|
| |
|
| |
(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 |
| |
| |
(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. |
| 10 |
(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 |
| |
| |
(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). |
| 15 |
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 |
| 20 |
course of or in connection with any of the activities authorised by the |
| |
| |
(c) | the individual’s action is not in accordance with the terms and |
| |
conditions of the personal licence. |
| |
(2) | The individual commits an offence. |
| 25 |
(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 |
| |
| |
(4) | An individual guilty of an offence under this section shall be liable on |
| 30 |
| |
(a) | imprisonment for a term not exceeding 51 weeks, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
(5) | In the application of subsection (4) to Scotland the reference to 51 weeks shall |
| 35 |
have effect as a reference to six months. |
| |
| |
Operating and Personal Licences: Appeals |
| |
137 | The Gambling Appeals Tribunal |
| |
(1) | There shall be a tribunal to be known as the Gambling Appeals Tribunal. |
| 40 |
|
| |
|
| |
|
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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. |
| 25 |
(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. |
| |
| |
(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 |
| |
| |
| |
(1) | A party to proceedings before the Tribunal under section 138 may appeal on a |
| 35 |
| |
(a) | the High Court (where the Tribunal proceedings were held in England |
| |
| |
(b) | the Court of Session (where the Tribunal proceedings were held in |
| |
| 40 |
(2) | An appeal under this section may be brought only with the permission of— |
| |
|
| |
|
| |
|
| |
(b) | if the Tribunal refuses permission, the court referred to in subsection |
| |
| |
| |
(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 |
| |
| |
(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. |
| 20 |
(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. |
| |
| 25 |
(1) | A decision or other action under Part 5 or 6 shall have no effect while an appeal |
| |
| |
(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 |
| 30 |
| |
(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. |
| |
| |
(1) | The Lord Chancellor may make rules— |
| 35 |
(a) | regulating the exercise of a right of appeal to the Tribunal; |
| |
(b) | about practice and procedure in relation to proceedings before the |
| |
| |
(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— |
| 40 |
(a) | for the purpose of section 140(1); |
| |
(b) | for another specified purpose. |
| |
|
| |
|
| |
|
(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. |
| |
| |
(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 |
| |
| |
(b) | enable the Tribunal to reduce or waive a fee having regard to an |
| |
appellant’s circumstances. |
| |
| 15 |
(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; |
| 20 |
(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; |
| 25 |
(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 |
| |
| |
(i) | a person receiving assistance to contribute towards its cost; |
| 30 |
(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 |
| |
| |
(i) | include provision for enforcement of a duty of payment arising under |
| 35 |
the regulations (which may, in particular, confer jurisdiction on a |
| |
| |
(3) | Regulations under subsection (1) may, in particular, apply generally or only— |
| |
(a) | in relation to specified kinds of appeal; |
| |
(b) | in specified circumstances. |
| 40 |
(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. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
(1) | A premises licence is a licence which states that it authorises premises to be |
| 5 |
| |
(a) | the operation of a casino (a “casino premises licence”), |
| |
(b) | the provision of facilities for the playing of bingo (a “bingo premises |
| |
| |
(c) | making Category B gaming machines available for use (an “adult |
| 10 |
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. |
| 20 |
(3) | Neither a premises licence nor any provision of this Part disapplies or provides |
| |
a defence to the offence under section 32. |
| |
| |
(1) | A premises licence must— |
| |
(a) | specify the name of the person to whom it is issued, |
| 25 |
(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 |
| |
| 30 |
(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 |
| 35 |
| |
(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 |
| 40 |
conditions or conditions attached to the licence by virtue of a provision |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
148 | Combined licence, &c. |
| |
| 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)). |
| 10 |
(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 |
| |
| |
(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 |
| 15 |
| |
(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 |
| 20 |
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 |
| |
| |
(b) | the application for the subsidiary licence may be granted only after, or |
| |
together with, the grant of the application for variation. |
| 25 |
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, |
| 30 |
(b) | in accordance with any relevant guidance issued by the Commission |
| |
| |
(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 |
| 35 |
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 |
| |
| |
(3) | This section is subject to section 161. |
| 40 |
|
| |
|