Gambling Act 2005 (c. 19)

(The document as of February, 2008)

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(a) notify the licensing authority, and

(b) inform the licensing authority of a home or business address at which he resides or attends.

(2) The Secretary of State may make regulations requiring the holder of a premises licence--

(a) to notify the licensing authority of any change of circumstance of a prescribed kind in relation to him or to an authorised activity, and

(b) to give the licensing authority prescribed details of the change.

(3) If a change of circumstance notified under or by virtue of this section falsifies information contained in the premises licence in accordance with section 151, the notification must be accompanied by--

(a) the prescribed fee, and

(b) either--

(i) the licence, or

(ii) an application under section 190 for a copy of the licence.

(4) Where notification is accompanied by the licence, the licensing authority shall--

(a) make such alteration to the information contained in the licence as appears to them to be required by the change in circumstance, and

(b) return the licence to the licensee.

(5) Where the notification is accompanied by an application for a copy of the licence, the licensing authority shall, if they grant the application, issue the copy in a form which appears to them to reflect the change in circumstance.

(6) The holder of a premises licence commits an offence if he fails without reasonable excuse to comply with a provision of this section or of regulations made under this section.

(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(8) This section does not prevent the imposition of a requirement to notify the licensing authority of a specified change of circumstance by way of the attachment of a condition to a premises licence.

(9) In subsection (3)(a) "prescribed" means--

(a) in relation to notification given to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and

(b) in relation to notifications given to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

187 Application to vary licence

(1) The holder of a premises licence may apply to the licensing authority to vary the licence by--

(a) adding, amending or removing an authorised activity,

(b) amending another detail of the licence,

(d) adding, amending or removing a condition attached to the licence under section 169.

(2) A licence may not be varied under this section so as to relate to premises to which it did not previously relate.

(3) The provisions of this Part shall apply in relation to an application for variation as they apply in relation to an application for a premises licence--

(a) subject to the provisions of this section, and

(b) with any other necessary modifications.

(4) Regulations under this Part which relate to an application for a premises licence may make--

(a) provision which applies only in the case of an application for variation;

(b) provision which does not apply in the case of an application for variation;

(c) different provision in relation to an application for variation from that made in relation to an application for a premises licence;

(d) different provision in relation to applications for variations of different kinds.

(5) An application for variation must (in addition to anything required by section 159) be accompanied by a statement of the variation sought.

(6) An application for variation must (in addition to anything required by section 159) also be accompanied by --

(a) the licence to be varied, or

(b) both--

(i) a statement explaining why it is not reasonably practicable to produce the licence, and

(ii) an application under section 190 for the issue of a copy of the licence.

(7) In granting an application for variation a licensing authority--

(a) shall specify a time when the variation shall begin to have effect, and

(b) may make transitional provision.

188 Transfer

(1) A person may apply to a licensing authority for a premises licence to be transferred to him.

(2) The provisions of this Part shall apply in relation to an application for transfer as they apply in relation to an application for a premises licence--

(a) subject to the provisions of this section and section 189, and

(b) with any other necessary modifications.

(3) An application for transfer must (in addition to anything required by section 159)--

(a) specify the time when the transfer is to take effect, and

(b) be accompanied by a written statement by the licensee consenting to the transfer.

(4) A licensing authority shall grant an application for transfer unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (2) above).

(5) On the grant of an application for the transfer of a premises licence the licensing authority--

(a) shall alter the licence so that the applicant for the transfer becomes the licensee,

(b) shall specify in the licence the time when the transfer takes effect (being either the time specified in the application under subsection (3) above or, if later, the time when the application is granted), and

(c) shall make such other alteration of the licence as appears to them to be required (which may, in particular, include an alteration to reflect a decision of the authority under section 169 as applied by subsection (2) above to make new or varied provision for the attachment or exclusion of conditions).

(6) A licence to which a condition is attached under section 169 for the purpose of giving effect to an agreement entered into under paragraph 5(3)(b) of Schedule 9 ("the original agreement") shall not be transferred unless--

(a) the transferee enters into an agreement ("the new agreement") which appears to the licensing authority to have substantially the same effect as the original agreement, and

(b) the condition is altered so as to give effect to the new agreement.

