Gambling Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Gambling Bill

Gambling Bill
Part 7 — Operating and Personal Licences: Appeals
61

135
Conviction
(1)
This section applies if the holder of a personal licence is convicted of a relevant
offence by or before a court (whether inside or outside Great Britain).
(2)
The holder of any relevant operating licence shall notify the Commission of the
conviction, and of any sentence passed in respect of it, as soon as is reasonably
5
practicable after becoming aware of it.
(3)
A person commits an offence if he fails without reasonable excuse to comply
with subsection (2).
(4)
A person guilty of an offence under subsection (3) shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
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(5)
For the purposes of subsection (2) an operating licence is relevant if the holder
of the personal licence acts in connection with activities authorised by the
operating licence.
(6)
The duty under subsection (2) is in addition to any duty of the holder of the
personal licence under section 106 (as applied by section 125).
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136
Breach of personal licence condition
(1)
This section applies where—
(a)
a condition attached to an operating licence includes provision for a
personal licence in accordance with section 78,
(b)
an individual who holds a personal licence under this Part acts in the
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course of or in connection with any of the activities authorised by the
operating licence, and
(c)
the individual’s action is not in accordance with the terms and
conditions of the personal licence.
(2)
The individual commits an offence.
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(3)
The individual may be proceeded against for the offence under subsection (2)
whether or not the holder of the operating licence is proceeded against for an
offence under section 32 (by reason of a breach of the condition under section
78).
(4)
An individual guilty of an offence under this section shall be liable on
30
summary conviction to—
(a)
imprisonment for a term not exceeding 51 weeks,
(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
(5)
In the application of subsection (4) to Scotland the reference to 51 weeks shall
35
have effect as a reference to six months.
Part 7
Operating and Personal Licences: Appeals
137
The Gambling Appeals Tribunal
(1)
There shall be a tribunal to be known as the Gambling Appeals Tribunal.
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Gambling Bill
Part 7 — Operating and Personal Licences: Appeals
62

(2)
Schedule 8 (which makes provision about the constitution and proceedings of
the Tribunal) shall have effect.
(3)
In this Part “the Tribunal” means the Gambling Appeals Tribunal.
138
Appeal to Tribunal
(1)
Where the Commission determines an application under section 67 or 109
5
(including either of those sections as applied by section 125) for the issue or
renewal of an operating licence or a personal licence, the applicant may appeal
to the Tribunal.
(2)
Where the Commission attaches a condition to a licence under section 75
(including that section as applied by section 125) the licensee may appeal to the
10
Tribunal.
(3)
Where the Commission determines an application under section 99(2)(b) the
applicant may appeal to the Tribunal.
(4)
Where the Commission determines an application under section 101
(including that section as applied by section 125) the applicant may appeal to
15
the Tribunal.
(5)
Where the Commission takes action, or determines to take action, under
section 114 (including that section as applied by section 125) in respect of a
licence, the licensee may appeal to the Tribunal.
(6)
Where the Commission takes action, or determines to take action, under
20
section 115 (including that section as applied by section 125) in respect of a
licence, the licensee may appeal to the Tribunal.
(7)
Where the Commission takes action, or determines to take action, under
section 116 (including that section as applied by section 125) in respect of a
licence, the licensee may appeal to the Tribunal.
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(8)
Where the Commission gives a notice imposing a penalty on a licensee under
section 118(4) (including that section as applied by section 125) the licensee
may appeal to the Tribunal.
139
Timing
(1)
An appeal under section 138 must be instituted before the end of the period of
30
one month beginning with the date of the decision or action appealed against.
(2)
But the Tribunal may permit an appeal to be instituted after the end of that
period.
140
Appeal from Tribunal
(1)
A party to proceedings before the Tribunal under section 138 may appeal on a
35
point of law to—
(a)
the High Court (where the Tribunal proceedings were held in England
or Wales), or
(b)
the Court of Session (where the Tribunal proceedings were held in
Scotland).
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(2)
An appeal under this section may be brought only with the permission of—

