Annexe 1
MANDATORY CONDITIONS
ATTACHING TO
TRACK PREMISES
LICENCES IN
RESPECT OF
PREMISES THAT
ARE HORSE-RACECOURSES
1. (1) This paragraph shall apply to
converted track premises licences in respect of premises that
are horse-racecourses.
(2) The licence holder shall ensure that
in respect of any part of the track, which immediately before
1st September 2007 was made available for the purposes of complying
with a condition imposed under section 13(2) of the 1963 Act (which
provides for conditions to be imposed on a certificate under section
13 relating to the places which are to be provided for enabling
betting to take place on the track), that part shall continue
to be made available for the purposes of enabling betting operators
and betting operators' assistants to use it for carrying on business
in connection with providing facilities for betting.
(3) Sub-paragraph (2) is without prejudice
to any application under section 187 of the 2005 Act (application
to vary a premises licence) to change the location of the part
of the track to which that sub-paragraph applies.
(4) Where such an application is granted,
sub-paragraph (2) is to have effect as if it required the licence
holder to ensure that the part of the track identified in the
application as the new location for the area referred to in that
sub-paragraph is made available for the purposes of enabling betting
operators and betting operators' assistants to carry on business
in connection with providing facilities for betting.
(5) References in this paragraph to an "existing
betting area" are to any part of the track which is required
to be made available in accordance with the preceding provisions
of this paragraph for the purposes of enabling betting operators
and betting operators' assistants to carry on business in connection
with providing facilities for betting.
(6) The charge for admission to an existing
betting area for the purposes of carrying on business in connection
with providing facilities for betting shall not exceed:
(a) where payable by a betting operator,
five times the cost of the highest charge paid by members of the
public who are authorised to enter that part of the track; and
(b) where payable by a betting operator's
assistant, the cost of the highest charge paid by members of the
public who are authorised to enter that part of the track.
(7) A betting operator or betting operator's
assistant shall not be charged, for admission to an existing betting
area, an amount which differs from that charged to any other betting
operator or betting operator's assistant for admission to that
part of the track.
(8) No charges may be made to betting operators
and betting operators' assistants who are admitted to the existing
betting areas of the track, other than:
(a) he charge for admission in accordance
with sub-paragraphs (6) and (7), and
(b) charges levied to cover costs reasonably
incurred in connection with enabling betting operators and betting
operators' assistants to operate in the existing betting area.
(9) This paragraph shall not apply after
31August 2012.
2. (1) Subject to sub-paragraph (4),
this paragraph shall apply to all track premises licences in respect
of premises that are horseracing tracks.
(2) The licence holder shall provide a place
on the premises where betting operators and betting operators'
assistants, including small-scale operators, may carry on business
in connection with providing facilities for betting and to which
the public may resort for the purpose of betting.
(3) The reference in this paragraph to "small-scale
operators" shall have the same meaning as prescribed in The
Gambling Act 2005 (Definition of Small-scale Operator) Regulations
2006(10).
(4) This paragraph shall only apply after
31 August 2012.
October 2007
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