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Gambling Bill


Gambling Bill
Part 5 — Operating Licences

31

 

72      

Determination of application

(1)   

On considering an application under section 67 the Commission shall—

(a)   

grant it,

(b)   

reject it, or

(c)   

grant it in respect of one or more of the activities specified in

5

accordance with section 67(2)(a) and reject it in respect of the others.

(2)   

Where the Commission grants an application in whole or in part it shall as soon

as is reasonably practicable—

(a)   

notify the applicant of the grant, and

(b)   

issue an operating licence to the applicant.

10

(3)   

Where the Commission rejects an application in whole or in part it shall as soon

as is reasonably practicable notify the applicant of—

(a)   

the rejection, and

(b)   

the reasons for it.

Conditions

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73      

General conditions imposed by Commission

(1)   

The Commission may specify conditions to be attached to—

(a)   

each operating licence, or

(b)   

each operating licence falling within a specified class.

(2)   

For the purposes of subsection (1)(b) a class may be defined wholly or partly

20

by reference to—

(a)   

the nature of the licensed activities;

(b)   

the circumstances in which the licensed activities are carried on;

(c)   

the nature or circumstances of the licensee or of another person

involved or likely to be involved in the conduct of the licensed

25

activities.

(3)   

Where the Commission issues an operating licence it shall attach to the licence

any condition specified under subsection (1) as a condition to be attached to

operating licences of a class within which the licence falls.

74      

General conditions: procedure

30

(1)   

The Commission may amend or revoke a condition specified under section 73;

and a reference in this section to the specification of a condition includes a

reference to the amendment or revocation of a condition.

(2)   

Before specifying a condition the Commission shall consult—

(a)   

one or more persons who in the Commission’s opinion represent the

35

interests of operating licensees who may be affected by the condition,

and

(b)   

such of the persons specified in section 23(5) as the Commission thinks

appropriate (if any).

(3)   

The Commission shall publish any specification as soon as is reasonably

40

practicable.

(4)   

Where the Commission proposes to specify a condition—

 
 

Gambling Bill
Part 5 — Operating Licences

32

 

(a)   

at least three months before making the specification the Commission

shall give notice of it to the holder of each licence which—

(i)   

has effect at that time, and

(ii)   

is within a class affected by the specification,

(b)   

if the Commission issues, after that time but before the specification is

5

made, an operating licence of a class affected by the specification, the

Commission shall give the licensee notice of the proposed specification,

and

(c)   

on the making of the specification an existing licence shall by virtue of

this paragraph be subject to the condition specified.

10

(5)   

If the Commission thinks it necessary by reason of urgency to make a

specification without giving the notice required by subsection (4)(a)—

(a)   

the Commission shall give as much notice as it thinks possible in the

circumstances to the persons mentioned in that provision,

(b)   

subsection (4)(b) shall have effect after the time when notice is given

15

under paragraph (a) above, and

(c)   

subsection (4)(c) shall have effect.

(6)   

Subsection (4)(c), in its application to the amendment or revocation of a

condition (by virtue of subsection (1)), shall be treated as—

(a)   

making existing licences subject to the condition as amended, or

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(b)   

relieving existing licences from the condition revoked.

75      

Individual condition imposed by Commission

Where the Commission issues an operating licence it may attach a condition to

the licence.

76      

Condition imposed by Secretary of State

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(1)   

The Secretary of State may by regulations provide for a specified condition to

be attached to operating licences falling within a specified description.

(2)   

Transitional provision of regulations under this section (made by virtue of

section 342(1)(c)) may, in particular, apply a condition (with or without

modification) to licences issued before the regulations are made (or come into

30

force).

77      

Scope of powers to attach conditions

(1)   

Without prejudice to the generality of the powers conferred by sections 73, 75

and 76, a condition attached under any of those sections may, in particular, do

any of the things specified in this section.

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(2)   

A condition may have the effect of restricting the activities that may be carried

on in reliance on the licence by reference to—

(a)   

the nature of the activities,

(b)   

the circumstances in which they are carried on, or

(c)   

their extent.

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(3)   

A condition may make provision wholly or partly by reference to—

(a)   

the nature of the licensed activities;

(b)   

the circumstances in which the licensed activities are carried on;

 
 

Gambling Bill
Part 5 — Operating Licences

33

 

(c)   

the nature or circumstances of the licensee or of another person

involved or likely to be involved in the conduct of the licensed

activities.

(4)   

In regulating the licensed activities a condition may make provision about—

(a)   

the facilities that may or must be provided in connection with the

5

licensed activities;

(b)   

the manner in which facilities are provided;

(c)   

the number of persons that may or must be employed in the provision

of facilities;

(d)   

the financial resources available for particular purposes to the person

10

providing facilities;

(e)   

any other matter.

(5)   

A condition may relate to the financial circumstances of the licensee or of

another person involved or likely to be involved in the conduct of the licensed

activities; in particular, a condition may make provision about the

15

maintenance of reserves in respect of potential liabilities.

(6)   

A condition of a remote operating licence may restrict the methods of

communication that may be used in the course of the licensed activities.

(7)   

A condition may make provision about the advertising of facilities for

gambling.

20

(8)   

A condition may make provision about the provision of assistance to persons

who are or may be affected by problems related to gambling.

