Vote Bundle Text (950120-02)

Amendments proposed to the Gambling Bill, As Amended - continued	House of Commons

back to previous text

Secretary Tessa Jowell

Page 121, line 24 [Clause 272], leave out '£1,000' and insert '£2,000'.

Secretary Tessa Jowell

Page 121, line 26 [Clause 272], leave out '£1,000' and insert '£2,000'.

Secretary Tessa Jowell

Page 121, line 32 [Clause 272], after 'licence' insert 'or relevant Scottish licence'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

110

Page 24, line 34, leave out Clause 58.

NEW CLAUSES

Prize gaming permit

Secretary Tessa Jowell

NC1

To move the following Clause:—

'(1) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which an application has been made for a prize gaming permit for a purpose connected with the consideration of the application.

(2) A constable, enforcement officer or authorised local authority officer may enter premises in respect of which a prize gaming permit has effect for the purposes of determining whether prize gaming on the premises complies with the requirements of this Act and regulations under it.'.

Delegation of functions under Part 8: Scotland

Secretary Tessa Jowell

NC2

To move the following Clause:—

'(1) Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of their functions under this Part by a committee of the authority, a member or members of the authority, the clerk of the authority or any person appointed to assist the clerk.

(2) A licensing authority are not to make any arrangements under subsection (1)—

(a)	in relation to their power under section 161 or their function under section 337, or

(b)	for the discharge by the clerk of the authority or any person appointed to assist the clerk of any of the authority's functions mentioned in paragraphs (a) to (e) of section 150(4).

(3) The procedures applicable to the proceedings of licensing boards in the exercise or their functions under the Licensing (Scotland) Act 1976 apply to the proceedings of those boards in the exercise of their functions under this Part: and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies—

(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.'.

Delegation of functions under Part 9: Scotland

Secretary Tessa Jowell

NC3

To move the following Clause:—

(2) A licensing authority are not to make any arrangements under subsection (1) for the discharge by the clerk of the authority or any person appointed to assist the clerk of any of the authority's functions under section 215.

(3) The procedures applicable to the proceedings of licensing boards in the exercise of their functions under the Licensing (Scotland) Act 1976 apply to the proceedings of those boards in the exercise of their functions under this Part; and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies—

(a)	only in relation to functions under that Act,

(b)	only in relation to functions under this Part,

(c)	differently in relation to functions under that Act and functions under this Part.'.

Permits: special provision for Scotland

Secretary Tessa Jowell

NC4

To move the following Clause:—

'(1) The Scottish Ministers may, with the consent of the Secretary of State, by regulations provide that such provisions as are set out in the regulations are to apply in relation to—

(a)

a club gaming permit or club machine permit, in place of Schedule 12 if the applicant for or holder of the permit is the holder of a certificate of registration under section 105 of the Licensing (Scotland) Act 1976 (certificate of registration in respect of a club) or a relevant Scottish licence, or

(b)	a licensed premises gaming machine permit, in place of Schedule 13, if the applicant for or holder of the permit is the holder of a relevant Scottish licence,

or if the applicant for or holder of the permit falls within such other description as may be specified in the regulations.

(2) Regulations under subsection (1) may amend, revoke or otherwise modify any enactment in so far as it appears to the Scottish Ministers necessary or expedient to do so for the purposes of that subsection.

(3) In subsection (2), "enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.'.

Operating and personal licences: appeals: enforcement

Secretary Tessa Jowell

NC5

To move the following Clause:—

'(1) Where the Tribunal has ordered the payment of the costs of one party to an appeal ("the judgment creditor") by another party ("the judgment debtor"), payment of those costs may be enforced by the judgment creditor in accordance with subsection (2).

(2) The judgment creditor may, on application to the county court for the district in which the judgment debtor is resident (or, if the judgment debtor is a company, where it has its registered office), enforce payment in accordance with Part V of the County Courts Act 1984 (c.28) as if the costs were a sum payable under an order of that court.'.

Operating licences:Rules for particular kinds of licence:betting on the National Lottery

Secretary Tessa Jowell

NC6

To move the following Clause:—

'(1) This section applies to—

(a)	a general betting operating licence,

(b)	a pool betting operating licence, and

(c)	a betting intermediary operating licence.

(2) A licence to which this section applies shall, by virtue of this subsection, be subject to the condition that nothing may be done in reliance on the licence in relation to a bet on the outcome of a lottery which forms part of the National Lottery.'.

Days on which gaming and gambling shall not take place

Mr Win Griffiths
Mr Frank Field

NC8

To move the following Clause:—

'An operating licence must include a condition proscribing the carrying out of gaming or gambling on

(a)	Christmas Day and

(b)	Any other day prescribed by the Gambling Commission.'.

Meaning of ticket

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

NC9

To move the following Clause:—

'In Part 5 "ticket" means a ticket or chance'.

Gaming machine permit held by on-premises alcohol licence holders

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

NC10

To move the following Clause:—

'(1) A person does not commit an offence under section 36 or section 232 if he makes a gaming machine of Category C or D available in accordance with a gaming machine permit.

(2) A gaming machine permit is a permit issued by a licensing authority authorising a person to make gaming machines of Category C or D (or both) available for use on premises to which this section applies.

(3) In this section, "gaming machine permit" means a gaming machine permit held by on-premises alcohol licence holders.'.

Age verification for remote gambling

Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell

NC12

*To move the following Clause:—

'(1) Where a person charged with an offence under this Part of inviting or permitting a child to gamble by reason only of the child having established an account with that person by means of which remote gambling might be conducted, it is a defence for the person charged that—

(a)	no funds have been deposited into that account and:

(b)	no gambling has taken place by means of the account, nor could take place without the deposit of funds, and

(c)	procedures existed by means of which all reasonable steps to determine the individual's age would have been taken as soon as that individual attempted to deposit funds into the account; and

(d)	such procedures would have prevented the deposit of such funds unless he reasonably belived that the individual was not a child.

(2) Where a person is charged with an offence under this Part of inviting or permitting a young person to gamble by reason only of that young person having established an account with that person by means of which remote gambling might be conducted, it is a defence for the person charged that—

(a)	no funds have been deposited into that account, and

(b)	no gambling has taken place by means of that account, nor could take place without the deposit of funds; and

(c)	procedures existed by means of which all reasonable steps to determine the individual's age would have been taken as soon as that individual attempted to deposit funds into the account; and

(d)	such procedures would have prevented the deposit of such funds unless he reasonably believed that the individual was not a young person.'.

Gaming machines in established casinos

Mr John Whittingdale
Mr Malcolm Moss

NC13

*To move the following Clause:—

'(1) A casino premises licence for an established casino shall, by virtue of this section, authorise the holder to make gaming machines available for use on the premises provided that—

(a)	each gaming machine is of Category A, B, C or D; and

(b)	the number of Category A gaming machines is not more than one-fifth of the total number of gaming machines of any Category made available for use on the premises.

(2) In subsection (1) references to a casino premises licence include any licence for an established casino which, by virtue of Schedule 18 or anything done under it, is treated as if it was a casino premises licence issued under section 169.

(3) In this section "established casino" means any casino premises which are in use or could lawfully be used for the operation of a casino under section 1 of the Gaming Act 1968.'.