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164 | Conditions imposed or excluded by licensing authority |
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(1) | Where a licensing authority issue a premises licence they may— |
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(a) | attach a condition to the licence; |
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(b) | exclude a condition that would otherwise be attached to the licence by |
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(2) | A condition attached to the licence under subsection (1)(a) may, in particular, |
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address a matter addressed by a condition excluded under subsection (1)(b). |
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(3) | A condition attached to the licence under subsection (1)(a) may apply in |
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relation to the premises generally or only in relation to a specified part of the |
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A premises licence may not be subject to a condition (whether imposed by |
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(a) | requiring all or part of the premises, or any activity taking place on the |
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premises, to be operated or carried on as a club or other body with |
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(b) | restricting use of any part of the premises wholly or partly by reference |
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to membership of a club or other body. |
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A premises licence may not be subject to a condition (whether imposed by |
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virtue of section 162, 163 or 164) imposing limits on— |
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(1) | An adult gaming centre premises licence shall, by virtue of this section, |
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(a) | to make up to four Category B gaming machines available for use on |
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(b) | to make any number of Category C gaming machines available for use |
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(c) | to make any number of Category D gaming machines available for use |
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(2) | A family entertainment centre premises licence shall, by virtue of this section, |
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(a) | to make any number of Category C gaming machines available for use |
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(b) | to make any number of Category D gaming machines available for use |
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|
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(3) | A casino premises licence for a regional casino using at least 40 gaming tables |
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shall by virtue of this section authorise the holder to make gaming machines |
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available for use on the premises provided that— |
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(a) | each gaming machine is of Category A, B, C or D, and |
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(b) | the number of gaming machines— |
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(i) | is not more than 25 times the number of gaming tables used in |
| |
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(ii) | is not more than 1250. |
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(4) | A casino premises licence for a large casino using at least one gaming table, or |
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for a regional casino using fewer than 40 gaming tables, shall by virtue of this |
| 10 |
section authorise the holder to make gaming machines available for use on the |
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(a) | each gaming machine is of Category B, C or D, and |
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(b) | the number of gaming machines— |
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(i) | is not more than 5 times the number of gaming tables used in |
| 15 |
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(ii) | is not more than 150. |
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(5) | A casino premises licence for a small casino using at least one gaming table |
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shall by virtue of this section authorise the holder to make gaming machines |
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available for use on the premises provided that— |
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(a) | each gaming machine is of Category B, C or D, and |
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(b) | the number of gaming machines— |
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(i) | is not more than twice the number of gaming tables used in the |
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(ii) | is not more than 80. |
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(6) | The Secretary of State may by regulations— |
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(a) | define “gaming table” for the purposes of subsections (3) to (5); |
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(b) | provide that a gaming table is to be treated as being used in a casino for |
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the purposes of those subsections only if used— |
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(i) | for a specified purpose, |
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(ii) | in specified circumstances, and |
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(iii) | to a specified extent; |
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(c) | provide for a number of tables are to be treated as if they were a single |
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gaming table in specified circumstances. |
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(7) | A bingo premises licence shall, by virtue of this section, authorise the holder— |
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(a) | to make up to four Category B gaming machines available for use on |
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(b) | to make any number of Category C gaming machines available for use |
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(c) | to make any number of Category D gaming machines available for use |
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(8) | A betting premises licence shall, by virtue of this section, authorise the holder |
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to make up to four gaming machines, each of which must be of Category B, C |
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(9) | But subsection (8) applies to a betting premises licence in respect of a track only |
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if the holder also holds a pool betting operating licence. |
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(10) | A premises licence may not (whether by way of condition or otherwise)— |
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|
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(a) | make provision about the number or categories of gaming machine that |
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may be made available for use that contradicts a provision of this |
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(b) | make provision that contradicts a provision of regulations under |
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(c) | make provision of a kind prohibited by regulations under any of those |
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(11) | The Secretary of State may by order amend a provision of this section so as to |
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(a) | the number of machines authorised by a specified kind of premises |
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(b) | the category of machines authorised by a specified kind of premises |
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(1) | The kinds of premises licence specified in subsection (2) shall by virtue of this |
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section authorise the holder to make facilities available for betting on the |
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outcome of a virtual game, race, competition or other event or process. |
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(2) | Those kinds of licence are— |
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(a) | a casino premises licence, and |
