05111.5-8

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

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Clause 84
32
Page 37, line 32, at end insert—

“(2)
An operating licence may be subject to a condition (whether imposed by

virtue of section 73, 75 or 76) that a specified gaming machine may not be

made available for use in reliance on the licence if the Commission has

notified the licensee in writing that the manufacture, supply, installation,

adaptation, maintenance or repair of the machine—

(a)
was not carried out in reliance on a gaming machine technical

operating licence, or

(b)
did not comply with standards established under or by virtue of

section 94.”
Clause 87
33
Page 38, line 14, after “remote” insert “operating”
34
Page 38, line 16, at end insert—

“(2A)
Where the Commission issues a remote operating licence it may exclude,

generally or to a specified extent or for specified purposes, the condition

that would otherwise be attached by virtue of subsection (2), if the

Commission is satisfied that the exclusion is reasonably consistent with

pursuit of the licensing objectives.”
Clause 94
35
Page 42, line 4, at end insert “or parts of gaming machines.”
Clause 96
36
Page 44, line 7, leave out “for a county in which there are no district councils,”
Clause 99
37
Page 46, line 21, at end insert—

“(a)
the prescribed fee, and

(b)
either—

(i)
”
Clause 115
38
Page 53, line 42, at end insert—

“(ca)
make, amend or remove an exclusion under section 87(2A);”
Clause 152
39
Page 68, line 21, leave out “power under section 164 is” and insert “functions under

section 164 are”
Clause 155
40
Page 70, line 25, after “fire” insert “and rescue”

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Clause 157
41
Page 71, line 41, after “prescribed” insert “by regulations made”
42
Page 71, line 42, after “prescribed” insert “by regulations made”
Clause 162
43
Page 73, line 42, after “prescribed” insert “by regulations made”
44
Page 73, line 44, after “prescribed” insert “by regulations made”
Clause 163
45
Page 74, line 19, after “prescribed” insert “by regulations made”
46
Page 74, line 21, after “prescribed” insert “by regulations made”
Clause 164
47
Page 75, line 5, at end insert—

“(7)
The Secretary of State may by order require a licensing authority to

consider whether or not to pass a resolution under subsection (1).

(8)
An order under subsection (7) may—

(a)
be directed to a particular licensing authority or to a class or

description of licensing authority;

(b)
require the licensing authority to consult such persons or classes of

persons as they think are likely to be affected by the resolution

(having regard to any guidance given by the Secretary of State);

(c)
require the licensing authority to take other procedural steps;

(d)
specify a period within which the consideration must take place;

(e)
require consideration once or at specified intervals.”
Clause 169
48
Page 76, line 19, at end insert—

“(2)
The prohibition in subsection (1)(b) shall not prevent the imposition by

virtue of section 165 of a condition about fees for admission to a track.”
Clause 172
49
Page 78, line 30, at end insert—

“(5A)
Regulations under section 165 shall, in particular, make provision in

relation to casino premises licences imposing limits in respect of machines

of a kind that would be gaming machines but for section 229(2)(g); and the

limits may, in particular, operate by reference to—

(a)
the number of machines, or

(b)
the number of players that the machines are designed or adapted to

accommodate.”
Clause 173
50
Page 78, line 38, leave out “eight casino premises licences” and insert “one casino

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premises licence”
After Clause 173
51
Insert the following new Clause—

“Casino premises licence: access by children

(1)
The Commission shall issue one or more codes of practice under section 24

about access to casino premises for children and young persons.

(2)
The code or codes issued in accordance with subsection (1) shall, in

particular—

(a)
require the holder of a casino premises licence to take specified

steps to ensure that no child or young person enters premises or a

part of premises which it would be an offence under section 46 to

permit him to enter (“prohibited premises or areas”),

(b)
for that purpose, require the holder of a casino premises licence to

ensure—

(i)
that each entrance to prohibited premises or to a prohibited

area is supervised by one or more persons whose

responsibilities include ensuring compliance with the code

of practice (“the supervisor”), and

(ii)
that arrangements are made to require evidence of age to be

produced by any person seeking admission to prohibited

premises or to a prohibited area unless the supervisor,

reasonably, is certain that the person seeking admission is

an adult, and

(c)
make provision about the nature of evidence that may be used for

the purpose of arrangements made in accordance with paragraph

(b)(ii).

(3)
A casino premises licence shall by virtue of this section be subject to the

condition that the licensee ensures compliance with any relevant code of

practice issued in accordance with subsection (1).”
52
Insert the following new Clause—

“Credit

(1)
This section applies to—

(a)
casino premises licences, and

(b)
bingo premises licences.

(2)
A premises licence to which this section applies shall by virtue of this

section be subject to the condition that the licensee does not—

(a)
give credit in connection with gambling authorised by the licence,

or

(b)
participate in, arrange, permit or knowingly facilitate the giving of

credit in connection with gambling authorised by the licence.

(3)
But the condition in subsection (2) shall not prevent the licensee from

permitting the installation and use on the premises of a machine enabling

cash to be obtained on credit from a person (the “credit provider”)

provided that—

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(a)
the licensee has no other commercial connection with the credit

provider in relation to gambling,

(b)
the licensee neither makes nor receives any payment or reward

(whether by way of commission, rent or otherwise) in connection

with the machine, and

(c)
any conditions about the nature, location or use of the machine

attached by virtue of section 165, 166 or 167 are complied with.

(4)
In this section “credit” has the same meaning as in section 79.”
Clause 174
53
Page 79, line 28, leave out from “167)” to end of line 29 and insert “subsection (3)

shall apply in relation to the licence.”
54
Page 79, line 33, leave out from “damage” to end of line 35
55
Page 79, line 36, leave out subsection (3) and insert—

“(3)
If the person carrying out the guarding mentioned in subsection (2) is

required by the Private Security Industry Act 2001 (c. 12) to hold a licence

under that Act authorising the guarding, the requirement under that Act

shall be treated for the purposes of this Act as if it were a condition of the

premises licence attached by virtue of this section.”
After Clause 175
56
Insert the following new Clause—

“Pool betting on dog races

(1)
A betting premises licence in respect of premises other than a dog track

shall by virtue of this section be subject to the condition that pool bets may

not be accepted in reliance on the licence in respect of dog-racing other than

in accordance with arrangements made with the occupier of the dog track

on which the racing takes place.

(2)
The Secretary of State may by order repeal this section.

(3)
A repeal by order under subsection (2) shall cause the condition attached

by subsection (1) to premises licences in force on the date of the repeal to

lapse in respect of anything done on or after the date of the repeal.

(4)
This section shall cease to have effect at the end of 31st December 2012 (and

the condition attached by subsection (1) to premises licences in force on

that date shall lapse in respect of anything done after that date).”
After Clause 177
57
Insert the following new Clause—


“Christmas Day

A premises licence shall, by virtue of this section, be subject to the condition

that the premises shall not be used to provide facilities for gambling on

Christmas Day.”