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Report Stage Proceedings


            27

Monday 24th January 2005

REPORT STAGE PROCEEDINGS

GAMBLING BILL, AS AMENDED


Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Negatived      102

 Page  4,  line  2  [Clause  7],  at end insert—
'(2A) In this Act "casino premises" means premises in respect of which a casino premises licence has been granted under section 146(1)(a).'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Not called      101

 Page  4,  line  8  [Clause  7],  after 'of', insert 'casino'.

Mr Win Griffiths
Mr Frank Field

Not called      96

 Page  4,  line  14  [Clause  7],  leave out paragraph (a).

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Not called      100

 Page  4,  line  17  [Clause  7],  leave out paragraph (d) and insert—
'(d)  sub-small casinos previously licensed under the Gaming Act 1968.'.

Secretary Tessa Jowell

Agreed to      2

 Page  4,  line  25  [Clause  7],  leave out paragraphs (d) to (f) and insert—
'(d)  the floor area used or designated for a specified purpose,'.

Secretary Tessa Jowell

Agreed to      8

 Page  29,  line  6  [Clause  68],  at end insert—
'(2A) In considering an application for a non-remote casino operating licence the Commission shall have regard, in addition to the matters specified in subsection (1), to the applicant's commitment to—
(a)  protecting vulnerable persons from being harmed or exploited by gambling, and
(b)  making assistance available to persons who are or may be affected by problems related to gambling.'.

Joyce Quin
Mr Win Griffiths
Mr Frank Field

Not called      93

 Page  37,  line  23,  leave out Clause 85.

Mr Win Griffiths
Mr Frank Field

Not called      97

 Page  38,  line  43  [Clause  88],  at end add—
'(3) A casino operating licence may be subject to a condition imposed by virtue of section 73 or 75 specifying rules relating to—
(a)  opening hours,
(b)  smoke-free areas, and
(c)  alcohol-free areas.'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Not called      103

 Page  72,  line  35  [Clause  161],  at end insert 'or not to issue more than a specified number of such licences.'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Not called      104

 Page  72,  line  37  [Clause  161],  at end insert 'and in particular may take account of the likely social impact of permitting casinos or more than a specified number of casinos to operate in its area.'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Not called      105

 Page  72,  line  38  [Clause  161],  at end insert—
'(za)  must specify the maximum number (if any) of casino premises licences that the authority is willing to issue.'.

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Negatived on division      116

 Page  73,  line  29  [Clause  162],  at end insert—
'(4) Each casino premises licence shall by virtue of this subsection be subject to the mandatory conditions that the licensee—
(a)  shall not operate gaming tables or gaming machines of Categories A or B outside a designated gaming area prescribed in relation to the relevant casino premises under section 147.
(b)  shall not permit any person other than the licensee or a person employed by the licensee to perform any function within the casino to enter a designated gaming area whilst the same is being used in reliance of the casino premises licence without the production at the entrance thereto of satisfactory evidence of identity; and
(c)  shall maintain a condition of door supervision in respect of the designated gaming area at all times whilst the same is being used in reliance of the casino premises licence; and
(5) Regulations under this section may, in particular, add or exclude gaming machines of a particular category or categories from gaming machines which are the subject of subsection (4) of this section provided that such regulations shall not permit gaming machines of Category A to be so excluded.
(6) In subsection (4) "satisfactory evidence of identity" means evidence which is reasonably capable of establishing (and does in fact establish to the satisfaction of the person who obtains it) (a) the name, address and a photographic likeness of the person producing the evidence, (b) establishing that such person is over the age of 18 years on each occasion that satisfactory evidence of identity is required to be produced under this Act (including the proffering on a second or subsequent occasion of entry of a card or token issued to them by the licensee of the casino premises) for the purpose of verifying the identity of such person by reference to a photographic image.
(7) For the purposes of subsection (6) a photographic image may be an image stored (a) visually or electronically upon the card or (b) upon a system maintained by the licensee of the premises for such a purpose.'.