189 Transfer: supplemental

(1) If an application for transfer under section 188 states that the applicant has failed to contact the licensee having taken all reasonable steps to do so, the licensing authority shall--

(a) disapply section 188(3)(b) and take all reasonable steps to notify the licensee, or

(b) determine not to disapply section 188(3)(b) and notify the applicant of their determination and the reasons for it.

(2) An application for transfer must (in addition to anything required by section 159) be accompanied by--

(a) the licence, or

(b) both--

(i) a statement explaining why it is not reasonably practicable to produce the licence, and

(ii) an application by the licensee under section 190 for the issue of a copy of the licence.

(3) In relation to an application for transfer to which subsection (1) applies, for the purposes of any application under section 190 required in accordance with subsection (2)(b)(ii) above--

(a) the application under that section shall be made by the applicant for transfer, and

(b) a reference to the licence being lost, stolen or damaged shall be treated as a reference to the licence being unavailable to the applicant for transfer.

(4) Regulations under section 160, as they have effect in relation to applications for transfer by virtue of section 188(2), may require notice to be given to specified responsible authorities (and not to all responsible authorities).

(5) Section 161 shall have effect in relation to an application for transfer with the omission of the reference to interested parties.

(6) If an application for the transfer of a premises licence includes a request that this subsection apply, the licence shall have effect as if the applicant for transfer were the licensee during the period--

(a) beginning with the receipt of the application for transfer by the licensing authority, and

(b) ending with the determination of the application by the licensing authority.

190 Copy of licence

(1) Where a premises licence issued, or a summary given, under section 164 is lost, stolen or damaged, the licensee may apply to the licensing authority for a copy.

(2) An application under subsection (1) must be accompanied by the prescribed fee.

(3) A licensing authority shall consider an application under this section as soon as is reasonably practicable and shall grant it if satisfied--

(a) that the licence or summary to which the application relates has been lost, stolen or damaged, and

(b) where the licence or summary has been lost or stolen, that the loss or theft has been reported to the police.

(4) As soon as is reasonably practicable after granting an application under this section a licensing authority shall issue a copy of the licence or summary to the applicant--

(a) certified by the authority as a true copy, and

(b) in, or in relation to, the form in which the licence had effect before the loss, theft or damage.

(5) A copy of a licence or summary issued under this section shall be treated as if it were the licence or summary.

(6) In subsection (2) "prescribed" means--

(a) in relation to applications to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and

(b) in relation to applications to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

Duration

191 Initial duration

(1) The Secretary of State may by regulations prescribe a period at the end of which premises licences expire (unless they cease to have effect earlier in accordance with a provision of this Part).

(2) Regulations under this section may make provision about renewal (and may, in particular, apply or make provision similar to any provision of this Part about an application for a premises licence).

(3) Regulations under this section may make provision which applies to licences issued before the regulations are made.

(4) If the Secretary of State does not prescribe a period under this section in respect of a premises licence, it shall continue to have effect unless and until it ceases to have effect in accordance with a provision of this Part.

192 Surrender

(1) A premises licence shall cease to have effect if the licensee--

(a) notifies the licensing authority of his intention to surrender the licence, and

(b) gives the licensing authority either--

(i) the licence, or

(ii) a written statement explaining why it is not reasonably practicable to produce the licence.

(2) As soon as is reasonably practicable after receipt of notification under subsection (1)(a) the licensing authority shall notify--

(a) the Commission,

(b) either--

(i) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or

(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

193 Revocation for failure to pay fee

(1) Where the holder of a premises licence fails to pay the annual fee in accordance with regulations under section 184 the licensing authority shall revoke the licence.

(2) But the licensing authority may disapply subsection (1) if they think that a failure to pay is attributable to administrative error.

194 Lapse

(1) In the case of a premises licence issued to an individual, the licence shall lapse if--

(a) the licensee dies,

(b) the licensee becomes, in the opinion of the licensing authority as notified to the licensee, incapable of carrying on the licensed activities by reason of mental or physical incapacity,

(d) sequestration of the licensee's estate is awarded under section 12(1) of the Bankruptcy (Scotland) Act 1985 (c. 66).

