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Gambling Bill


Gambling Bill
Part 8 — Premises Licences

88

 

(b)   

in particular, arrangements made by licensees to ensure compliance

with conditions attached under section 162, 163 or 164 or by a provision

of this Part.

(2)   

A licensing authority may review any matter connected with the use of

premises in reliance on a premises licence if the authority—

5

(a)   

have reason to suspect that the premises may have been used in

purported reliance on a licence but not in accordance with a condition

of the licence, or

(b)   

for any reason (which may relate to the receipt of a complaint about the

use of the premises) think that a review would be appropriate.

10

(3)   

Before reviewing a premises licence under subsection (2) the licensing

authority shall—

(a)   

give notice of their intention to hold the review to the licensee, and

(b)   

publish notice of their intention to hold the review.

(4)   

The Secretary of State may make regulations about—

15

(a)   

the manner and form in which notice under subsection (3) is to be given

or published, and

(b)   

the period of time within which notice is to be given or published.

(5)   

Regulations by virtue of subsection (4)(a) shall, in particular, require a notice to

specify a period of time during which representations about the review may be

20

made to the licensing authority by—

(a)   

the licensee,

(b)   

a responsible authority, or

(c)   

an interested party.

(6)   

In relation to notice given by a licensing authority in Scotland, subsection (4)

25

shall have effect as if the reference to the Secretary of State were a reference to

the Scottish Ministers.

192     

Review

(1)   

This section applies where a licensing authority—

(a)   

have granted an application for a review of a premises licence under

30

section 190, or

(b)   

have given notice under section 191 of their intention to hold a review

of a premises licence.

(2)   

As soon as is reasonably practicable after the expiry of any period for

representations prescribed under section 188(6) or 191(5), the licensing

35

authority shall review the premises licence.

(3)   

The purpose of the review shall be to consider whether to take action of a kind

specified in section 193(1) in relation to the licence.

(4)   

In conducting a review of a premises licence a licensing authority shall hold a

hearing unless—

40

(a)   

the applicant for the review (if there is one), and each person who has

made representations about the review under section 188(6) or 191(5),

have consented to the conduct of the review without a hearing, or

(b)   

the licensing authority think that each representation made about the

review in accordance with section 188(6) or 191(5)—

45

 
 

Gambling Bill
Part 8 — Premises Licences

89

 

(i)   

is frivolous,

(ii)   

is vexatious, or

(iii)   

will certainly not influence the review.

(5)   

In considering whether to take action of a kind specified in section 193(1) the

licensing authority shall have regard (in addition to the matters specified in

5

section 149) to—

(a)   

any representations made in accordance with section 188(6) or 191(5),

(b)   

any representations made at the hearing of the review (if there is one),

and

(c)   

in the case of a review held in response to an application under section

10

188, the grounds specified in the application for the review (apart from

any in relation to which the application was rejected under section

189(3)).

193     

Action following review

(1)   

As a result of a review of a premises licence under section 192 a licensing

15

authority may—

(a)   

revoke the licence;

(b)   

suspend the licence for a specified period not exceeding three months;

(c)   

exclude a condition attached to the licence under section 163;

(d)   

add, remove or amend a condition under section 164.

20

(2)   

If the licensing authority decide to take action of a kind specified in subsection

(1) they shall specify the time at which the action shall take effect.

(3)   

A licensing authority may, in particular, take action under subsection (1) on the

grounds that the licensee has not used the licence.

194     

Determination

25

(1)   

As soon as possible after completion of a review of a premises licence under

section 192 a licensing authority shall give notice of their decision on the

review to—

(a)   

the licensee,

(b)   

the applicant for the review (if any),

30

(c)   

the Commission,

(d)   

any person who made representations in accordance with section 188

or 191,

(e)   

either—

(i)   

in England and Wales, the chief officer of police for any area in

35

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

(f)   

Her Majesty’s Commissioners of Customs and Excise.

40

(2)   

A notice under subsection (1)—

(a)   

must be in the prescribed form, and

(b)   

must give the authority’s reasons for their decision.

 
 

Gambling Bill
Part 8 — Premises Licences

90

 

Provisional statement

195     

Application

(1)   

A person may make an application for a provisional statement in respect of

premises—

(a)   

that he expects to be constructed,

5

(b)   

that he expects to be altered, or

(c)   

that he expects to acquire a right to occupy.

(2)   

The provisions of this Part shall apply in relation to an application for a

provisional statement as they apply in relation to an application for a premises

licence—

10

(a)   

subject to the provisions of this section and section 196, and

(b)   

with any other necessary modifications.

(3)   

An application for a provisional statement shall include such plans and other

information in relation to the construction, alteration or acquisition as may be

prescribed.

