Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Gambling Bill

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Part 8 — Premises Licences
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(a)
adding, amending or removing an authorised activity,
(b)
amending another detail of the licence,
(c)
excluding a condition attached by virtue of section 163, or
(d)
adding, amending or removing a condition attached to the licence
under section 164.
5
(2)
A licence may not be varied under this section so as to relate to premises to
which it did not previously relate.
(3)
The provisions of this Part shall apply in relation to an application for variation
as they apply in relation to an application for a premises licence—
(a)
subject to the provisions of this section, and
10
(b)
with any other necessary modifications.
(4)
Regulations under this Part which relate to an application for a premises
licence may make—
(a)
provision which applies only in the case of an application for variation;
(b)
provision which does not apply in the case of an application for
15
variation;
(c)
different provision in relation to an application for variation from that
made in relation to an application for a premises licence;
(d)
different provision in relation to applications for variations of different
kinds.
20
(5)
An application for variation must (in addition to anything required by section
154) be accompanied by a statement of the variation sought.
(6)
An application for variation must (in addition to anything required by section
154) also be accompanied by —
(a)
the licence to be varied, or
25
(b)
both—
(i)
a statement explaining why it is not reasonably practicable to
produce the licence, and
(ii)
an application under section 181 for the issue of a copy of the
licence.
30
(7)
In granting an application for variation a licensing authority—
(a)
shall specify a time when the variation shall begin to have effect, and
(b)
may make transitional provision.
179
Transfer
(1)
A person may apply to a licensing authority for a premises licence to be
35
transferred to him.
(2)
The provisions of this Part shall apply in relation to an application for transfer
as they apply in relation to an application for a premises licence—
(a)
subject to the provisions of this section and section 180, and
(b)
with any other necessary modifications.
40
(3)
An application for transfer must (in addition to anything required by section
154)—
(a)
specify the time when the transfer is to take effect, and

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(b)
be accompanied by a written statement by the licensee consenting to
the transfer.
(4)
A licensing authority shall grant an application for transfer unless they think it
would be wrong to do so having regard to representations made under section
156 (as applied by subsection (2) above).
5
(5)
On the grant of an application for the transfer of a premises licence the
licensing authority—
(a)
shall alter the licence so that the applicant for the transfer becomes the
licensee,
(b)
shall specify in the licence the time when the transfer takes effect (being
10
either the time specified in the application under subsection (3) above
or, if later, the time when the application is granted), and
(c)
shall make such other alteration of the licence as appears to them to be
required (which may, in particular, include an alteration to reflect a
decision of the authority under section 164 as applied by subsection (2)
15
above to make new or varied provision for the attachment or exclusion
of conditions).
180
Transfer: supplemental
(1)
If an application for transfer under section 179 states that the applicant has
failed to contact the licensee having taken all reasonable steps to do so, the
20
licensing authority shall—
(a)
disapply section 179(3)(b) and take all reasonable steps to notify the
licensee, or
(b)
determine not to disapply section 179(3)(b) and notify the applicant of
their determination and the reasons for it.
25
(2)
An application for transfer must (in addition to anything required by section
154) be accompanied by—
(a)
the licence, or
(b)
both—
(i)
a statement explaining why it is not reasonably practicable to
30
produce the licence, and
(ii)
an application by the licensee under section 181 for the issue of
a copy of the licence.
(3)
In relation to an application for transfer to which subsection (1) applies, for the
purposes of any application under section 181 required in accordance with
35
subsection (2)(b)(ii) above—
(a)
the application under that section shall be made by the applicant for
transfer, and
(b)
a reference to the licence being lost, stolen or damaged shall be treated
as a reference to the licence being unavailable to the applicant for
40
transfer.
(4)
Regulations under section 155, as they have effect in relation to applications for
transfer by virtue of section 179(2), may require notice to be given to specified
responsible authorities (and not to all responsible authorities).
(5)
Section 156 shall have effect in relation to an application for transfer with the
45
omission of the reference to interested parties.