(2) In any other case a premises licence shall lapse if the licensee--

(a) ceases to exist, or

(b) goes into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).

(3) If a licensing authority become aware that a premises licence issued by them has lapsed, they shall as soon as is reasonably practicable notify--

(a) the Commission,

(b) either--

(i) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or

(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

195 Reinstatement

(1) This section applies where a premises licence lapses under section 194.

(2) During the period of six months beginning with the date of the lapse of the premises licence a person may apply to the licensing authority for the licence to be reinstated with the applicant as the licensee.

(3) The provisions of this Part shall apply in relation to an application for reinstatement as they apply in relation to an application for a premises licence--

(a) subject to the provisions of this section and section 196, and

(b) with any other necessary modifications.

(4) An application for reinstatement must (in addition to anything required by section 159) request that the reinstatement take effect upon the application being granted.

(5) A licensing authority shall grant an application for reinstatement unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (3) above).

(6) On the grant of an application for the reinstatement of a premises licence the licensing authority--

(a) shall alter the licence so that the applicant for reinstatement becomes the licensee,

(b) shall specify in the licence that the reinstatement takes effect at the time when the application is granted, and

(c) shall make such other alteration of the licence as appears to them to be required (which may, in particular, include an alteration to reflect a decision of the authority under section 169 as applied by subsection (3) above to make new or varied provision for the attachment or exclusion of conditions).

196 Reinstatement: supplemental

(1) An application under section 195 for the reinstatement of a premises licence must (in addition to anything required by section 159) be accompanied by--

(a) the licence, or

(b) both--

(i) a statement explaining why it is not reasonably practicable to produce the licence, and

(ii) an application under section 190 for the issue of a copy of the licence.

(2) In the case of an application under section 190 made in accordance with subsection (1)(b)(ii) above--

(a) the application shall be made by the applicant for reinstatement, and

(b) a reference to the licence being lost, stolen or damaged shall be treated as a reference to the licence being unavailable to the applicant for reinstatement.

(3) Regulations under section 160, as they have effect in relation to applications for reinstatement by virtue of section 195(3), may require notice to be given to specified responsible authorities (and not to all responsible authorities).

(4) Section 161 shall have effect in relation to an application for reinstatement with the omission of the reference to interested parties.

(5) Where an application is made under section 195 for the reinstatement of a premises licence, the licence shall have effect as if the applicant for reinstatement were the licensee during the period--

(a) beginning with the receipt of the application for reinstatement by the licensing authority, and

(b) ending with the determination of the application by the licensing authority.

Review

197 Application for review

(1) A responsible authority or interested party may apply to the licensing authority for a review by the authority of a premises licence.

(2) An application must--

(a) be made in the prescribed form and manner,

(b) specify the grounds on which the review is sought, and

(3) The Secretary of State may make regulations requiring an applicant--

(a) to give notice of his application to the licensee;

(b) to give notice of his application to the responsible authorities in relation to the premises.

(4) The Secretary of State may make regulations requiring the licensing authority to whom an application is made under this section to publish notice of the application.

(5) Regulations under subsection (2), (3) or (4) shall include provision--

(a) about the manner and form in which notice is to be published or given,

(b) about the period of time within which notice is to be published or given, and

(6) Regulations by virtue of subsection (5)(a) shall, in particular, require a notice to specify a period of time during which representations about the application may be made to the licensing authority by--

(a) the licensee,

(b) a responsible authority, or

(7) In relation to applications to authorities in Scotland, subsections (3) and (4) shall have effect as if the references to the Secretary of State were references to the Scottish Ministers.

198 Rejection of application

(1) A licensing authority may reject an application under section 197 for the review of a premises licence if they think that the grounds on which the review is sought--

(a) do not raise an issue relevant to the principles to be applied in accordance with section 153,

(b) are frivolous,

(d) will certainly not cause the authority to wish to take action of a kind specified in section 202(1),

(e) are substantially the same as the grounds specified in an earlier application under section 197 in respect of the premises licence, or

(f) are substantially the same as representations made under section 161 in relation to the application for the premises licence.

(2) In determining whether to exercise the power to reject an application under section 197 in accordance with subsection (1)(e) or (f), a licensing authority shall consider the length of time that has elapsed since the making of the earlier application or since the making of the representations under section 161.