Gambling Bill
Part 7 — Operating and Personal Licences: Appeals
63

(a)
the Tribunal, or
(b)
if the Tribunal refuses permission, the court referred to in subsection
(1).
141
Powers of Tribunal
(1)
On an appeal under section 138 against a decision or action taken by the
5
Commission the Tribunal may—
(a)
affirm the Commission’s decision or action;
(b)
quash the Commission’s decision or action in whole or in part;
(c)
substitute for all or part of the Commission’s decision or action another
decision or action of a kind that the Commission could have taken;
10
(d)
add to the Commission’s decision or action a decision or action of a
kind that the Commission could have taken;
(e)
remit a matter to the Commission (generally, or for determination in
accordance with a finding made or direction given by the Tribunal).
(2)
In determining an appeal instituted out of time under section 139(2) or
15
following a direction under section 142(2) the Tribunal may, in addition to the
matters specified in subsection (1) above, make any order that it thinks
appropriate.
(3)
In determining an appeal the Tribunal shall have regard to any relevant
provision of a code of practice issued by the Commission under section 24.
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(4)
In determining an appeal the Tribunal may take account of evidence which
was not available to the Commission.
(5)
Section 138 applies to a decision or action of the Commission following remittal
under subsection (1)(e) above.
142
Stay pending appeal
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(1)
A decision or other action under Part 5 or 6 shall have no effect while an appeal
under section 138—
(a)
could be brought (ignoring the possibility of an appeal out of time
under section 139(2)), or
(b)
has been brought and has not yet been either finally determined or
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abandoned.
(2)
But when making a decision or taking other action under Part 5 or 6 the
Commission may direct that subsection (1) shall not apply.
143
Rules
(1)
The Lord Chancellor may make rules—
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(a)
regulating the exercise of a right of appeal to the Tribunal;
(b)
about practice and procedure in relation to proceedings before the
Tribunal.
(2)
Rules under this section may, in particular, specify that a class of person is or
is not to be treated as a party to proceedings before the Tribunal—
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(a)
for the purpose of section 140(1);
(b)
for another specified purpose.

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Part 7 — Operating and Personal Licences: Appeals
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(3)
Rules under this section may, in particular, provide—
(a)
that a person commits an offence if without reasonable excuse he fails
to comply with a requirement of a specified kind imposed by or in
accordance with the rules, and
(b)
that a person guilty of the offence shall be liable on summary conviction
5
to a fine not exceeding level 3 on the standard scale.
144
Fees
(1)
The Lord Chancellor may by regulations provide for a fee to be charged for
bringing an appeal to the Tribunal.
(2)
The regulations may, in particular—
10
(a)
provide for different fees to be charged for different classes of case or in
different circumstances;
(b)
enable the Tribunal to reduce or waive a fee having regard to an
appellant’s circumstances.
145
Legal assistance
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(1)
The Lord Chancellor may by regulations establish a scheme for the provision
of legal assistance to appellants to the Tribunal.
(2)
Regulations under subsection (1) may, in particular—
(a)
specify the kinds of assistance that may be provided;
(b)
specify the classes of person by whom assistance may be provided;
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(c)
make provision about applications to the Tribunal for assistance;
(d)
require, or enable the Tribunal to require, the provision of information
by an applicant for assistance;
(e)
enable the Tribunal to determine eligibility for assistance by reference
to criteria specified in the regulations;
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(f)
make provision for an appeal against refusal of assistance;
(g)
enable assistance to be granted subject to conditions or restrictions
imposed by the Tribunal (which may, in particular, include conditions
requiring—
(i)
a person receiving assistance to contribute towards its cost;
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(ii)
a person who received assistance to defray all or part of its cost
in specified circumstances);
(h)
enable the Tribunal to vary or revoke a decision that assistance should
be provided;
(i)
include provision for enforcement of a duty of payment arising under
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the regulations (which may, in particular, confer jurisdiction on a
court).
(3)
Regulations under subsection (1) may, in particular, apply generally or only—
(a)
in relation to specified kinds of appeal;
(b)
in specified circumstances.
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(4)
The Lord Chancellor shall defray the costs of assistance provided under the
scheme (subject to subsection (2)(g)).
(5)
Regulations under this section shall have no effect in relation to proceedings
heard or to be heard by the Tribunal sitting in Scotland.

