back to previous section
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 107
| Page 1, line 11 [Clause 1], at end insert 'and |
(d) | ensuring the prevention of public nuisance in or around licensed premises.'. |
Secretary Tessa Jowell
Agreed to 60
| Page 2, line 6 [Clause 2], at end insert |
'(2) | For the purposes of Schedule 13, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple are licensing authorities.'. |
Mr Richard Page
Not called 48
| Page 3, line 33 [Clause 6], after 'regulation', insert 'after consultation with the Gambling Commission'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 148
| Page 6, line 38 [Clause 14], leave out paragraph (d) and insert |
'(d) | of the processes referred to in paragraph (c) the process involving the majority of persons participating in the arrangement relies wholly on chance.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 149
| Page 7, line 7 [Clause 14], leave out 'significant', and insert 'substantial'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 150
| Page 7, line 10 [Clause 14], leave out 'significant' and insert 'substantial'. |
Secretary Tessa Jowell
Agreed to 3
| Page 7, line 22 [Clause 15], leave out 'Entering' and insert 'Participating in a lottery which forms part of'. |
Secretary Tessa Jowell
Agreed to 4
| Page 7, line 24 [Clause 15], leave out 'Entering' and insert 'Participating in a lottery which forms part of'. |
Secretary Tessa Jowell
Agreed to 5
| Page 7, line 27 [Clause 15], leave out 'entering' and insert 'participating in a lottery which forms part of'. |
Secretary Tessa Jowell
Agreed to 6
| Page 7, line 29 [Clause 15], leave out 'entering' and insert 'participating in'. |
Secretary Tessa Jowell
Agreed to 7
| Page 7, line 31 [Clause 15], leave out 'Entering' and insert 'Participating in a lottery which forms part of'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 128
| Page 10, line 39 [Clause 24], leave out 'whether'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 129
| Page 10, line 40 [Clause 24], leave out 'or by another person'. |
Secretary Tessa Jowell
Agreed to 49
| Page 11, line 6 [Clause 24], leave out 'the advertising of facilities for gambling.' and insert 'how facilities for gambling are advertised or described.'. |
Mr Win Griffiths
Mr Frank Field
Not called 95
| Page 13, line 1 [Clause 26], leave out 'and'. |
Mr Win Griffiths
Mr Frank Field
Not called 94
| Page 13, line 2 [Clause 26], at end insert |
'(e) | the appropriate funding and personnel required to control problem gambling, and |
(f) | the appropriate funding and expertise required to treat those seeking help for problem gambling.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 137
| Page 15, line 24 [Clause 35], leave out paragraph (a) and insert |
'(
) | to verify the identity of a person who wishes to participate in the gambling.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 138
| Page 15, line 28 [Clause 35], leave out paragraph (c) and insert |
'(
) | to adjudicate, select and settle all or part of a result or the effect of a result excluding facilities whereby participants in equal chance gaming may settle all or part of a result or the effect of a result.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 139
| Page 15, line 29 [Clause 35], leave out paragraph (d) and insert |
'(
) | to accept payment in respect of any gambling transaction, excluding the provision of such facilities in Great Britain by any entity or person authorised to do so under the Financial Services and Markets Act 2000 and payment of profits or dividends to any entity or person in Great Britain that relate to a remote gambling business.'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 120
| Page 23, line 21 [Clause 53], leave out 'A,'. |
Secretary Tessa Jowell
Agreed to 87
| Page 26, line 21 [Clause 63], leave out ', within one of Categories A to D'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 121
| Page 26, line 21 [Clause 63], leave out 'A' and insert 'B'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 122
| Page 27, line 32 [Clause 66], leave out 'A' and insert 'B'. |
Secretary Tessa Jowell
Agreed to 50
| Page 33, line 19 [Clause 77], leave out 'the advertising of facilities for gambling.' and insert 'how facilities for gambling are advertised or described.'. |
Mr Win Griffiths
Mr Frank Field
Not called 99
| Page 34 [Clause 79], leave out line 41 and insert 'shall prevent'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 108