15

(4)   

Sections 148(1)(b) and 154(3) and (5) shall not apply in relation to an

application for a provisional statement.

196     

Effect

(1)   

This section applies where—

(a)   

a licensing authority issue a provisional statement in respect of

20

premises, and

(b)   

an application is made under section 154 for a premises licence in

respect of the premises.

(2)   

The licensing authority shall disregard any representations made in relation to

the application for the premises licence unless they think that the

25

representations—

(a)   

address matters that could not have been addressed in representations

in relation to the application for the provisional statement, or

(b)   

reflect a change in circumstances.

(3)   

The licensing authority may refuse the application, or grant it on terms or

30

conditions not included in the provisional statement, only by reference to

matters which—

(a)   

the authority have considered in reliance on subsection (2)(a), or

(b)   

in the authority’s opinion reflect a change in circumstances.

(4)   

But subsections (2) and (3) do not apply in the case of a provisional statement

35

issued in response to an application under section 195(1)(a) or (b) if the

licensing authority think that the premises have been constructed or altered

otherwise than in accordance with the plans and information included with the

application for the provisional statement in accordance with section 195(3).

 
 

Gambling Bill
Part 8 — Premises Licences

91

 

Appeals

197     

Rights of appeal

(1)   

Where a licensing authority reject an application under this Part the applicant

may appeal.

(2)   

Where a licensing authority grant an application under this Part either of the

5

following may appeal—

(a)   

a person who made representations in relation to the application, and

(b)   

the applicant.

(3)   

Where a licensing authority take action under section 193 as a result of a review

of a premises licence, or determine to take no action as a result of a review, any

10

of the following may appeal—

(a)   

the licensee,

(b)   

a person who made representations in relation to the review,

(c)   

the person (if any) who applied for the review, and

(d)   

the Commission.

15

(4)   

Where a licensing authority take action or make a determination under section

179(4) or (5) either of the following may appeal—

(a)   

the licensee, and

(b)   

the applicant for transfer.

198     

Process

20

(1)   

An appeal under section 197 in relation to premises must be instituted—

(a)   

in the magistrates’ court for a petty sessions area in which the premises

are wholly or partly situated,

(b)   

by notice of appeal given to the justices’ chief executive, and

(c)   

within the period of 21 days beginning with the day on which the

25

appellant receives notice of the decision against which the appeal is

brought.

(2)   

Where an appeal is brought under section 197 the licence holder (or the

applicant in the case of an appeal against the grant of an application for a

premises licence) shall be a respondent in addition to the licensing authority

30

(unless he is the appellant).

(3)   

On an appeal under section 197 the magistrates’ court may—

(a)   

dismiss the appeal;

(b)   

substitute for the decision appealed against any decision that the

licensing authority could have made;

35

(c)   

remit the case to the licensing authority to decide in accordance with a

direction of the court;

(d)   

make an order about costs.

(4)   

Section 197 applies to a decision of a licensing authority following remittal

under subsection (3)(c) above.

40

(5)   

In relation to premises in Scotland—

(a)   

subsection (1)(a) shall have effect as if it referred to a sheriff within

whose sheriffdom the premises are wholly or partly situated,

 
 

Gambling Bill
Part 8 — Premises Licences

92

 

(b)   

subsection (1)(b) shall not have effect,

(c)   

the reference in subsection (3) to the magistrates’ court shall have effect

as a reference to the sheriff, and

(d)   

the reference in subsection (3) to costs shall have effect as a reference to

expenses.

5

199     

Stay pending appeal

(1)   

A determination or other action under this Part shall have no effect while an

appeal under section 197

(a)   

could be brought, or

(b)   

has been brought and has not yet been either finally determined or

10

abandoned.

(2)   

But a licensing authority making a determination or taking other action under

this Part may direct that subsection (1) shall not apply (in which case the

magistrates’ court or sheriff determining an appeal may make any order that it

or he thinks appropriate).

15

200     

Further appeal

A party to an appeal under section 197 may appeal on a point of law—

(a)   

in relation to premises in England and Wales, to the High Court, or

(b)   

in relation to premises in Scotland, to the Court of Session.

General

20

201     

Planning permission

(1)   

In making a decision in respect of an application under this Part a licensing

authority shall not have regard to whether or not a proposal by the applicant

is likely to be permitted in accordance with the law relating to planning or

building.

25

(2)   

A decision by a licensing authority under this Part shall not constrain any later

decision by the authority under the law relating to planning or building.

202     

Vehicles and vessels

(1)   

A premises licence—

(a)   

may not be issued in relation to a vehicle (or part of a vehicle),

30

(b)   

may be issued in relation to all or part of a passenger vessel,

(c)   

may be issued in relation to all or part of a vessel (within the meaning

of section 340(1)) situated at a fixed place in or on water, and

(d)   

may not be issued in relation to all or part of a vessel to which neither

of paragraphs (b) and (c) applies.

