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Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 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
Agreed to 56
| Page 159, line 16, [Schedule 3], at end insert |
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, |
(c) | providing for the determination of the amount of the levy according to a specified formula, or |
(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 |
(c) | any of the licensing objectives for the purposes of the Gambling Act 2005. |
(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
Agreed to 57
| Page 168, line 22 [Schedule 8], at end insert |
'(aa) | about the time in which appeals are to be heard;'. |
Secretary Tessa Jowell
Agreed to 30
| Page 173, line 18 [Schedule 10], after 'permit' insert 'must be in the prescribed form and'. |
Secretary Tessa Jowell
Agreed to 70
| Page 173, line 24 [Schedule 10], after 'with', insert ' |
(i) | the prescribed fee, and |
Secretary Tessa Jowell
Agreed to 58
| 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, |
(c) | states the name and an address of |
(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 |
(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 |
Secretary Tessa Jowell
Agreed to 59
| Page 183, line 32 [Schedule 11], leave out paragraph (b). |
Secretary Tessa Jowell
Agreed to 31
| Page 191, line 20 [Schedule 12], leave out 'in the prescribed form'. |
Secretary Tessa Jowell
Agreed to 32
| Page 192, line 8 [Schedule 12], at end insert |
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, |
(c) | whether it is a club gaming permit or a club machine permit, |
(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
Agreed to 33
| 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 |
(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
Agreed to 71
| 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
Agreed to 72
| Page 197, line 31 [Schedule 13], after first 'authority', insert '(in that capacity)'. |
Secretary Tessa Jowell
Agreed to 73
| Page 197, line 31 [Schedule 13], after second 'authority', insert '(in its capacity as a licensing authority under this Act)'. |
Secretary Tessa Jowell
Agreed to 74
| Page 197, line 31 [Schedule 13], leave out 'pub' and insert 'licensed premises'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 111
| Page 197, line 31 [Schedule 13], leave out 'pub'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 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
Not called 136
| Page 198, line 11 [Schedule 13], after 'authority', insert ', following a hearing,'. |
Secretary Tessa Jowell
Agreed to 34
| Page 199, line 2 [Schedule 13], after 'permit', insert 'must be in the prescribed form and'. |
Secretary Tessa Jowell
Agreed to 75
| Page 199, line 10 [Schedule 13], after 'with', insert ' |
(i) | the prescribed fee, and |
Secretary Tessa Jowell
Agreed to 76
| Page 200, line 16 [Schedule 13], at end insert |
14A(1) | The holder of a permit may apply to the licensing authority to vary the number or category (or both) of gaming machines authorised by the permit. |
(2) | Paragraphs 1 to 7 shall have effect (with any necessary modifications) in relation to an application for variation under this paragraph as they have effect in relation to an application for the issue of a permit.'. |
Secretary Tessa Jowell
Agreed to 77
| Page 200, line 18 [Schedule 13], after 'it', insert ', or may vary the number or category (or both) of gaming machines authorised by it,'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 145
| Page 200, line 18 [Schedule 13], leave out from 'it' to end of line 19 and insert 'only where relevant representations relating to the licensing objectives have been received from responsible authorities under the Licensing Act 2003, and a hearing has been held and the representations upheld.'. |
Secretary Tessa Jowell
Agreed to 78
| Page 200, line 20 [Schedule 13], leave out paragraphs (a) to (c) and insert |
'(a) | it would not be reasonably consistent with pursuit of the licensing objectives for the permit to continue to have effect, |
(b) | gaming has taken place on the premises in purported reliance on the permit but otherwise than in accordance with the permit or a condition of the permit, |
(c) | the premises are mainly used or to be used for making gaming machines available, or |
(d) | an offence under this Act has been committed on the premises.'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 146
| Page 200, line 20 [Schedule 13], leave out paragraphs (a), (b) and (c). |
Secretary Tessa Jowell
Agreed to 79
| Page 200, line 25 [Schedule 13], after 'cancelling', insert 'or varying'. |
Secretary Tessa Jowell
Agreed to 80
| Page 200, line 27 [Schedule 13], after 'cancelling', insert 'or varying'. |
Mr John Whittingdale
Mr Malcolm Moss
Mr Don Foster
Bob Russell
Not called 147
| Page 200, line 29 [Schedule 13], leave out 'if the holder requests one'. |
Secretary Tessa Jowell
Agreed to 81
| Page 200, line 31 [Schedule 13], after 'cancel', insert 'or vary'. |
Secretary Tessa Jowell
Agreed to 82
| Page 200, line 32 [Schedule 13], after 'cancel', insert 'or vary'. |
Secretary Tessa Jowell
Agreed to 83
| Page 200, line 33 [Schedule 13], after 'cancellation', insert 'or variation'. |
Secretary Tessa Jowell
Agreed to 84
| Page 200, line 37 [Schedule 13], after 'cancellation', insert 'or variation'. |
Secretary Tessa Jowell
Agreed to 85
| Page 203, line 17 [Schedule 13], leave out 'pub' and insert 'licensed premises'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 114
| Page 203, line 17 [Schedule 13], leave out 'pub'. |
Mr Don Foster
Mr John Whittingdale
Bob Russell
Mr Malcolm Moss
Not called 115
| Page 203, line 17 [Schedule 13], after second 'permit', insert 'held by on-premises alcohol licence holders'. |
Secretary Tessa Jowell
Agreed to 35
| Page 205, line 15 [Schedule 14], after 'permit' insert 'must be in the prescribed form and'. |
Secretary Tessa Jowell
Agreed to 86
| Page 205, line 22 [Schedule 14], after 'with', insert ' |
(i) | the prescribed fee, and |
| Bill read the third time on division and passed. |
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