|
| |
| |
| |
(1) | The holder of an operating licence shall comply with a request of the |
| |
| |
(a) | produce a written or electronic record relating to the licensed activities; |
| |
(b) | provide a copy of a written or electronic record relating to the licensed |
| 5 |
| |
(c) | provide information about the licensed activities. |
| |
(2) | A request under subsection (1) may specify— |
| |
(a) | the form and manner in which a record or information is to be |
| |
| 10 |
(b) | the period within which a record or information is to be produced or |
| |
| |
(3) | The Commission may retain anything provided under subsection (1). |
| |
(4) | The Commission may exercise a power under this section only for the purpose |
| |
| 15 |
(a) | determining whether activities have been carried on in purported |
| |
reliance on the licence but not in accordance with a condition of the |
| |
| |
(b) | determining the suitability of the licensee to carry on the licensed |
| |
| 20 |
(5) | A person commits an offence if he fails without reasonable excuse to comply |
| |
| |
(6) | A person guilty of an offence under subsection (5) shall be liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
| 25 |
| |
(1) | The Secretary of State may make regulations requiring holders of operating |
| |
licences to pay an annual levy to the Commission. |
| |
(2) | The regulations shall, in particular, make provision for— |
| |
(a) | the amount of the levy; |
| 30 |
(b) | timing of payment of the levy. |
| |
(3) | The regulations may, in particular, make provision— |
| |
(a) | determining the amount of the levy by reference to a percentage of |
| |
specified receipts of an operating licence holder, |
| |
(b) | determining the amount of the levy by reference to a percentage of |
| 35 |
specified profits of an operating licence holder, |
| |
(c) | determining the amount of the levy by reference to a percentage of the |
| |
annual fee under section 97, |
| |
(d) | providing for the determination of the amount of the levy according to |
| |
| 40 |
(e) | providing for the determination of the amount of the levy in some other |
| |
| |
| |
| |
|
| |
| |
(4) | Any sum due by way of levy by virtue of this section shall be treated for the |
| |
purposes of this Act as if it were due by way of annual fee under section 97. |
| |
(5) | The Commission shall, with the consent of the Treasury and of the Secretary of |
| |
State, expend money received by way of levy for purposes related to, or by |
| |
providing financial assistance for projects related to— |
| 5 |
(a) | addiction to gambling, |
| |
(b) | other forms of harm or exploitation associated with gambling, or |
| |
(c) | any of the licensing objectives. |
| |
(6) | In subsection (5) the reference to financial assistance is a reference to grants, |
| |
loans and any other form of financial assistance, which may be made or given |
| 10 |
on terms or conditions (which may include terms and conditions as to |
| |
repayment with or without interest). |
| |
(7) | The Secretary of State shall consult the Commission before making regulations |
| |
| |
121 | Directions and requirements |
| 15 |
Where the Commission has power under this Part to give a direction or impose |
| |
a requirement it may give different directions or impose different requirements |
| |
in relation to different cases or circumstances. |
| |
122 | Relevant offence: disapplication of rehabilitation |
| |
Section 4 of the Rehabilitation of Offenders Act 1974 (c. 53) (effect of |
| 20 |
rehabilitation) shall not apply for the purposes of or in connection with— |
| |
| |
| |
| |
| 25 |
| |
(a) | has the meaning given by section 1(4) of the Rehabilitation of |
| |
| |
(b) | includes, to the extent required by section 122, a spent |
| |
conviction within the meaning of that Act, |
| 30 |
“holder”, in relation to an operating licence, means the person to whom |
| |
| |
“the licensed activities” in relation to an operating licence means the |
| |
activities which it authorises, and |
| |
“licensee”, in relation to an operating licence, means the person to whom |
| 35 |
| |
(2) | In this Act “relevant offence” means— |
| |
(a) | an offence listed in Schedule 7, and |
| |
(b) | an offence under the law of a country or territory outside the United |
| |
Kingdom (a “foreign offence”) which prohibits a kind of activity |
| 40 |
prohibited by an offence listed in that Schedule (a “domestic offence”). |
| |
(3) | For the purpose of subsection (2)(b) it is immaterial— |
| |
| |
| |
|
| |
| |
(a) | whether or not the foreign offence prohibits all the kinds of activity |
| |
prohibited by the domestic offence, and |
| |
(b) | whether or not the foreign offence prohibits kinds of activity not |
| |
prohibited by the domestic offence. |
| |
| 5 |
| |
124 | Nature of personal licence |
| |
(1) | For the purposes of this Act a “personal licence” is a licence which authorises |
| |
an individual to perform the functions of a specified management office, or to |
| |
perform a specified operational function, in connection with— |
| 10 |
(a) | the provision of facilities for gambling, or |
| |
(b) | a person who provides facilities for gambling. |
| |
(2) | In this section “management office” and “operational function” have the same |
| |
meaning as in section 78. |
| |
125 | Application of provisions of Part 5 |
| 15 |
(1) | The provisions of Part 5 (other than section 63(2), (4) and (5)) shall apply to a |
| |
personal licence as they apply to an operating licence, with— |
| |
(a) | the modifications and exclusions specified in this Part, |
| |
(b) | such modifications and exclusions as the Secretary of State may specify |
| |
| 20 |
(c) | any other necessary modifications. |
| |
(2) | Regulations under a provision of Part 5— |
| |
(a) | may make different provision for purposes of this Part and for |
| |