35

(2)   

In relation to a vessel, a reference in this Part to a place in which premises are

wholly or partly situated shall be construed—

(a)   

in the case of a vessel (within the meaning of section 340(1)) situated at

a fixed place in or on water, as a reference to that place,

(b)   

in the case of a vessel which is permanently moored at a place, as a

40

reference to that place,

 
 

Gambling Bill
Part 8 — Premises Licences

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(c)   

in the case of a vessel which is habitually moored at one place more

frequently or for longer periods than at any other place, as a reference

to that place, and

(d)   

in any other case, as a reference to any place at which a vessel is moored

or is likely to be moored, or to the place in the United Kingdom nearest

5

to any place at which a vessel is or is likely to be, while activities are

carried on in the vessel in reliance on a premises licence.

(3)   

In relation to a vessel, the following are responsible authorities for the

purposes of this Part (in addition to the persons listed in section 152)—

(a)   

a navigation authority, within the meaning of section 221(1) of the

10

Water Resources Act 1991 (c. 57), which has functions in relation to any

place where the vessel is or is likely to be while activities are carried on

in the vessel in reliance on a premises licence,

(b)   

the Environment Agency,

(c)   

the British Waterways Board, and

15

(d)   

the Secretary of State.

203     

Fees

(1)   

Regulations under this Part prescribing a fee—

(a)   

may provide for the amount of the fee to be determined by a licensing

authority, and

20

(b)   

may, if they make provision by virtue of paragraph (a), specify

constraints on a licensing authority’s power to determine the amount

of the fee.

(2)   

Where provision is made under subsection (1) for the amount of a fee to be

determined by a licensing authority, the authority—

25

(a)   

shall determine the amount of the fee,

(b)   

may determine different amounts for different classes of case specified

in the regulations (but may not otherwise determine different amounts

for different cases),

(c)   

shall publish the amount of the fee as determined from time to time,

30

and

(d)   

shall aim to ensure that in each financial year the income from fees of

that kind as nearly as possible equates to the costs of providing the

service to which the fee relates (including a reasonable share of

expenditure which is referable only partly or only indirectly to the

35

provision of that service).

(3)   

Regulations by virtue of this section may (without prejudice to the generality

of section 342)—

(a)   

make provision which applies generally or only to specified authorities

or classes of authority,

40

(b)   

make different provision for different authorities or classes of

authority, and

(c)   

make transitional provision in respect of a case where an authority

enters or leaves a class.

(4)   

A class of authority for the purposes of subsection (3) may, in particular, be

45

defined by reference to categories assigned under section 99 of the Local

Government Act 2003 (c. 26).

 
 

Gambling Bill
Part 9 — Temporary Use of Premises

94

 

(5)   

This section does not apply to Scotland.

204     

Interpretation

In this Part—

(a)   

“authorised activity”, in relation to a premises licence, means an

activity specified under section 147(1)(d),

5

(b)   

“chief officer of police” has the meaning given by section 101(1) of the

Police Act 1996 (c. 16),

(c)   

a reference to a chief officer’s area is a reference to the area in respect of

which he has responsibility under that Act,

(d)   

“holder”, in relation to a premises licence, means the person to whom

10

the licence is issued,

(e)   

“licensee”, in relation to a premises licence, also means the person to

whom the licence is issued,

(f)   

“the licensing authority”, in relation to a premises licence, means the

authority who issued the licence, and

15

(g)   

“prescribed” means prescribed by regulations made (except in sections

154, 159, 160, 175 and 181) by the Secretary of State.

Part 9

Temporary Use of Premises

Temporary use notice

20

205     

Exception to offence of using premises for gambling

(1)   

A person who uses premises to carry on an activity listed in section 36(1), or

who causes or permits premises to be used to carry on an activity to which that

section applies, does not commit an offence under that section if—

(a)   

a temporary use notice under this Part has effect in respect of the

25

premises, and

(b)   

the activity is carried on in accordance with the terms of the notice.

206     

Nature of notice

(1)   

A temporary use notice is a notice given in accordance with the provisions of

this Part—

30

(a)   

by the holder of an operating licence, and

(b)   

stating his intention to carry on one or more specified prescribed

activities.

(2)   

The Secretary of State may by regulations—

(a)   

prescribe activities which may be specified in a notice under subsection

35

(1)(b);

(b)   

prescribe combinations of activity that may not be specified in a notice

under subsection (1)(b);

(c)   

prescribe activities which may be specified under subsection (1)(b) only

if no other prescribed activity is specified in the notice.

40

 
 

 
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