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(6)
If an application for the transfer of a premises licence includes a request that
this subsection apply, the licence shall have effect as if the applicant for transfer
were the licensee during the period—
(a)
beginning with the receipt of the application for transfer by the
licensing authority, and
5
(b)
ending with the determination of the application by the licensing
authority.
181
Copy of licence
(1)
Where a premises licence issued, or a summary given, under section 159 is lost,
stolen or damaged, the licensee may apply to the licensing authority for a copy.
10
(2)
An application under subsection (1) must be accompanied by the prescribed
fee.
(3)
A licensing authority shall consider an application under this section as soon
as is reasonably practicable and shall grant it if satisfied—
(a)
that the licence or summary to which the application relates has been
15
lost, stolen or damaged, and
(b)
where the licence or summary has been lost or stolen, that the loss or
theft has been reported to the police.
(4)
As soon as is reasonably practicable after granting an application under this
section a licensing authority shall issue a copy of the licence or summary to the
20
applicant—
(a)
certified by the authority as a true copy, and
(b)
in, or in relation to, the form in which the licence had effect before the
loss, theft or damage.
(5)
A copy of a licence or summary issued under this section shall be treated as if
25
it were the licence or summary.
(6)
In subsection (2), “prescribed” means—
(a)
in relation to applications to authorities in England and Wales,
prescribed by regulations made by the Secretary of State, and
(b)
in relation to applications to authorities in Scotland, prescribed by
30
regulations made by the Scottish Ministers.
Duration
182
Initial duration
(1)
The Secretary of State may by regulations prescribe a period at the end of
which premises licences expire (unless they cease to have effect earlier in
35
accordance with a provision of this Part).
(2)
Regulations under this section may make provision about renewal (and may,
in particular, apply or make provision similar to any provision of this Part
about an application for a premises licence).
(3)
Regulations under this section may make provision which applies to licences
40
issued before the regulations are made.

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(4)
If the Secretary of State does not prescribe a period under this section in respect
of a premises licence, it shall continue to have effect unless and until it ceases
to have effect in accordance with a provision of this Part.
183
Surrender
(1)
A premises licence shall cease to have effect if the licensee—
5
(a)
notifies the licensing authority of his intention to surrender the licence,
and
(b)
gives the licensing authority either—
(i)
the licence, or
(ii)
a written statement explaining why it is not reasonably
10
practicable to produce the licence.
(2)
As soon as is reasonably practicable after receipt of notification under
subsection (1)(a) the licensing authority shall notify—
(a)
the Commission,
(b)
either—
15
(i)
in England and Wales, the chief officer of police for any 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
situated, and
20
(c)
Her Majesty’s Commissioners of Customs and Excise.
184
Revocation for failure to pay fee
(1)
Where the holder of a premises licence fails to pay the annual fee in accordance
with regulations under section 175 the licensing authority shall revoke the
licence.
25
(2)
But the licensing authority may disapply subsection (1) if they think that a
failure to pay is attributable to administrative error.
185
Lapse
(1)
In the case of a premises licence issued to an individual, the licence shall lapse
if—
30
(a)
the licensee dies,
(b)
the licensee becomes, in the opinion of the licensing authority as
notified to the licensee, incapable of carrying on the licensed activities
by reason of mental or physical incapacity,
(c)
the licensee becomes bankrupt (within the meaning of section 381 of the
35
Insolvency Act 1986 (c. 45)), or
(d)
sequestration of the licensee’s estate is awarded under section 12(1) of
the Bankruptcy (Scotland) Act 1985 (c. 66).
(2)
In any other case a premises licence shall lapse if the licensee—
(a)
ceases to exist, or
40
(b)
goes into liquidation (within the meaning of section 247(2) of the
Insolvency Act 1986).

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(3)
If a licensing authority become aware that a premises licence issued by them
has lapsed, they shall as soon as is reasonably practicable notify—
(a)
the Commission,
(b)
either—
(i)
in England and Wales, the chief officer of police for any area in
5
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
(c)
Her Majesty’s Commissioners of Customs and Excise.
10
186
Reinstatement
(1)
This section applies where a premises licence lapses under section 185.
(2)
During the period of seven days beginning with the date of the lapse of the
premises licence a person may apply to the licensing authority for the licence
to be reinstated with the applicant as the licensee.
15
(3)
The provisions of this Part shall apply in relation to an application for
reinstatement as they apply in relation to an application for a premises
licence—
(a)
subject to the provisions of this section and section 187, and
(b)
with any other necessary modifications.
20
(4)
An application for reinstatement must (in addition to anything required by
section 154) request that the reinstatement take effect upon the application
being granted.
(5)
A licensing authority shall grant an application for reinstatement unless they
think it would be wrong to do so having regard to representations made under
25
section 156 (as applied by subsection (3) above).
(6)
On the grant of an application for the reinstatement of a premises licence the
licensing authority—
(a)
shall alter the licence so that the applicant for reinstatement becomes
the licensee,
30
(b)
shall specify in the licence that the reinstatement takes effect at the time
when the application is granted, and
(c)
shall make such other alteration of the licence as appears to them to be
required (which may, in particular, include an alteration to reflect a
decision of the authority under section 164 as applied by subsection (3)
35
above to make new or varied provision for the attachment or exclusion
of conditions).
187
Reinstatement: supplemental
(1)
An application under section 186 for the reinstatement of a premises licence
must (in addition to anything required by section 154) be accompanied by—
40
(a)
the licence, or
(b)
both—
(i)
a statement explaining why it is not reasonably practicable to
produce the licence, and

