial how a charge is described,
30
(b)
it is immaterial whether a charge is in money or money’s worth,
(c)
an amount deducted or levied, by a person providing facilities for
gaming, from sums staked or won in the course of gaming is a charge
for participation in the gaming,
(d)
a charge for admission to premises where gaming takes place shall
35
be treated as a charge for participation in the gaming, and
(e)
a stake is not a charge for participation.

Gambling Bill
Schedule 16 — Minor and Consequential Amendments
Part 1 — Minor Amendments
210

Equal chance gaming
4     (1)
It is a condition of private gaming that it is equal chance gaming.
      (2)
But this condition does not apply in relation to domestic or residential
gaming.
Privacy
5
5
It is a condition of private gaming that it does not occur in a place to which
the public have access (whether or not on payment).
Part 2
Betting
Introduction
10
6
Betting is private betting if it is—
(a)
domestic betting, or
(b)
workers’ betting.
Domestic betting
7     (1)
A betting transaction is domestic betting if made on premises in which each
15
party to the transaction lives.
      (2)
For the purposes of this paragraph a person lives in premises if he habitually
resides in any part of the premises (whether or not there are other premises
in which he also habitually resides).
Workers’ betting
20
8
A betting transaction is workers’ betting if made between persons each of
whom is employed under a contract of employment with the same
employer.
Schedule 16
Section 343

Minor and Consequential Amendments
25
Part 1
Minor Amendments
Metropolitan Police Act 1839 (c. 47)
1
In section 44 of the Metropolitan Police Act 1839 (refreshment houses)—
(a)
omit “, or knowingly suffer any unlawful games or any gaming
30
whatsoever therein,”, and
(b)
in the heading, omit “, or gaming”.