Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

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Part 8 — Premises Licences
67

150
Delegation to licensing committee
(1)
The functions under this Part of a licensing authority in England and Wales are
by virtue of this subsection delegated to the licensing committee of the
authority established under section 6 of the Licensing Act 2003 (c. 17).
(2)
But—
5
(a)
a licensing authority’s power under section 161 is not delegated by
virtue of subsection (1) and may not be delegated by the authority,
(b)
a licensing authority’s functions under section 203 are not delegated by
virtue of subsection (1) but may be delegated by the authority, and
(c)
a licensing authority’s function under section 337 is not delegated by
10
virtue of subsection (1) and may not be delegated by the authority.
(3)
The following provisions of the Licensing Act 2003 shall apply in relation to a
function delegated to a licensing committee by virtue of subsection (1) or (2)(b)
as they apply in relation to a function delegated under that Act—
(a)
section 7(9) (referral back to licensing authority), and
15
(b)
section 10 (sub-delegation).
(4)
In the application of section 10(4) of that Act (matters not to be delegated to
officer) by virtue of subsection (3) above, the following shall be substituted for
the list of functions—
(a)
determination of an application for a premises licence in respect of
20
which representations have been made under section 156 (and not
withdrawn),
(b)
determination of an application for the variation of a premises licence
in respect of which representations have been made under section 156
as applied by section 178 (and not withdrawn),
25
(c)
determination of an application for transfer following representations
by the Commission,
(d)
determination of an application for a provisional statement under
section 195 in respect of which representations have been made under
section 156 as applied by section 195 (and not withdrawn), and
30
(e)
a review of a premises licence under section 192.
(5)
The provisions of section 9 of that Act and regulations under it apply to
proceedings of licensing committees and their sub-committees in relation to
the exercise of functions under this Part; and for that purpose regulations may,
in particular, make provision which applies—
35
(a)
only in relation to functions under that Act,
(b)
only in relation to functions under this Part, or
(c)
differently in relation to functions under that Act and functions under
this Part.
151
Register
40
(1)
A licensing authority shall—
(a)
maintain a register of premises licences issued by the authority together
with such other information as may be prescribed,
(b)
make the register and information available for inspection by members
of the public at all reasonable times, and
45
(c)
make arrangements for the provision of a copy of an entry in the
register, or of information, to a member of the public on request.

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(2)
A licensing authority may refuse to provide a copy of an entry or of
information unless the person seeking it pays a reasonable fee specified by the
authority.
(3)
The Secretary of State may make regulations about—
(a)
the form of the register;
5
(b)
the manner in which it is maintained.
(4)
The Secretary of State may make regulations—
(a)
requiring licensing authorities to give to the Commission specified
information about premises licences issued by them,
(b)
requiring the Commission to maintain a register of the information
10
provided to it under paragraph (a),
(c)
requiring the Commission to grant access to the register to members of
the public (without charge),
(d)
requiring the Commission to make copies of entries available on
request, and on payment of a reasonable fee, to members of the public,
15
and
(e)
excusing licensing authorities, wholly or partly, from compliance with
subsection (1).
Other relevant persons
152
Responsible authorities
20
For the purposes of this Part the following are responsible authorities in
relation to premises—
(a)
a licensing authority in England and Wales in whose area the premises
are wholly or partly situated,
(b)
the Commission,
25
(c)
either—
(i)
in England and Wales, the chief officer of police for a police area
in which the premises are wholly or partly situated, or
(ii)
in Scotland, the chief constable of the police force maintained
for a police area in which the premises are wholly or partly
30
situated,
(d)
the fire authority for an area in which the premises are wholly or partly
situated,
(e)
either—
(i)
in England and Wales, the local planning authority, in
35
accordance with Part I of the Town and Country Planning Act
1990 (c. 8), for an area in which the premises are wholly or
partly situated, or
(ii)
in Scotland, the planning authority, in accordance with Part 1 of
the Town and Country Planning (Scotland) Act 1997 (c. 8), for
40
an area in which the premises are wholly or partly situated,
(f)
the council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39) for an area in which the premises are wholly
or partly situated,
(g)
an authority which has functions by virtue of an enactment in respect
45
of minimising or preventing the risk of pollution of the environment or

