Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 4 — Protection of children and young persons
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General
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Temporary use notice
(1)
For the purposes of this Part—
(a)
a temporary use notice in respect of the use of premises to carry on an
activity shall be treated as if it were a premises licence authorising that
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activity, and
(b)
an occasional use notice in respect of premises shall be treated as if it
were a betting premises licence.
(2)
Sections 174 and 46(6) shall apply in relation to a notice treated as a premises
licence by virtue of subsection (1) above.
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60
Meaning of employment
In this Part a reference to employing a person includes a reference to—
(a)
employing or engaging the person whether or not under a contract of
employment, and
(b)
causing or permitting the person to be employed or engaged.
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Penalty
(1)
A person guilty of an offence under this Part shall be liable on summary
conviction to—
(a)
imprisonment for a term not exceeding 51 weeks,
(b)
a fine not exceeding level 5 on the standard scale, or
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(c)
both.
(2)
But in relation to an offence committed by a young person subsection (1) shall
have effect as if—
(a)
paragraphs (a) and (c) were omitted, and
(b)
in paragraph (b) the reference to level 5 were a reference to level 3.
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(3)
In the application of subsection (1) to Scotland the reference to 51 weeks shall
have effect as a reference to six months.
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Reasonable belief about person’s age
(1)
Where a person is charged with an offence under this Part of doing anything
in relation to an individual who is a child it is a defence for the person charged
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to prove that—
(a)
he took all reasonable steps to determine the individual’s age, and
(b)
he reasonably believed that the individual was not a child.
(2)
Where a person is charged with an offence under this Part of doing anything
in relation to an individual who is a young person it is a defence for the person
35
charged to prove that—
(a)
he took all reasonable steps to determine the individual’s age, and
(b)
he reasonably believed that the individual was not a young person.

Gambling Bill
Part 5 — Operating Licences
26

Part 5
Operating Licences
Introductory
63
Nature of licence
(1)
The Commission may issue operating licences in accordance with the
5
provisions of this Part.
(2)
An operating licence is a licence which states that it authorises the licensee—
(a)
to operate a casino (a “casino operating licence”),
(b)
to provide facilities for playing bingo (a “bingo operating licence”),
(c)
to provide facilities for betting other than pool betting (a “general
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betting operating licence”),
(d)
to provide facilities for pool betting (a “pool betting operating licence”),
(e)
to act as a betting intermediary (a “betting intermediary operating
licence”),
(f)
to make gaming machines available for use in an adult gaming centre
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(a “gaming machine general licence” for an adult gaming centre),
(g)
to make gaming machines available for use in a family entertainment
centre (a “gaming machine general licence” for a family entertainment
centre),
(h)
to manufacture, supply, install, adapt, maintain or repair a gaming
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machine, or a part of a gaming machine, within one of Categories A to
D (a “gaming machine technical operating licence”),
(i)
to manufacture, supply, install or adapt gambling software (a
“gambling software licence”), or
(j)
to promote a lottery (a “lottery operating licence”).
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(3)
The issue of an operating licence does not affect the application of section 36.
(4)
The Secretary of State may by order amend subsection (2) so as to—
(a)
add a kind of operating licence,
(b)
remove a kind of operating licence, or
(c)
vary a kind of operating licence.
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(5)
An order under subsection (4) may, in particular, make consequential
amendment of this Part (or a provision of this Act or another enactment that
relates to this Part).
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Form of licence
(1)
An operating licence must specify—
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(a)
the person to whom it is issued,
(b)
the period during which it is to have effect, and
(c)
any condition attached by the Commission under section 73 or 75.
(2)
The Secretary of State may by regulations require the Commission to ensure
that an operating licence—
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(a)
is issued in such form as the regulations may specify, and

