Gambling Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

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.

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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).

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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,

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Part 8 — Premises Licences
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(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,

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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