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(ii)
an application under section 181 for the issue of a copy of the
licence.
(2)
In the case of an application under section 181 made in accordance with
subsection (1)(b)(ii) above—
(a)
the application shall be made by the applicant for reinstatement, and
5
(b)
a reference to the licence being lost, stolen or damaged shall be treated
as a reference to the licence being unavailable to the applicant for
reinstatement.
(3)
Regulations under section 155, as they have effect in relation to applications for
reinstatement by virtue of section 186(3), may require notice to be given to
10
specified responsible authorities (and not to all responsible authorities).
(4)
Section 156 shall have effect in relation to an application for reinstatement with
the omission of the reference to interested parties.
(5)
Where an application is made under section 186 for the reinstatement of a
premises licence, the licence shall have effect as if the applicant for
15
reinstatement were the licensee during the period—
(a)
beginning with the receipt of the application for reinstatement by the
licensing authority, and
(b)
ending with the determination of the application by the licensing
authority.
20
Review
188
Application for review
(1)
A responsible authority or interested party may apply to the licensing
authority for a review by the authority of a premises licence.
(2)
An application must—
25
(a)
be made in the prescribed form and manner,
(b)
specify the grounds on which the review is sought, and
(c)
contain or be accompanied by the prescribed information or
documents.
(3)
The Secretary of State may make regulations requiring an applicant—
30
(a)
to give notice of his application to the licensee;
(b)
to give notice of his application to the responsible authorities in relation
to the premises.
(4)
The Secretary of State may make regulations requiring the licensing authority
to whom an application is made under this section to publish notice of the
35
application.
(5)
Regulations under subsection (3) or (4) 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
40
(c)
for the consequences of failure to comply with the regulations.

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(6)
Regulations by virtue of subsection (5)(a) shall, in particular, require a notice to
specify a period of time during which representations about the application
may be made to the licensing authority by—
(a)
the licensee,
(b)
a responsible authority, or
5
(c)
an interested party.
(7)
In relation to applications to authorities in Scotland, subsections (3) and (4)
shall have effect as if the references to the Secretary of State were references to
the Scottish Ministers.
189
Rejection of application
10
(1)
A licensing authority may reject an application under section 188 for the
review of a premises licence if they think that the grounds on which the review
is sought—
(a)
do not raise an issue relevant to the principles to be applied in
accordance with section 149,
15
(b)
are frivolous,
(c)
are vexatious,
(d)
will certainly not cause the authority to wish to take action of a kind
specified in section 193(1),
(e)
are substantially the same as the grounds specified in an earlier
20
application under section 188 in respect of the premises licence, or
(f)
are substantially the same as representations made under section 156 in
relation to the application for the premises licence.
(2)
In determining whether to exercise the power to reject an application under
section 188 in accordance with subsection (1)(e) or (f), a licensing authority
25
shall consider the length of time that has elapsed since the making of the earlier
application or since the making of the representations under section 156.
(3)
If a licensing authority consider that paragraphs (a) to (f) apply to some but not
all of the grounds on which a review is sought, they may reject the application
in so far as it relies on grounds to which those paragraphs apply.
30
(4)
In this section a reference to section 156 includes a reference to that section as
applied by section 178(3).
190
Grant of application
(1)
This section applies where an application for review has been made to a
licensing authority under section 188.
35
(2)
If, or in so far as, the licensing authority do not reject the application under
section 189 they shall grant it.
191
Initiation of review by licensing authority
(1)
A licensing authority may review in relation to premises licences of a particular
class—
40
(a)
the use made of premises, and