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Part 5 — Operating Licences
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(b)
contains, in addition to the matters specified in subsection (1), such
information as the regulations may specify (which may, in particular,
include information about conditions attached to the licence by virtue
of section 76).
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Remote gambling
5
(1)
An operating licence is a “remote operating licence” if it authorises activity to
be carried on—
(a)
in respect of remote gambling, or
(b)
by means of remote communication.
(2)
A remote operating licence may not also authorise activity which is neither—
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(a)
in respect of remote gambling, nor
(b)
carried on by means of remote communication.
(3)
An operating licence must state whether it is a remote operating licence or not.
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Combined licence
(1)
An operating licence may be a licence of more than one of the kinds described
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in section 63(2).
(2)
Subsection (1) is subject to the following provisions of this section.
(3)
A casino operating licence authorises the holder, by virtue of this subsection,
to provide facilities—
(a)
for betting on the outcome of a virtual game, race, competition or other
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event or process, subject to any exclusion or restriction provided for by
way of condition under section 73 or 75;
(b)
for any game of chance other than bingo (and this paragraph does not
prevent the combination of a casino operating licence and a bingo
operating licence in reliance on subsection (1)).
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(4)
A general betting operating licence authorises the holder, by virtue of this
subsection, to provide facilities for betting on the outcome of a virtual race,
competition or other event or process other than a game of chance, subject to
any exclusion or restriction provided for by way of condition under section 73
or 75.
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(5)
The following kinds of operating licence authorise the holder, by virtue of this
subsection, to make one or more gaming machines within Categories A to D
available for use (in addition to authorising the activities specified in
accordance with section 63(2))—
(a)
a non-remote casino operating licence,
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(b)
a non-remote bingo operating licence,
(c)
a non-remote general betting operating licence, and
(d)
a non-remote pool betting operating licence.
(6)
No other kind of operating licence (other than a gaming machine general
operating licence) may authorise the holder to make a gaming machine
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available for use.

Gambling Bill
Part 5 — Operating Licences
28

Issue
67
Application
(1)
A person may apply to the Gambling Commission for an operating licence to
be issued authorising him to provide facilities for gambling.
(2)
An application must—
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(a)
specify the activities to be authorised by the licence,
(b)
specify an address in the United Kingdom at which a document issued
under this Act may be served on the applicant,
(c)
be made in such form and manner as the Commission may direct,
(d)
state whether the applicant has been convicted of a relevant offence,
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(e)
state whether the applicant has been convicted of any other offence,
(f)
contain or be accompanied by such other information or documents as
the Commission may direct, and
(g)
be accompanied by the prescribed fee.
(3)
An application may not be made by—
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(a)
a child or young person, or
(b)
a group that includes a child or young person.
(4)
The Secretary of State may by regulations—
(a)
require an applicant for an operating licence to notify specified persons
within a specified period (which may be wholly or partly before the
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application is made), and
(b)
provide for the consequences of failure to comply with a requirement
under paragraph (a) (which may, in particular, include provision for an
application to be disregarded or for a licence to lapse).
(5)
In subsection (2)(g) “prescribed” means prescribed by regulations made by the
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Secretary of State; and the regulations may, in particular, make different
provision for—
(a)
applications for the authorisation of different classes of activity, or
(b)
different circumstances.
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Consideration of application: general principles
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(1)
In considering an application under section 67 the Commission—
(a)
shall have regard to the licensing objectives,
(b)
shall form and have regard to an opinion of the applicant’s suitability
to carry on the licensed activities,
(c)
shall consider the suitability of any gaming machine to be used in
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connection with the licensed activities, and
(d)
may consider the suitability of any other equipment to be used in
connection with the licensed activities (by reference, in particular, to
any relevant provision of standards established under section 87).
(2)
For the purpose of subsection (1)(b) the Commission may, in particular, have
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regard to—
(a)
the integrity of the applicant or of a person relevant to the application;