(3) If a licensing authority consider that paragraphs (a) to (f) apply to some but not all of the grounds on which a review is sought, they may reject the application in so far as it relies on grounds to which those paragraphs apply.

(4) In this section a reference to section 161 includes a reference to that section as applied by section 187(3).

199 Grant of application

(1) This section applies where an application for review has been made to a licensing authority under section 197.

(2) If, or in so far as, the licensing authority do not reject the application under section 198 they shall grant it.

200 Initiation of review by licensing authority

(1) A licensing authority may review in relation to premises licences of a particular class--

(a) the use made of premises, and

(b) in particular, arrangements made by licensees to ensure compliance with conditions attached under section 167, 168 or 169 or by a provision of this Part.

(2) A licensing authority may review any matter connected with the use of premises in reliance on a premises licence if the authority--

(a) have reason to suspect that the premises may have been used in purported reliance on a licence but not in accordance with a condition of the licence, or

(b) for any reason (which may relate to the receipt of a complaint about the use of the premises) think that a review would be appropriate.

(3) Before reviewing a premises licence under subsection (2) the licensing authority shall--

(a) give notice of their intention to hold the review to the licensee, and

(b) publish notice of their intention to hold the review.

(4) The Secretary of State may make regulations about--

(a) the manner and form in which notice under subsection (3) is to be given or published, and

(b) the period of time within which notice is to be given or published.

(5) Regulations by virtue of subsection (4)(a) shall, in particular, require a notice to specify a period of time during which representations about the review may be made to the licensing authority by--

(a) the licensee,

(b) a responsible authority, or

(6) In relation to notice given by a licensing authority in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

201 Review

(1) This section applies where a licensing authority--

(a) have granted an application for a review of a premises licence under section 199, or

(b) have given notice under section 200 of their intention to hold a review of a premises licence.

(2) As soon as is reasonably practicable after the expiry of any period for representations prescribed under section 197(6) or 200(5), the licensing authority shall review the premises licence.

(3) The purpose of the review shall be to consider whether to take action of a kind specified in section 202(1) in relation to the licence.

(4) In conducting a review of a premises licence a licensing authority shall hold a hearing unless--

(a) the applicant for the review (if there is one), and each person who has made representations about the review under section 197(6) or 200(5), have consented to the conduct of the review without a hearing, or

(b) the licensing authority think that each representation made about the review in accordance with section 197(6) or 200(5)--

(i) is frivolous,

(ii) is vexatious, or

(iii) will certainly not influence the review.

(5) In considering whether to take action of a kind specified in section 202(1) the licensing authority shall have regard (in addition to the matters specified in section 153) to--

(a) any representations made in accordance with section 197(6) or 200(5),

(b) any representations made at the hearing of the review (if there is one), and

(c) in the case of a review held in response to an application under section 197, the grounds specified in the application for the review (apart from any in relation to which the application was rejected under section 198(3)).

202 Action following review

(1) As a result of a review of a premises licence under section 201 a licensing authority may--

(a) revoke the licence;

(b) suspend the licence for a specified period not exceeding three months;

(d) add, remove or amend a condition under section 169.

(2) If the licensing authority decide to take action of a kind specified in subsection (1) they shall specify the time at which the action shall take effect.

(3) A licensing authority may, in particular, take action under subsection (1) on the grounds that the licensee has not used the licence.

203 Determination

(1) As soon as possible after completion of a review of a premises licence under section 201 a licensing authority shall give notice of their decision on the review to--

(a) the licensee,

(b) the applicant for the review (if any),

(d) any person who made representations in accordance with section 197 or 200,

(e) either--

(i) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or

(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and

(f) Her Majesty's Commissioners of Customs and Excise.

(2) A notice under subsection (1)--

(a) must be in the prescribed form, and

(b) must give the authority's reasons for their decision.

Provisional statement

204 Application

(1) A person may make an application for a provisional statement in respect of premises--

(a) that he expects to be constructed,

(b) that he expects to be altered, or

(2) The provisions of this Part shall apply in relation to an application for a provisional statement as they apply in relation to an application for a premises licence--

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