Secretary Tessa Jowell

Agreed to      13

 Page  82,  line  17  [Clause  179],  at end insert—
'(6) A licence to which a condition is attached under section 164 for the purpose of giving effect to an agreement entered into under paragraph 5(3)(b) of Schedule 9 ("the original agreement") shall not be transferred unless—
(a)  the transferee enters into an agreement ("the new agreement") which appears to the licensing authority to have substantially the same effect as the original agreement, and
(b)  the condition is altered so as to give effect to the new agreement.'.

NEW CLAUSES 7 AND 11

    Membership role

Joyce Quin
Mr Win Griffiths
Mr Frank Field
Alan Howarth

Not called      NC7

 To move the following Clause:—
'(1) No premises licence shall be granted if conditions are not in place for the effect that no person shall participate in gaming or gambling in casinos unless either—
(a)  he is a member of the casino specified in the licence who, at the time when he begins to take part in the gaming, or gambling, is eligible to take part in it, or
(b)  he is a bona fide guest of a person who is a member of that casino and who, at the time when the guest begins to take part in the gaming, or gambling, is eligible to take part in it.
(2) For the purposes of subsection (1) a member of the casino specified in the licence is eligible to take part in gaming or gambling at any particular time if he was admitted to membership of the casino in pursuance of an application in writing—
(a)  made by him in person or on the premises, or
(b)  sent by him to those premises and at that time at least 24 hours have elapsed since his application was made or received there.'.

    Going equipped to cheat

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Not called      NC11

 To move the following Clause:—
'(1) A person commits an offence if, without reasonable excuse (the burden of proof of which shall lie upon him), he has with him in a casino any article that is capable of or is intended for recording, analysing or predicting—
(a)  the outcome of a game;
(b)  any cards played or to be played in a game;
(c)  the probability of the occurrence of an event relating to a game; or
(d)  the strategy for playing a game.
(2) The provisions of subsection (1) shall not apply to any article which is used for making a handwritten record in respect of a game.'.

Secretary Tessa Jowell

Agreed to      9

 Page  37,  line  6  [Clause  83],  after 'equipment' insert ', other than equipment for playing bingo,'.

Secretary Tessa Jowell

Agreed to      10

 Page  39,  line  17  [Clause  89],  after 'nature' insert ', amount or value'.

Secretary Tessa Jowell
Mr Don Foster

Agreed to      11

 Page  39,  line  19  [Clause  89],  at end insert—
'(ea)  preventing or limiting an arrangement whereby the fact that a prize is not won or claimed in one game of bingo increases the value of the prizes available in another game of bingo,'.

Secretary Tessa Jowell

Agreed to      21

 Page  119,  line  23  [Clause  266],  leave out '£1,000' and insert '£2,000'.

Secretary Tessa Jowell

Agreed to      22

 Page  119,  line  27  [Clause  266],  leave out '£1,000' and insert '£2,000'.

Secretary Tessa Jowell

Agreed to      23

 Page  119,  line  29  [Clause  266],  leave out '£1,000' and insert '£2,000'.

Secretary Tessa Jowell

Agreed to      24

 Page  121,  line  19  [Clause  272],  leave out '£1,000' and insert '£2,000'.

Secretary Tessa Jowell

Agreed to      25

 Page  121,  line  21  [Clause  272],  leave out '£1,000' and insert '£2,000'.

Secretary Tessa Jowell

Agreed to      26

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

Secretary Tessa Jowell

Agreed to      27

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

Secretary Tessa Jowell

Agreed to      40

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

Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss

Negatived on division      110

 Page  24,  line  34,  leave out Clause 58.

REMAINING NEW CLAUSES

    Prize gaming permit

Secretary Tessa Jowell

Added      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

Added      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

Added      NC3

 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) 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

Added      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

Added      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

Added      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

Withdrawn      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

Not called      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

Withdrawn      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

Not called      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

Not called      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.'.

 
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25 January 2005