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Part 5 — Operating Licences
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(b)
the competence of the applicant or of a person relevant to the
application to carry on the licensed activities in a manner consistent
with pursuit of the licensing objectives;
(c)
the financial and other circumstances of the applicant or of a person
relevant to the application (and, in particular, the resources likely to be
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available for the purpose of carrying on the licensed activities).
(3)
The statement maintained by the Commission under section 23 must specify
the principles to be applied by the Commission in considering applications
under section 67.
(4)
The statement must, in particular, specify the kind of evidence to which the
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Commission will have regard when assessing integrity, competence and
financial or other circumstances; and that evidence may include—
(a)
interviews conducted by or on behalf of the Commission;
(b)
references provided to the Commission at the request of the applicant;
(c)
information or opinions provided to the Commission (whether or not
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on request) by other persons;
(d)
information sought by the Commission as to solvency in general and
financial reserves in particular;
(e)
the completion of training (whether provided in accordance with
arrangements made by the Commission or otherwise);
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(f)
the possession of qualifications (whether awarded in accordance with
arrangements made by the Commission or otherwise).
(5)
The statement must also, in particular, specify the kind of evidence to which
the Commission will have regard in considering the suitability of a gaming
machine or of other equipment; and that evidence may include—
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(a)
the result of a test carried out by a person at the request of the
Commission;
(b)
the opinion of any person.
(6)
The statement may specify a class of applicant or other person in relation to
whom the Commission will or may assume integrity for the purpose of
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subsection (2)(a).
(7)
The statement may specify a class of gaming machine or other equipment in
relation to which the Commission will or may assume suitability; and—
(a)
a class may, in particular, be defined by reference to standards under
section 87 or 93 or by reference to regulations under Part 10, and
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(b)
subsection (1)(c) and (d) shall not apply to the consideration of an
application in so far as it specifies that a gaming machine or other
equipment falling within a class specified under this subsection is to be
used in connection with the licensed activities.
(8)
For the purposes of this section—
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(a)
in relation to an application, a reference to the licensed activities is a
reference to the activities which will be the licensed activities if the
application is granted, and
(b)
a person is relevant to an application if, in particular, he is likely to
exercise a function in connection with, or to have an interest in, the
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licensed activities.
(9)
For the purposes of this section “equipment” includes—
(a)
a computer,

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Part 5 — Operating Licences
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(b)
a device for the playing of a casino game, and
(c)
any other piece of equipment;

(but a gaming machine is not equipment for the purposes of this section).
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Consideration of application: criminal record
(1)
The Commission may refuse an application under section 67 if the applicant or
5
a person relevant to the application has a conviction for a relevant offence.
(2)
This section does not prejudice the generality of section 68.
(3)
The reference in subsection (1) to a person who is relevant to an application
shall be construed in accordance with section 68(8)(b).
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Consideration of application: demand
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In determining whether to grant an operating licence the Commission may not
have regard to—
(a)
the area in Great Britain within which it is proposed to provide
facilities, or
(b)
the expected demand for facilities which it is proposed to provide.
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Procedure
(1)
For the purpose of considering an application under section 67 the
Commission may—
(a)
require the applicant to provide information;
(b)
consult, and have regard to information provided by or an opinion
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stated by, any person.
(2)
In subsection (1) “information” and “opinion” mean information or an opinion
about—
(a)
the applicant,
(b)
a person relevant to the application, or
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(c)
the licensed activities.
(3)
In particular, the Commission may require the production of an enhanced
criminal record certificate under section 115 of the Police Act 1997 (c. 50)
relating to—
(a)
the applicant, or
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(b)
a person relevant to the application.
(4)
The statement maintained by the Commission under section 23 must, in
particular, specify the Commission’s practice in relation to—
(a)
the delegation of functions in relation to applications,
(b)
the holding of oral hearings of applications, and
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(c)
evidence required or accepted in connection with applications.
(5)
The Commission may disregard an irregularity or deficiency in or in relation
to an application, other than a failure to pay the fee required by section 67(2)(g).
(6)
For the purposes of this section a reference to the licensed activities or to a
person relevant to an application shall be construed in accordance with section
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68(8).