| Page 36, line 16 [Clause 81], leave out first 'not'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 108A
| Page 36, line 16 [Clause 81], leave out second 'not'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 140
| Page 38, line 4 [Clause 81], leave out subsection (2) and insert |
'(
) | A remote licence shall, by virtue of this subsection, be subject to the conditions that remote gambling equipment as defined in subsection 35(4)(c) used by the licensee in connection with the licensed activities must be situated in Great Britain, provided that if the licensee elects to locate all or some remote gambling equipment as defined in subsection 35(4)(a), (b) and (d) used in connection with licensed activities outside Great Britain, its licence will be subject to such additional rights to audit access and inspect the remote gambling equipment located outside Great Britain as the Commission deems appropriate.'. |
Secretary Tessa Jowell
Agreed to 88
| Page 41, line 30 [Clause 93], at end insert |
'(2A) | Standards under subsection (1) may, in particular, make provision (which may include provision designed to discourage repetitive play or to protect children or other vulnerable persons from harm) about |
(a) | the nature of a game that a machine is designed to be used to play; |
(b) | the way in which the results of a game are to be determined or presented; |
(c) | the nature of images or information displayed by or on a machine.'. |
Secretary Tessa Jowell
Agreed to 51
| Page 44, line 13 [Clause 96], leave out subsections (5) and (6) and insert |
'(5) | The fourth requirement is that where a person purchases a lottery ticket in a lottery promoted by a non-commercial society in reliance on the licence he receives a document which |
(a) | identifies the promoting society, |
(b) | states the name and address of 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, and |
(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. |
(6) | The fifth requirement is that the price payable for purchasing each ticket in a lottery promoted in reliance on the licence |
(b) | must be shown on the ticket or in a document received by the purchaser, and |
(c) | must be paid to the promoter of the lottery before any person is given a ticket or any right in respect of membership of the class among whom prizes are to be allocated. |
(6A) | For the purpose of subsections (5) and (6) 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, without incurring significant expense or delay, to |
(a) | retain the message electronically, or |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 152
| Page 44, line 45 [Clause 96] at end insert |
'(11) | The Commission shall review the monetary limits laid out in subsection (3) on a triennial basis.'. |
Secretary Tessa Jowell
Agreed to 52
| Page 62, line 16 [Clause 138], at end insert |
'(4A) | Where the Commission gives a notice under section 111(1)(b) (including that section as applied by section 125) the licensee may appeal to the Tribunal.'. |
Secretary Tessa Jowell
Agreed to 53
| Page 63, line 3 [Clause 140], at end insert |
'(3) | A court to which an appeal is brought under this section may |
(a) | affirm the Tribunal's decision; |
(b) | quash the Tribunal's decision; |
(c) | remit the matter to the Tribunal (generally, or for determination in accordance with a finding made or direction given by the court).'. |
Secretary Tessa Jowell
Agreed to 54
| Page 63, line 14 [Clause 141], at end insert |
'(f) | reinstate a lapsed or revoked licence.'. |
Secretary Tessa Jowell
Agreed to 55
| Page 64, line 8 [Clause 144], after 'may', insert ', having consulted the Secretary of State,'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 117
| Page 65, line 36 [Clause 147], at end insert 'and |
(i) | specify an area (being all or part of the casino premises) for the purposes of section 162(4) in relation to those casino premises ("a designated gaming area") and identify the same upon or by reference to the plan to be included under paragraph (g) above.'. |
Secretary Tessa Jowell
Agreed to 12
| Page 74, line 10 [Clause 164], at end insert |
'(4) | A licensing authority may not attach a condition to a premises licence which prevents compliance with a condition of the operating licence which authorises the holder to carry out the activity in respect of which the premises licence is granted.'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 123
| Page 75, line 4 [Clause 167], leave out 'A,'. |
Mr Win Griffiths
Mr Frank Field
Not called 98
| Page 75, line 43 [Clause 167], leave out 'B,'. |
Mr Malcolm Moss