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(b) | a betting premises licence. |
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169 | Casino premises licence |
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(1) | A casino premises licence may be issued only in respect of— |
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(2) | A casino premises licence shall, by virtue of this section and subject to |
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subsection (3), authorise the holder to use the premises to make available any |
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number of games of chance other than casino games. |
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(3) | A casino premises licence shall, by virtue of this subsection and subject to |
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subsection (4), authorise the holder, and any person authorised by him in |
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writing, to use the premises for the provision of facilities for— |
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(4) | In respect of a small casino, subsection (3) shall not apply in so far as it |
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(5) | The Secretary of State may by order repeal subsection (4) (and this subsection). |
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(6) | Regulations under section 162 or 163 may, in particular, make provision in |
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relation to casino premises licences, or in relation to a class of casino premises |
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licence, for a condition requiring the provision of recreational or other facilities |
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(7) | Subsection (6) is without prejudice to the generality of sections 162, 163 and |
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170 | Casino premises licence: overall limits |
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(1) | No more than eight casino premises licences may have effect at any time in |
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respect of regional casinos. |
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(2) | No more than eight casino premises licences may have effect at any time in |
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respect of large casinos. |
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(3) | No more than eight casino premises licences may have effect at any time in |
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respect of small casinos. |
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(4) | The Secretary of State shall, having consulted the Scottish Ministers and the |
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National Assembly for Wales, by order make provision for determining the |
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geographical distribution of casino premises licences within the limits |
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specified in subsections (1) to (3); for which purpose the order shall— |
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(a) | specify which licensing authorities may issue casino premises licences |
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(b) | in respect of each specified authority, specify the number of casino |
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premises licences of each kind issued by the authority that may have |
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(5) | An application for a casino premises licence may not be made to a licensing |
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authority if subsections (1) to (3) and the order under subsection (4) would |
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prevent the authority from granting the application. |
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(6) | An application for a provisional statement may not be made to a licensing |
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authority if it relates to a casino and is made at a time when subsections (1) to |
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(3) and the order under subsection (4) would prevent the authority from |
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granting a casino premises licence in response to an application made in |
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reliance on the provisional statement. |
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(7) | Schedule 9 (which makes provision about the treatment of applications for |
| 25 |
casino premises licences and provisional statements) shall have effect. |
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(8) | The Secretary of State may by order— |
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(a) | amend any of subsections (1), (2) and (3) so as to substitute a new |
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maximum number of casino premises licences; |
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(b) | repeal any of subsections (1), (2) and (3). |
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(1) | Where a condition for door supervision is attached to a premises licence |
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(whether by virtue of section 162, 163 or 164) the licence shall also by virtue of |
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this section be subject to the condition specified in subsection (3). |
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(2) | In subsection (1) “condition for door supervision” means a condition requiring |
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that one or more persons be responsible for guarding the premises against |
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unauthorised access or occupation, against outbreaks of disorder or against |
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damage, where the guarding will amount to an activity of a security operative |
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for the purposes of paragraph 2(1)(a) of Schedule 2 to the Private Security |
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Industry Act 2001 (c. 12). |
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(3) | The condition mentioned at the end of subsection (1) is the condition that the |
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activity mentioned in subsection (2) be performed by a person who holds a |
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(a) | is granted by the Security Industry Authority, and |
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(b) | authorises the performance of the activity. |
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(4) | This section shall not apply in relation to a premises licence issued by an |
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172 | Pool betting on track |
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(1) | A betting premises licence in respect of a track may not authorise the |
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acceptance of bets by way of pool betting except in a case to which subsection |
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(2) | This subsection applies to the acceptance of bets, by way of pool betting on |
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horse-racing or dog-racing— |
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(a) | by the holder of the betting premises licence, or |
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(b) | in accordance with arrangements made by him. |
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(3) | The Secretary of State may by order amend this section so as to— |
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(a) | add an exception to subsection (1), |
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(b) | amend an exception to subsection (1), or |
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(c) | remove an exception to subsection (1). |
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(1) | A condition of a betting premises licence may relate to— |
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(a) | the number of machines used on the premises for the purpose of |
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making or accepting bets; |
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(b) | the nature of those machines; |
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(c) | the circumstances in which those machines are made available for use. |
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(2) | A condition of a casino premises licence may relate to— |