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of harm to human health in an area in which the premises are wholly
or partly situated,
(h)
a body which is designated in writing for the purposes of this
paragraph, by the licensing authority for an area in which the premises
are wholly or partly situated, as competent to advise the authority
5
about the protection of children from harm,
(i)
Her Majesty’s Commissioners of Customs and Excise, and
(j)
any other person prescribed for the purposes of this section by
regulations made by the Secretary of State.
153
Interested party
10
For the purposes of this Part a person is an interested party in relation to a
premises licence or in relation to an application for or in respect of a premises
licence if, in the opinion of the licensing authority which issues the licence or
to which the application is made, the person—
(a)
lives sufficiently close to the premises to be likely to be affected by the
15
authorised activities,
(b)
has business interests that might be affected by the authorised
activities, or
(c)
represents persons who satisfy paragraph (a) or (b).
Application for licence
20
154
Making of application
(1)
A person may apply to a licensing authority for a premises licence to be issued
to him authorising the use of premises to carry on an activity listed in section
36(1).
(2)
An application must be made to a licensing authority in whose area the
25
premises are wholly or partly situated.
(3)
An application may be made only by a person who—
(a)
holds an operating licence which authorises him to carry on the activity
in respect of which the premises licence is sought, or
(b)
has made an application, which has not yet been determined, for an
30
operating licence which authorises him to carry on the activity in
respect of which the premises licence is sought.
(4)
But subsection (3) does not apply to an application for a premises licence which
authorises a track to be used for accepting bets (and which does not also,
otherwise than by virtue of section 167, authorise it to be used for another
35
purpose).
(5)
An application may be made only by a person who has a right to occupy the
premises to which the application relates.
(6)
An application must—
(a)
be made in the prescribed form and manner,
40
(b)
contain or be accompanied by the prescribed information or
documents, and
(c)
be accompanied by the prescribed fee.

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(7)
Regulations prescribing a matter for the purposes of this section may, in
particular, make different provision for—
(a)
applications in respect of different classes of activity, or
(b)
different circumstances.
(8)
In this section “prescribed” means—
5
(a)
in relation to applications to authorities in England and Wales,
prescribed by the Secretary of State, and
(b)
in relation to applications to authorities in Scotland, prescribed by the
Scottish Ministers.
155
Notice of application
10
(1)
The Secretary of State may make regulations requiring an applicant for a
premises licence—
(a)
to publish notice of his application;
(b)
to give notice of his application to the responsible authorities in relation
to the premises;
15
(c)
to give notice of his application to other persons.
(2)
Regulations under subsection (1) shall include provision—
(a)
about the manner and form in which notice is to be published or given,
(b)
about the period of time within which notice is to be published or
given, and
20
(c)
for the consequences of failure to comply with the regulations.
(3)
In so far as this section has effect in relation to applications to authorities in
Scotland, the reference to the Secretary of State shall have effect as a reference
to the Scottish Ministers.
156
Representations
25
(1)
Where an application is made to a licensing authority for a premises licence, an
interested party or responsible authority in relation to the premises may make
representations in writing to the licensing authority.
(2)
Representations under subsection (1) must be made within such period as the
Secretary of State shall prescribe by regulations.
30
(3)
In so far as this section has effect in relation to applications to authorities in
Scotland, the reference to the Secretary of State shall have effect as a reference
to the Scottish Ministers.
Determination of application
157
Requirement for hearing
35
(1)
In determining an application for a premises licence a licensing authority must
hold a hearing if—
(a)
an interested party or responsible authority has made (and not
withdrawn) representations about the application under section 156,
(b)
the authority propose to attach a condition to the licence under section
40
164, or