Mr John Whittingdale
Negatived on division 143
| Page 77, line 2 [Clause 170], leave out 'eight' and insert 'four'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 141
| Page 77, line 3 [Clause 170], after 'casinos', insert 'subject to subsection (3A)'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Negatived on division 142
| Page 77, line 7 [Clause 170], at end insert |
'"(3A) | In calculating for the purpose of subsection (1) the number of casino premises licences which have effect at any time, no account shall be taken of any established casino but |
(a) | an established casino which meets the requirements of regulations made under section 7(5) as to the classification of large casinos shall for the purposes of section 167 be treated as if it is a large casino; |
(b) | an established casino which meets the requirements of regulations made under section 7(5) as to the classification of small casinos shall for the purposes of section 167 be treated as if it is a small casino; and |
(c) | an established casino which is below the minimum size for a licensed casino shall for the purposes of section 167 be treated as if it is a small casino. |
(3B) | In this section 'established casino' means any casino premises which are in use for the operation of a casino under the Gaming Act 1968 when this part of this Act comes into force.".'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 119
| Page 77, line 30 [Clause 170], at end insert 'provided that no order under this section shall be made until the expiration of a period of five years after the granting of the eighth casino premises licence under subsection (1).'. |
Secretary Tessa Jowell
Agreed to 47
| Page 78, line 1 [Clause 171], leave out subsection (4). |
Mr John Whittingdale
Mr Malcolm Moss
Not called 154
| Page 78, line 2 [Clause 171], at end add |
'(5) | This section shall not apply in relation to a bingo club premises licence.'. |
Secretary Tessa Jowell
Agreed to 14
| Page 85, line 13 [Clause 186], leave out 'seven days' and insert 'six months'. |
Secretary Tessa Jowell
Agreed to 15
| Page 90, line 29 [Clause 196], after 'in' insert 'the applicant's'. |
Secretary Tessa Jowell
Agreed to 16
| Page 90, line 34 [Clause 196], after second 'in' insert 'the applicant's'. |
Secretary Tessa Jowell
Agreed to 17
| Page 101, line 28 [Clause 220], at end insert |
'(ii) | an officer of customs and excise,'. |
Secretary Tessa Jowell
Agreed to 18
| Page 104, line 14 [Clause 225], after first 'section' insert '73 or'. |
Secretary Tessa Jowell
Agreed to 89
| Page 105, line 2 [Clause 225], at end insert |
'(6) | The Secretary of State may make regulations providing for circumstances in which a single piece of apparatus is to be treated as more than one gaming machine for the purpose of provision made by or by virtue of this Act; and the regulations may, in particular, make provision by reference to the number of persons able to operate the apparatus at the same time.'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 118
| Page 105, line 4 [Clause 226], leave out from 'defining' to 'B' in line 5 and insert 'three classes of gaming machine, all of which shall be subject to a maximum stake and prize level, for the purposes of this Act (to be known as Categories'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 106
| Page 105, line 11 [Clause 226], at end insert |
'(c) | provide that the practice of allowing prizes to be exchanged known as "trading up" shall continue to be permitted without restriction.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 144
| Page 105, line 11 [Clause 226], at end insert |
'(c) | not unfairly discriminate between equivalent adult only gaming environments, and |
(d) | provide that adult gaming centres and betting premises shall be entitled to the same categories of machine.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 130
| Page 105, line 19 [Clause 226], at end insert |
'(e) | the price level for a category C machine which shall be not less than £35.'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Negatived on division 109
| Page 105, line 19 [Clause 226], at end insert 'provided that regulations shall not reduce the level of stakes and prizes from those already in existence at the date of Royal Assent to this Act.'. |
Alan Simpson
Mr Kelvin Hopkins
Mr Robert Marshall-Andrews
Not called 1
| Page 105, line 19 [Clause 226], at end insert |
'(4A) | Subject to subsection (4B) |
(a) | the maximum amount paid in respect of the use of a machine shall be £1; and |