(9)   

A condition may make provision about—

(a)   

establishing the identity of users of facilities;

(b)   

recording the identity of users of facilities;

25

(c)   

restricting facilities to persons registered in respect of the facilities in

advance.

78      

Requirement for personal licence

(1)   

The Commission shall use its powers under sections 73 and 75 to ensure that

in respect of each operating licence at least one person—

30

(a)   

occupies a specified management office in or in respect of the licensee

or in connection with the licensed activities, and

(b)   

holds a personal licence authorising the performance of the functions of

the office.

(2)   

A condition under either of those sections may impose requirements which

35

relate to a management office and are in addition to any required by subsection

(1).

(3)   

A condition attached to an operating licence by virtue of section 73, 75 or 76

may, in particular, provide that if a specified management office is held in or

in respect of the licensee or in connection with a licensed activity (whether or

40

not in pursuance of another condition)—

(a)   

it must be held by an individual who holds a personal licence

authorising the performance of the functions of the office, and

(b)   

anything done in the performance of the functions of the office must be

done in accordance with the terms and conditions of the personal

45

licence.

 
 

Gambling Bill
Part 5 — Operating Licences

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(4)   

A condition attached to an operating licence by virtue of section 73, 75 or 76

may, in particular, provide that if a specified operational function is performed

in connection with a licensed activity it must be performed—

(a)   

by an individual who holds a personal licence authorising performance

of the function, and

5

(b)   

in accordance with the terms and conditions of the personal licence.

(5)   

In this section “management office” in relation to a licensee means—

(a)   

if the licensee is a company, the office of director,

(b)   

if the licensee is a partnership (including a limited liability

partnership), the office of partner,

10

(c)   

if the licensee is an unincorporated association, any office in the

association, and

(d)   

in any case, any position the occupier of which is required, by the terms

of his appointment, to take or share responsibility for—

(i)   

the conduct of a person who performs an operational function

15

in connection with a licensed activity, or

(ii)   

facilitating or ensuring compliance with terms or conditions of

the operating licence.

(6)   

In this section “operational function” means—

(a)   

any function which enables the person exercising it to influence the

20

outcome of gambling,

(b)   

receiving or paying money in connection with gambling, and

(c)   

manufacturing, supplying, installing, maintaining or repairing a

gaming machine.

(7)   

Provision by virtue of subsection (1) may be general or may relate only to

25

specified—

(a)   

kinds of operating licence,

(b)   

cases, or

(c)   

circumstances.

(8)   

The Secretary of State may by order amend the definition of “management

30

office” or “operational function” for the purposes of this section.

(9)   

In relation to a bingo operating licence issued to a members’ club, a commercial

club or a miners’ welfare institute—

(a)   

subsection (1) shall not apply, and

(b)   

a condition attached by virtue of section 73, 75 or 76 may not

35

(i)   

require that a person hold a personal licence, or

(ii)   

operate by reference to whether a person holds a personal

licence.

79      

Credit and inducements

(1)   

A condition attached to an operating licence by virtue of section 73, 75 or 76

40

may, in particular, restrict or otherwise make provision about—

(a)   

the giving of credit in connection with the licensed activities;

(b)   

the making of offers designed to induce persons to participate, or to

increase their participation, in the licensed activities;

(c)   

participation in arrangements for inducing, permitting or assisting

45

persons to gamble.

 
 

Gambling Bill
Part 5 — Operating Licences

35

 

(2)   

A non-remote casino operating licence or a non-remote bingo operating licence

shall by virtue of this subsection be subject to the condition that the licensee

may not—

(a)   

give credit in connection with the licensed activities, or

(b)   

participate in, arrange or knowingly facilitate the giving of credit in

5

connection with the licensed activities.

(3)   

A licensee does not facilitate the giving of credit for the purposes of subsection

(2)(b) by reason only of permitting a person (“the credit provider”) to conduct

financial business on the premises on which licensed activities are carried on,

provided that—

10

(a)   

the licensee has no other commercial connection with the credit

provider in relation to the licensed activities, and

(b)   

the licensee neither makes nor receives any payment or reward

(whether by way of commission, rent or otherwise) in connection with

the permission or the financial business.

15

(4)   

In this section “credit” includes—

(a)   

any form of financial accommodation, and

(b)   

in particular, the acceptance by way of payment of a fee, charge or stake

of anything other than—

(i)   

cash,

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(ii)   

a cheque which is not post-dated and for which full value is

given, or

(iii)   

a debit card payment which is not post-dated and for which full

value is given.

(5)   

In subsection (4)(b)(iii) “debit card payment” means a payment—

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(a)   

debited against a person’s banking account, and

(b)   

made by means of a card which is not a credit-token within the

meaning of section 14 of the Consumer Credit Act 1974 (c. 39).

80      

Compliance with code of practice

(1)   

An operating licence shall by virtue of this section be subject to the condition

30

that the licensee ensures compliance with any relevant social responsibility

provision of a code of practice issued under section 24.

(2)   

In subsection (1)—

(a)   

the reference to a licensee includes a reference to anyone employed or

engaged by a licensee to perform an operational function within the

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meaning of section 78, and

(b)   

the reference to a social responsibility provision of a code is a reference

to a provision identified by a code as being included in pursuance of

section 24(2).

(3)   

This section does not prevent compliance with a provision of a code, other than

40

a social responsibility provision, from being made the subject of a condition

under section 73, 75 or 76.

 
 

 
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