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(a) | the number of machines used on the premises for the purpose of |
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making or accepting bets; |
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(b) | the nature of those machines; |
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(c) | the circumstances in which those machines are made available for use. |
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(3) | In this section “condition” means a condition imposed by virtue of section |
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174 | Exclusion of children from track areas |
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(1) | A premises licence in respect of a track shall by virtue of this section be subject |
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to the condition that the licensee shall ensure that children and young persons |
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(a) | any area where facilities for betting are provided, and |
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(b) | any area where a gaming machine, other than a Category D machine, is |
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(2) | But subsection (1)(a)— |
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(a) | shall not apply to a dog-race track on a day on which dog-racing takes |
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place, or is expected to take place, on the track, and |
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(b) | shall not apply to a horse-race course on a day on which horse-racing |
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takes place, or is expected to take place, on the course. |
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(3) | For the purposes of this section a reference to the area where facilities are |
| 40 |
provided or where a machine is situated is a reference to any place in which it |
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is possible to take advantage of the facilities or use the machine. |
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(4) | The Secretary of State may by order amend this section so as to— |
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(a) | provide an additional exception to subsection (1)(a), |
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(b) | remove an exception to subsection (1)(a), or |
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(c) | amend an exception to subsection (1)(a). |
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| 5 |
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(1) | The holder of a premises licence— |
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(a) | shall pay a first annual fee to the licensing authority within such period |
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after the issue of the licence as may be prescribed, and |
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(b) | shall pay an annual fee to the licensing authority before each |
| 10 |
anniversary of the issue of the licence. |
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(2) | In this section “annual fee” means a fee of such amount as may be prescribed |
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(a) | in relation to premises licences issued by authorities in England and |
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Wales, by the Secretary of State, and |
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(b) | in relation to premises licences issued by authorities in Scotland, by the |
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(3) | Regulations prescribing the annual fee may, in particular, make different |
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(a) | licences authorising different classes of activity, or |
| 20 |
(b) | different circumstances. |
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(4) | The Secretary of State may by regulations— |
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(a) | require a licensing authority to refund a prescribed part of an annual |
| |
fee paid under this section where a premises licence ceases to have |
| |
effect otherwise than on or immediately before an anniversary of its |
| 25 |
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(b) | require a licensing authority to refund a prescribed part of an annual |
| |
fee paid under this section if a premises licence is altered under section |
| |
177, 178, 179 or 193 and the annual fee for the licence as altered is less |
| |
than the annual fee for the licence before alteration, and |
| 30 |
(c) | require a licensee to pay an additional amount by way of annual fee if |
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a premises licence is altered under section 177, 178, 179 or 193 and the |
| |
annual fee for the licence as altered is more than the annual fee for the |
| |
licence before alteration. |
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(5) | In relation to premises licences issued by authorities in Scotland, subsection (4) |
| 35 |
shall have effect as if the reference to the Secretary of State were a reference to |
| |
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(6) | Subsection (1)(b) does not apply in relation to an anniversary of the issue of a |
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licence on or immediately before which the licence expires in accordance with |
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regulations under section 182(1). |
| 40 |
176 | Availability of licence |
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(1) | The holder of a premises licence shall— |
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(a) | keep the licence on the premises, and |
| |
(b) | arrange for the licence to be made available on request to— |
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|
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(ii) | an enforcement officer, or |
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(iii) | an authorised local authority officer. |
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(2) | A person commits an offence if he fails without reasonable excuse to comply |
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(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. |
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177 | Change of circumstance |
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(1) | If the holder of a premises licence ceases to reside or attend at the address |
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specified in the licence under section 147(1)(b) he shall as soon as is reasonably |
| 10 |
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(a) | notify the licensing authority, and |
| |
(b) | inform the licensing authority of a home or business address at which |
| |
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(2) | The Secretary of State may make regulations requiring the holder of a premises |
| 15 |
| |
(a) | to notify the licensing authority of any change of circumstance of a |
| |
prescribed kind in relation to him or to an authorised activity, and |
| |
(b) | to give the licensing authority prescribed details of the change. |
| |
(3) | If a change of circumstance notified under or by virtue of this section falsifies |
| 20 |
information contained in the premises licence in accordance with section 147, |
| |
the notification must be accompanied by— |
| |
| |
(b) | an application under section 181 for a copy of the licence. |
| |
(4) | Where notification is accompanied by the licence, the licensing authority |
| 25 |
| |
(a) | make such alteration to the information contained in the licence as |
| |
appears to them to be required by the change in circumstance, and |
| |
(b) | return the licence to the licensee. |
| |
(5) | Where the notification is accompanied by an application for a copy of the |
| 30 |
licence, the licensing authority shall, if they grant the application, issue the |
| |
copy in a form which appears to them to reflect the change in circumstance. |
| |
(6) | The holder of a premises licence commits an offence if he fails without |
| |
reasonable excuse to comply with a provision of this section or of regulations |
| |
| 35 |
(7) | A person guilty of an offence under subsection (6) shall be liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
(8) | This section does not prevent the imposition of a requirement to notify the |
| |
licensing authority of a specified change of circumstance by way of the |
| |
attachment of a condition to a premises licence. |
| 40 |
178 | Application to vary licence |
| |
(1) | The holder of a premises licence may apply to the licensing authority to vary |
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|