(b) | the maximum value of a prize for any machine shall be £2,000. |
(4B) | The amounts specified in subsection (4A) shall be varied by the same percentage increase between the retail prices index for January 2005 and the retail prices index for the base month in relation to the revision date in question.'. |
Secretary Tessa Jowell
Agreed to 90
| Page 106, line 39 [Clause 233], leave out 'the exception in section' and insert 'an exception in or under section 238 or'. |
Secretary Tessa Jowell
Agreed to 91
| Page 108, line 15 [Clause 238], at end insert |
'(2) | The Secretary of State may make regulations creating exceptions from the offence under section 233 in connection with machines which, by virtue of their nature or any other specified matter, are not designed or expected to be used to provide an opportunity to win a prize.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 153
| Page 113, line 28, leave out Clause 254. |
Secretary Tessa Jowell
Agreed to 19
| Page 116, line 29 [Clause 261], at end insert |
'(1A) | Regulations prescribing requirements in relation to stakes or prizes for the purposes of section 260(2) may, in particular |
(a) | make different provision for different classes of club or institute; |
(b) | make different provision for different classes or descriptions of game.'. |
Secretary Tessa Jowell
Agreed to 20
| Page 117, line 39 [Clause 262], at end insert |
'(4A) | Regulations under subsection (4)(a) or (b) may |
(a) | make different provision for different classes of club or institute; |
(b) | make different provision for different classes or descriptions of game; |
(c) | make different provision for different classes or descriptions of fee, deduction or levy.'. |
Secretary Tessa Jowell
Agreed to 46
| Page 119, line 14 [Clause 265], at end insert-- |
'(2) | Subsection (1) does not apply in relation to Scotland if the applicant for or holder of the permit in question 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 if he falls within such other description as may be specified in regulations under section [Permits: special provision for Scotland](1).'. |
Secretary Tessa Jowell
Agreed to 36
| Page 120, line 9 [Clause 268], leave out 'and'. |
Secretary Tessa Jowell
Agreed to 37
| Page 120, line 12 [Clause 268], at end insert 'and |
'(c) | "relevant Scottish licence" means any licence granted under section 9(1) of the Licensing (Scotland) Act 1976 (licence for sale by retail or supply of alcoholic liquor) provided it is not an off-sale licence.'. |
Secretary Tessa Jowell
Agreed to 38
| Page 120, line 15 [Clause 269], after 'licence' insert 'or relevant Scottish licence'. |
Secretary Tessa Jowell
Agreed to 61
| Page 120, line 16 [Clause 269], leave out paragraph (b) and insert |
'(b) | which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 131
| Page 120, line 16 [Clause 269], leave out paragraph (b) and insert |
Secretary Tessa Jowell
Agreed to 39
| Page 120, line 19 [Clause 269], at end insert 'or sold for consumption on the premises in reliance on the relevant Scottish licence'. |
Secretary Tessa Jowell
Agreed to 62
| Page 122, line 4 [Clause 273], leave out 'subsection (2)' and insert 'subsections (2) and (2A).'. |
Secretary Tessa Jowell
Agreed to 63
| Page 122, line 5 [Clause 273], leave out 'conditions are' and insert ' first condition is'. |
Secretary Tessa Jowell
Agreed to 41
| Page 122, line 5 [Clause 273], after 'licence' insert 'or the relevant Scottish licence' |
Secretary Tessa Jowell
Agreed to 64
| Page 122, line 9 [Clause 273], at end insert |
'(2A) | The second condition is that any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine is complied with. |
(2B) | Subsection (1) does not disapply section 36 or 232 in respect of premises at a time when gaming machines are made available for use on those premises in reliance on a club gaming permit or a club machine permit.'. |
Secretary Tessa Jowell
Agreed to 42
| Page 122, line 10 [Clause 273], leave out from 'means' to end of line 11 and insert |
'(a) | in the case of premises in respect of which an on-premises alcohol licence has effect, prescribed by regulations made by the Secretary of State, and |
(b) | in the case of premises in respect of which a relevant Scottish licence has effect, prescribed by regulations made by the Scottish Ministers.'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 113
| Page 122, line 12, leave out Clause 274. |
Secretary Tessa Jowell
Agreed to 65
| Page 122, line 14 [Clause 274], leave out 'pub' and insert 'licensed premises'. |
Secretary Tessa Jowell