purposes of that Part, and |
| |
(b) | in making provision for purposes of this Part, may make different |
| 25 |
provision in relation to personal licences authorising— |
| |
(i) | the performance of different kinds of function, or |
| |
(ii) | the performance of functions in different circumstances. |
| |
126 | Exemption for small-scale operators |
| |
(1) | A condition may not be attached to an operating licence under section 73, 75 or |
| 30 |
76 requiring possession of a personal licence if the licensee is a small-scale |
| |
| |
(2) | In this section “small-scale” operator shall have such meaning as the Secretary |
| |
of State may prescribe by regulations. |
| |
(3) | Regulations under subsection (2) may, in particular, make provision by |
| 35 |
| |
(a) | the size or value of business carried on, or expected to be carried on, in |
| |
reliance on an operating licence; |
| |
(b) | the number of persons employed, or expected to be employed, by the |
| |
| 40 |
| |
| |
|
| |
| |
(4) | A constable or enforcement officer may under section 105(1) require a small- |
| |
scale operator to produce his operating licence— |
| |
(a) | within a specified period, or |
| |
(b) | while the operator is carrying on a licensed activity, immediately. |
| |
| 5 |
(1) | A direction under section 67(2)(c) or (f) (as applied by section 125) may, in |
| |
particular, require that an application— |
| |
(a) | be signed by the applicant’s employer; |
| |
(b) | contain or be accompanied by information provided by the applicant’s |
| |
employer or relating to his employment. |
| 10 |
(2) | The Commission may under section 71(1)(a) (as applied by section 125) require |
| |
an applicant to obtain information from his employer. |
| |
(3) | For the purposes of this section a reference to an applicant’s employer is a |
| |
reference to any person for whom the applicant, in the course of a business (but |
| |
whether or not under a contract of employment)— |
| 15 |
| |
(b) | has provided services, or |
| |
(c) | intends to provide services. |
| |
(4) | Neither this section nor any other provision of this Act shall be treated as |
| |
preventing a person who is not employed from applying for a personal licence. |
| 20 |
| |
A personal licence shall continue to have effect unless and until it ceases to |
| |
have effect in accordance with section 110, 111, 112 or 116 (as applied by section |
| |
| |
| 25 |
(1) | Section 97 shall not have effect in relation to personal licences. |
| |
(2) | The Secretary of State may make regulations requiring the holder of a personal |
| |
licence to pay to the Commission specified fees in respect of specified periods |
| |
during which the licence is held. |
| |
(3) | Regulations under this section may, in particular, make different provision |
| 30 |
| |
(a) | different kinds of licence, or |
| |
(b) | different circumstances. |
| |
(4) | In its application to this part by virtue of section 125, the reference in section |
| |
116(3) to failure to pay an annual fee shall be construed as a reference to failure |
| 35 |
to comply with regulations under this section. |
| |
| |
(1) | The Commission may not issue a personal licence to an individual who already |
| |
| |
| |
| |
|
| |
| |
(2) | But a personal licence may authorise the performance of more than one |
| |
| |
131 | Production of licence |
| |
(1) | A constable or enforcement officer may under section 105 (as applied by |
| |
section 125) require the individual who holds a personal licence to produce the |
| 5 |
| |
(a) | within a specified period, |
| |
(b) | while the individual is carrying on a licensed activity, immediately, or |
| |
(c) | while the individual is on premises in respect of which a premises |
| |
licence has effect, immediately. |
| 10 |
(2) | A licensee commits an offence if he fails without reasonable excuse to comply |
| |
with a requirement under subsection (1). |
| |
(3) | A person guilty of an offence under subsection (2) shall be liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
| 15 |
Section 113(1) shall not apply in relation to personal licences. |
| |
| |
(1) | A court which may order the forfeiture of an individual’s personal licence |
| |
under section 112 (as applied by section 125) may, whether or not it makes an |
| |
order for forfeiture, make an order disqualifying the individual from holding |
| 20 |
a personal licence for a specified period, not exceeding ten years, beginning |
| |
with the date of the order. |
| |
(2) | The Commission shall not issue a personal licence to a person while a |
| |
disqualification order under this section has effect in respect of him. |
| |
(3) | Subsections (2) to (5) of section 112 shall have effect in relation to an order |
| 25 |
under this section (and in relation to a licence held by the person disqualified) |
| |
as they have effect in relation to an order under that section (and in relation to |
| |
| |
134 | Notification of operating licensee |
| |
(1) | This section applies where the Commission— |
| 30 |
(a) | suspends a personal licence under section 115 (as applied by section |
| |
| |
(b) | revokes a personal licence under section 116 (as applied by section 125), |
| |
(c) | is informed by a court of the making of a forfeiture order in respect of |
| |
a personal licence under section 112 (as applied by section 125), or |
| 35 |
(d) | is informed by a court of the making of a disqualification order under |
| |
| |
(2) | If the Commission believes that the holder of the personal licence, or the subject |
| |
of the disqualification order, is providing services to the holder of an operating |
| |
licence in connection with the licensed activities, the Commission shall as soon |
| 40 |
as is reasonably practicable notify the holder of the operating licence of the |
| |
matter specified in subsection (1). |
| |
| |
| |
|
