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Mr. Caborn: The detail of the requirement is for the commission to settle. I have said many times during the deliberations of the Committee that we are setting up a regulator, and we are giving effective powers to that regulator. The gambling commission has powers and the clause will settle in detail how it uses them. It has clear terms of reference to follow, and will act within them.
The provision is not singling out betting exchanges; it applies to all licences held in gambling and betting. I gave betting exchanges as an example, but the provisions cover all those who are licensed.
Mr. Page: The Minister again makes a point that has been a bone of contention and a worry to me. We are giving blanket permission to the regulator inside the gambling commission, and his or her terms of reference will come in due course through secondary legislation. I wonder whether that is desirable. Should we not have on the face of the Bill the limits, controls and powers of the regulator? At the moment, we seem to be giving a carte blanche to the regulator, enabling it to do whatever it wishes subject to regulations following at a later date.
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Mr. Caborn: That is unfair. What we have done about the powers of the commission is laid out in the Bill. We have included the checks and balances and described where the commission can be challenged if it is deemed to be acting irresponsibly. As the hon. Gentleman said when questioning the new clause, we have to keep integrity in the industry; that is paramount.
Our aim is to translate the 1968 Act into the modern setting, which the Bill will do. At the heart of that process is the integrity of the industry. We are ensuring that the commission has the powers to act in a fast-moving industry in a way that was not possible under the 1968 Act. It is right that we grant those powers, but we must include in the Bill the necessary checks if it is deemed that the gambling commission is acting irresponsibly.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
New Clause 16
Gaming machines: automatic entitlement
'(1) Sections 34 and 226 shall not apply to making one or two gaming machines, each of which is of Category C or D, available for use on premises to which this section applies, provided that the conditions in subsection (2) are satisfied.
(2) The conditions are that the person who holds the on-premises alcohol licence sends the licensing authority—
(a) written notice of his intention to make gaming machines available for use in reliance on subsection (1), and
(3) In this section ''prescribed'' means prescribed by regulations made by the Secretary of State.'.—[Mr. Caborn.]
Brought up, read the First and Second time, and added to the Bill.
10.15 am
New Clause 17
Pub gaming machine permits
'(1) A person does not commit an offence under section 34 or 226 if he makes a gaming machine of Category C or D available in accordance with a pub gaming machine permit.
(2) A pub 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) Schedule [Pub gaming machine permits], which makes further provision about pub gaming machine permits, shall have effect.'.—[Mr. Caborn.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 18
Removal of exemption
'(1) A licensing authority may make an order disapplying section 264 or section [Gaming machines: automatic entitlement](1) to specified premises.
(2) Before making an order under subsection (1) a licensing authority shall—
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(a) give the holder of the on-premises alcohol licence (''the licensee'') at least 21 days' notice of the authority's intention to consider making an order,
(b) consider any representations made by the licensee,
(c) hold a hearing if the licensee requests one, and
(d) comply with any prescribed requirements for the procedure to be followed in considering whether to make an order.
(3) If a licensing authority make an order under subsection (1), they shall as soon as is reasonably practicable give the licensee—
(a) a copy of the order, and
(b) written reasons for the decision to make the order.
(4) A licensee may appeal against the making of an order under subsection (1).
(5) An appeal under subsection (4) must be instituted—
(a) in the magistrates' court for a petty sessions area in which the premises to which the appeal relates are wholly or partly situated,
(b) by notice of appeal given to the justices' chief executive, and
(c) within the period of 21 days beginning with the day on which the appellant receives a copy of the order against which the appeal is brought.
(6) On an appeal the magistrates' court may—
(b) allow the appeal and quash the order made by the licensing authority;
(c) make an order about costs.
(7) In relation to premises in Scotland—
(a) subsection (5)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,
(b) subsection (5)(b) shall not have effect,
(c) the reference in subsection (6) to the magistrates' court shall have effect as a reference to the sheriff, and
(d) the reference in subsection (6)(c) to costs shall have effect as a reference to expenses.
(8) In this section, ''prescribed'' means prescribed by regulations made by the Secretary of State.'.—[Mr. Caborn.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 19
Inspection: powers of entry: person accompanying inspector, &c.
`A constable, enforcement officer or authorised person exercising a power under or by virtue of this Part to enter premises may take one or more persons with him.'.—[Mr. Caborn.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 20
Premises licences: specific cases: casino premises licence: overall limits
'(1) No more than eight casino premises licences may have effect at any time in respect of regional casinos.
(2) No more than eight casino premises licences may have effect at any time in respect of large casinos.
(3) No more than eight casino premises licences may have effect at any time in respect of small casinos.
(4) The Secretary of State shall, having consulted the Scottish Ministers and the National Assembly for Wales, by order make provision for determining the geographical distribution of casino premises licences within the limits specified in subsections (1) to (3); for which purpose the order shall—
(a) specify which licensing authorities may issue casino premises licences of a specified kind, and
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(b) in respect of each specified authority, specify the number of casino premises licences of each kind issued by the authority that may have effect at any time.
(5) An application for a casino premises licence may not be made to a licensing authority if subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting the application.
(6) An application for a provisional statement may not be made to a licensing authority if it relates to a casino and is made at a time when subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting a casino premises licence in response to an application made in reliance on the provisional statement.
(7) Schedule [Applications for casino premises licences] (which makes provision about the treatment of applications for casino premises licences and provisional statements) shall have effect.
(8) The Secretary of State may by order—
(a) amend any of subsections (1), (2) and (3) so as to substitute a new maximum number of casino premises licences;
(b) repeal any of subsections (1), (2) and (3).'.—[Mr. Caborn.]
Brought up, and read the First time.
Mr. Caborn: I beg to move, That the clause be read a Second time.
The Chairman: With this it will be convenient to take Government new schedule 3—Applications for Casino Premises Licences.
Mr. Caborn: New clause 20—[Hon. Members: ''It is the one about 8,8,8.''] I remember and I will answer the 8,8,8 question. It is unfortunate that my hon. Friend the Member for West Ham (Mr. Banks) is not present. It does not matter about getting on quickly, because it will take him a long time to get back here from where he is. He is over the pond, as they say.
In my statement on 16 December last year, I made it clear that the Government had listened to the concerns expressed by the House about our proposals for new casinos. I acknowledged that the proposals in the Bill represented a significant change in the nature and scale of casino gambling in Britain. We have therefore decided that we need to take a more controlled and cautious approach to the introduction of the new types of casino provided for in the Bill to ensure that they can be operated without increasing the prevalence of problem gambling. In our sitting on 16 December, I said that I hoped to table new clauses and schedules on the Government's casino policy before the Christmas recess. I was glad to be able to do so on 20 December. I hope therefore that members of the Committee have had plenty of time over the Christmas break in which to study them closely. On 20 December, I also sent Members on the Committee the text of those amendments that could not be tabled because they amended clauses that the Committee had already agreed. I hope that that was also helpful. If the Committee approves the new clauses and schedules that are being debated today, we will table the further amendments on Report.
We had an interesting and wide-ranging debate during our sitting on the last day before the Christmas break. I appreciate that it was difficult for the Committee to reach a comprehensive view without sight of our amendments, so, with the Committee's
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indulgence, I shall offer a detailed explanation of what new clause 20 and new schedule 3 achieve and why I think they represent a prudent way forward for the public and the casino industry alike.
New clause 20 is the key to controlling the proliferation of casinos in the country. It prevents there from being any more than eight new casinos of each of the three types provided for in the Bill.
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