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(c)
the authority propose to exclude under section 164(1)(b) a condition
that would otherwise be attached to the licence under section 163.
(2)
But a licensing authority may determine an application for a premises licence
without a hearing despite subsection (1) with the consent of—
(a)
the applicant, and
5
(b)
any interested party or responsible authority who has made (and not
withdrawn) representations about the application under section 156.
(3)
A licensing authority may also determine an application for a premises licence
without a hearing despite subsection (1)(a) if the authority think that the
representations made under section 156—
10
(a)
are vexatious,
(b)
are frivolous, or
(c)
will certainly not influence the authority’s determination of the
application.
(4)
If a licensing authority propose to determine an application in reliance on
15
subsection (3) they shall as soon as is reasonably practicable notify any person
who made representations under section 156.
158
Determination of application
(1)
On considering an application for a premises licence (whether at a hearing or
not) a licensing authority shall—
20
(a)
grant it, or
(b)
reject it.
(2)
A licensing authority shall not determine an application for a premises licence
made in reliance on section 154(3)(b) until the relevant operating licence has
been issued (in a form which authorises the applicant to carry on the activity in
25
respect of which the premises licence is sought).
159
Grant of application
(1)
Where a licensing authority grant an application for a premises licence they
shall as soon as is reasonably practicable—
(a)
give notice of the grant to —
30
(i)
the applicant,
(ii)
the Commission,
(iii)
any person who made representations about the application
under section 156,
(iv)
in England and Wales, the chief officer of police for any area in
35
which the premises are wholly or partly situated,
(v)
in Scotland, the chief constable of the police force maintained
for a police area in which the premises are wholly or partly
situated, and
(vi)
Her Majesty’s Commissioners of Customs and Excise,
40
(b)
issue a premises licence to the applicant, and
(c)
give the applicant a summary of the terms and conditions of the licence
in the prescribed form.
(2)
A notice under subsection (1)(a)—
(a)
must be in the prescribed form,
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(b)
if the licensing authority have attached a condition to the licence under
section 164(1)(a) or excluded under section 164(1)(b) a condition that
would otherwise have attached by virtue of section 163, must give the
authority’s reasons, and
(c)
if representations were made about the application under section 156,
5
must give the authority’s response to the representations.
(3)
In this section “prescribed” means—
(a)
in relation to authorities in England and Wales, prescribed by the
Secretary of State, and
(b)
in relation to authorities in Scotland, prescribed by the Scottish
10
Ministers.
160
Rejection of application
(1)
Where a licensing authority reject an application for a premises licence they
shall as soon as is reasonably practicable give notice of the rejection to—
(a)
the applicant,
15
(b)
the Commission,
(c)
any person who made representations about the application under
section 156,
(d)
either—
(i)
in England and Wales, the chief officer of police for any area in
20
which the premises are wholly or partly situated, or
(ii)
in Scotland, the chief constable of the police force maintained
for a police area in which the premises are wholly or partly
situated, and
(e)
Her Majesty’s Commissioners of Customs and Excise.
25
(2)
A notice under subsection (1)—
(a)
must be in the prescribed form, and
(b)
must give the authority’s reasons for rejecting the application.
(3)
In this section “prescribed” means—
(a)
in relation to authorities in England and Wales, prescribed by the
30
Secretary of State, and
(b)
in relation to authorities in Scotland, prescribed by the Scottish
Ministers.
161
Resolution not to issue casino licences
(1)
A licensing authority may resolve not to issue casino premises licences.
35
(2)
In passing a resolution under subsection (1) a licensing authority may have
regard to any principle or matter.
(3)
A resolution under subsection (1)—
(a)
must apply to the issue of casino premises licences generally,
(b)
must specify the date on which it takes effect,
40
(c)
may be revoked by a further resolution, and
(d)
shall lapse at the end of the period of three years beginning with the
date on which it takes effect (without prejudice to the ability to pass a
new resolution).

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(4)
A resolution under subsection (1)—
(a)
may be passed whether or not the licensing authority has already
issued casino premises licences,
(b)
shall have no effect in relation to a casino premises licence issued before
the resolution takes effect,
5
(c)
shall have no effect in relation to premises in respect of which a
provisional statement relating to the operation of a casino is in force
when the resolution takes effect,
(d)
shall have no effect in relation to anything converted into a casino
premises licence by virtue of Schedule 18,
10
(e)
shall not affect the issuing of a casino premises licence in accordance
with a requirement by virtue of Schedule 18, and
(f)
may not be taken into account in conducting a review of a casino
premises licence under section 192.
(5)
A resolution under subsection (1) shall be published by being included in a
15
statement or revision under section 337.
(6)
Section 149 is subject to this section.
Conditions
162
Mandatory conditions
(1)
The Secretary of State may by regulations provide for a specified condition to
20
be attached to premises licences.
(2)
Regulations under this section may, in particular—
(a)
make provision which applies generally, only to premises licences in a
specified class or only in specified circumstances;
(b)
make different provision for different classes of licence or for different
25
circumstances.
(3)
In relation to premises licences issued in Scotland subsection (1) shall have
effect as if the reference to the Secretary of State were a reference to the Scottish
Ministers.
163
Default conditions
30
(1)
The Secretary of State may by regulations prescribe for a specified condition to
be attached to any premises licence unless excluded by the authority who issue
the licence.
(2)
Regulations under this section may, in particular—
(a)
make provision which applies generally, only to premises licences in a
35
specified class or only in specified circumstances;
(b)
make different provision for different classes of licence or for different
circumstances.
(3)
In relation to a premises licence issued by an authority in Scotland subsection
(1) shall have effect as if the reference to the Secretary of State were a reference
40
to the Scottish Ministers.