Agreed to 66
| Page 122, line 16 [Clause 274], leave out 'pub' and insert 'licensed premises'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 132
| Page 122, line 17 [Clause 274], leave out 'a person', and insert 'the holder of a premises licence held under the Licensing Act 2003'. |
Secretary Tessa Jowell
Agreed to 67
| Page 122, line 18 [Clause 274], at end insert |
'(2A) | A licensed premises gaming machine permit shall, by virtue of this subsection, be subject to the condition that the holder comply with any relevant provision of a code of practice under section 24 about the location and operation of a gaming machine. |
(2B) | Subsection (1) does not disapply section 36 or 232 in respect of premises at a time when gaming machines are made available for use on those premises in reliance on a club gaming permit or a club machine permit.'. |
Secretary Tessa Jowell
Agreed to 68
| Page 122, line 19 [Clause 274], leave out 'pub' and insert 'licensed premises'. |
Secretary Tessa Jowell
Agreed to 43
| Page 122, line 20 [Clause 274], at end insert 'except in relation to Scotland'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 133
| Page 122, line 22 [Clause 275], at beginning insert 'Where relevant representations relating to the licensing objectives have been received from responsible authorities under the Licensing Act 2003, and such representations have been upheld after a hearing.'. |
Secretary Tessa Jowell
Agreed to 69
| Page 122, line 23 [Clause 275], at end insert |
'(1A) | A licensing authority may make an order disapplying a section under subsection (1) only if they think that |
(a) | the application of the section is not reasonably consistent with pursuit of the licensing objectives, |
(b) | gaming has taken place on the premises in purported reliance on the section but in breach of a condition of that section, |
(c) | the premises are mainly used or to be used for gaming, or |
(d) | an offence under this Act has been committed on the premises.'. |
Secretary Tessa Jowell
Agreed to 44
| Page 122, line 25 [Clause 275], after 'licence' insert 'or of the relevant Scottish licence'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 134
| Page 122, line 29 [Clause 275], leave out 'if the licensee requests one.'. |
Secretary Tessa Jowell
Agreed to 28
| Page 132, line 32 [Clause 303], at beginning insert |
'(1) | A constable, enforcement officer or authorised person may enter premises in respect of which a temporary use notice has been given to assess, having regard to the licensing objectives, the likely effects of activity carried on in reliance on the temporary use notice.'. |
Secretary Tessa Jowell
Agreed to 92
| Page 145, line 17 [Clause 331], at end insert |
'(3) | The imposition by or by virtue of this Act of a maximum on the value of a prize does not prevent an arrangement between a person who has won one or more prizes and a person who provides facilities for gambling whereby the prize or prizes are exchanged (whether for money or for one or more articles); provided that |
(a) | the amount of money or the value of the articles for which the prize or prizes are exchanged does not exceed the maximum amount or value of the prize, or the aggregate maximum amount or value of the prizes, that the person could lawfully have won, and |
(b) | the nature of the substituted prize or prizes complies with any requirements of or by virtue of this Act as to the nature of the prize or prizes that the person could lawfully have won.'. |
Mr John Whittingdale
Mr Malcolm Moss
Not called 155
| Page 145, line 26 [Clause 332], after 'place', insert '(except premises in respect of which a bingo premises licence is in force)'. |
Secretary Tessa Jowell
Agreed to 29
| Page 148, line 10 [Clause 337], at end add |
'(7) | Where a licensing authority is specified in an order under section 170 they shall ensure that their statement under this section includes the principles that they propose to apply in making determinations under paragraph 5 of Schedule 9.'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 124
| Page 149, line 3 [Clause 340], leave out 'A' and insert 'B'. |
Mr John Grogan
Mr Frank Field
Mr Win Griffiths
Mr Kelvin Hopkins
Mr Mark Fisher
Not called 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
Not called 126
| Page 149, line 4 [Clause 340], leave out 'A (or B,' and insert 'B (or'. |
Secretary Tessa Jowell
Agreed to 45
| 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
Not selected 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.'. |
|