Gambling Bill
Part 8 — Premises Licences
65

Part 8
Premises Licences
The licence
146
Nature of licence
(1)
A premises licence is a licence which states that it authorises premises to be
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used for—
(a)
the operation of a casino (a “casino premises licence”),
(b)
the provision of facilities for the playing of bingo (a “bingo premises
licence”),
(c)
making Category B gaming machines available for use (an “adult
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gaming centre premises licence”),
(d)
making Category C gaming machines available for use (a “family
entertainment centre premises licence”), or
(e)
the provision of facilities for betting, whether by making or accepting
bets, by acting as a betting intermediary or by providing other facilities
15
for the making or accepting of bets (a “betting premises licence”).
(2)
A casino premises licence is—
(a)
a “regional casino premises licence” if it relates to a regional casino,
(b)
a “large casino premises licence” if it relates to a large casino, and
(c)
a “small casino premises licence” if it relates to a small casino.
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(3)
Neither a premises licence nor any provision of this Part disapplies or provides
a defence to the offence under section 32.
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Form of licence
(1)
A premises licence must—
(a)
specify the name of the person to whom it is issued,
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(b)
specify a home or business address of that person,
(c)
specify the premises to which it relates,
(d)
specify the activities for which it authorises the premises to be used,
(e)
specify any condition attached by the licensing authority under section
164(1)(a),
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(f)
specify any exclusion of a default condition effected by the licensing
authority under section 164(1)(b),
(g)
include a plan of the premises, and
(h)
if a period is prescribed under section 182 at the end of which the
licence will expire (unless renewed or terminated earlier), specify the
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period.
(2)
The Secretary of State may make regulations about—
(a)
the form of a premises licence, and
(b)
the content of a premises licence (which may, in particular, require the
inclusion of information about mandatory conditions, default
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conditions or conditions attached to the licence by virtue of a provision
of this Part).

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Part 8 — Premises Licences
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(3)
In relation to a premises licence issued in Scotland, subsection (2) shall have
effect as if the reference to the Secretary of State were a reference to the Scottish
Ministers.
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Combined licence, &c.
(1)
A premises licence—
5
(a)
may not authorise the use of premises for activities of more than one of
the kinds specified in section 146(a) to (e) (subject to sections 167 to 169
and subsection (2) below), and
(b)
may not be issued in respect of premises if a premises licence already
has effect in relation to the premises (subject to subsection (3)).
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(2)
Subsection (1)(a) does not apply in the case of a track.
(3)
More than one premises licence may have effect in relation to a track provided
that—
(a)
each licence relates to a specified area of the track, and
(b)
not more than one premises licence has effect in relation to any area of
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the track.
(4)
If a person applies for a premises licence in respect of an area of a track (“a
subsidiary licence”) and a premises licence already has effect in respect of the
whole track or a part of the track that includes that area (“the main licence”)—
(a)
the application for the subsidiary licence must be accompanied by an
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application under section 178 to vary the main licence so that it does not
have effect in relation to the area to which the subsidiary licence is to
relate, and
(b)
the application for the subsidiary licence may be granted only after, or
together with, the grant of the application for variation.
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Licensing authorities’ functions
149
Principles to be applied
(1)
In exercising their functions under this Part a licensing authority shall aim to
permit the use of premises for gambling in so far as the authority think it—
(a)
in accordance with any relevant code of practice under section 24,
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(b)
in accordance with any relevant guidance issued by the Commission
under section 25,
(c)
reasonably consistent with the licensing objectives (subject to
paragraphs (a) and (b)), and
(d)
in accordance with the statement published by the authority under
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section 337 (subject to paragraphs (a) to (c)).
(2)
In determining whether to grant a premises licence a licensing authority may
not have regard to the expected demand for the facilities which it is proposed
to provide.
(3)
This section is subject to section 161.
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