Vote Bundle Text (950120-06)

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

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Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher

125

*Page 149, line 3 [Clause 340], leave out 'B,'.

Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher

126

*Page 149, line 4 [Clause 340], leave out 'A /or B,' and insert 'B /or'.

Secretary Tessa Jowell

Page 153, line 27 [Clause 342], after 'subsection (4)' insert 'or under section [Permits:special provision for Scotland]'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

127

*Page 154, line 30 [Clause 345], at end insert—

'(4) The Secretary of State by order will make provision for the conversion of all entitlements to the operation and siting of gaming machines or the provision of gaming pursuant to the Gaming Act 1968 and related legislation into premises licences under this Act and such order shall provide that these pre-existing rights may not be in any way limited by any licensing authority.'.

Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell

151

*Page 159, line 8 [Schedule 2], at end insert—

'(e) the numbers of those who participate by sending a communication represent a substantial proportion of the total of those participating.'.

Secretary Tessa Jowell

Page 159, line 16, [Schedule 3], at end insert—

'Annual levy

1 After section 10B of the National Lottery etc. Act 1993 (financial penalties: appeal) insert—

"10C Annual levy

(1) The Secretary of State may make regulations requiring holders of licences under section 5 or 6 to pay an annual levy to the Gambling Commission.

(2) The regulations shall, in particular, make provision for—

(a) timing of payment of the levy, and

(b) the amount of the levy.

(3) The regulations may, in particular, make provision—

(a) determining the amount of the levy by reference to a percentage of specified receipts of the holder of a licence under section 5 or 6,

(b) determining the amount of the levy by reference to a percentage of specified profits of the holder of a licence under section 5 or 6,

(d) providing for the determination of the amount of the levy in some other way.

(4) Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if its payment were a condition of the licence under section 5 or 6.

(5) The Gambling Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to—

(a) addiction to gambling,

(b) other forms of harm or exploitation associated with gambling, or

(6) In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest).

(7) The Secretary of State may make regulations under this section only if—

(a) he has made regulations under the Gambling Act 2005 requiring holders of operating licences to pay an annual levy to the Gambling Commission, and

(b) he has consulted the National Lottery Commission.

(8) The Gambling Commission shall consult the National Lottery Commission before incurring expenditure under subsection (5)."'.

Secretary Tessa Jowell

Page 168, line 22 [Schedule 8], at end insert—

'(aa) about the time in which appeals are to be heard;'.

Secretary Tessa Jowell

Page 173, line 18 [Schedule 10], after 'permit' insert 'must be in the prescribed form and'.

Secretary Tessa Jowell

Page 173, line 24 [Schedule 10], after 'with', insert '—

(i) the prescribed fee, and

(ii) '.

Secretary Tessa Jowell

Page 183, line 20 [Schedule 11], leave out paragraph 37 and insert—

'37A (1) Where a person purchases a lottery ticket in a small society lottery he must receive a document which—

(a) identifies the promoting society,

(b) states the price of the ticket,

(i) a member of the society who is designated, by persons acting on behalf of the society, as having responsibility within the society for the promotion of the lottery, or

(ii) if there is one, the external lottery manager, and

(d) either—

(i) states the date of the draw (or each draw) in the lottery, or

(ii) enables the date of the draw (or each draw) in the lottery to be determined.

(2) For the purpose of sub-paragraph (1) a reference to a person receiving a document includes, in particular, a reference to a message being sent or displayed to him electronically in a manner which enables him to—

(a) retain the message electronically, or

(b) print it.'.

Secretary Tessa Jowell

Page 183, line 32 [Schedule 11], leave out paragraph (b).

Secretary Tessa Jowell

Page 191, line 20 [Schedule 12], leave out 'in the prescribed form'.

Secretary Tessa Jowell

Page 192, line 8 [Schedule 12], at end insert—

'Form of permit

10A (1) A permit must be in the prescribed form and must specify—

(a) the name of the club or institute in respect of which it is issued,

(b) the premises to which it relates,

(d) the date on which it takes effect, and

(e) such other information as may be prescribed.

(2) If the application for the permit was made in accordance with paragraph 10, the permit must also identify the club premises certificate under section 72 of the Licensing Act 2003 (c.17).'.

Secretary Tessa Jowell

Page 192, line 39 [Schedule 12], at end insert—

'(3A) But if the authority think that they would refuse an application for the permit were it made anew, they may—

(a) refuse the application for variation, and

(b) cancel the permit.

(3B) Paragraphs 7, 9 and 24 apply in relation to a decision under sub-paragraph (3A) as they apply in relation to a decision to refuse an application for a permit (and paragraph 20 shall not apply).'.

Secretary Tessa Jowell

Page 197, line 29 [Schedule 13], after 'authority', insert '(in its capacity as a licensing authority under the Licensing Act 2003 (c.17))'.

Secretary Tessa Jowell

Page 197, line 31 [Schedule 13], after first 'authority', insert '(in that capacity)'.

Secretary Tessa Jowell

Page 197, line 31 [Schedule 13], after second 'authority', insert '(in its capacity as a licensing authority under this Act)'.

Secretary Tessa Jowell

Page 197, line 31 [Schedule 13], leave out 'pub' and insert 'licensed premises'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

111

Page 197, line 31 [Schedule 13], leave out 'pub'.

Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell

135

*Page 198, line 9 [Schedule 13], leave out from 'and' to end of line 10, and insert 'Where relevant representations relating to the licensing objectives have been received from responsible authorities under the Licensing Act 2003, in the absence of any such representations the application shall be granted and where representations are received the licensing authority shall convene a hearing.'.

Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell

136

*Page 198, line 11 [Schedule 13], after 'authority', insert ', following a hearing,'.

Secretary Tessa Jowell

Page 199, line 2 [Schedule 13], after 'permit', insert 'must be in the prescribed form and'.

Secretary Tessa Jowell

Page 199, line 10 [Schedule 13], after 'with', insert '—

(i) the prescribed fee, and

(ii) '.