Gambling Act 2005 (c. 19)

(The document as of February, 2008)

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(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--

(a) subject to the provisions of this section and section 205, and

(b) with any other necessary modifications.

(3) An application for a provisional statement shall include such plans and other information in relation to the construction, alteration or acquisition as may be prescribed.

(4) Sections 152(1)(b) and 159(3) and (5) shall not apply in relation to an application for a provisional statement.

205 Effect

(1) This section applies where--

(a) a licensing authority issue a provisional statement in respect of premises, and

(b) an application is made under section 159 for a premises licence in respect of the premises.

(2) The licensing authority shall disregard any representations made in relation to the application for the premises licence unless they think that the representations--

(a) address matters that could not have been addressed in representations in relation to the application for the provisional statement, or

(b) reflect a change in the applicant's circumstances.

(3) The licensing authority may refuse the application, or grant it on terms or conditions not included in the provisional statement, only by reference to matters which--

(a) the authority have considered in reliance on subsection (2)(a), or

(b) in the authority's opinion reflect a change in the applicant's circumstances.

(4) But subsections (2) and (3) do not apply in the case of a provisional statement issued in response to an application under section 204(1)(a) or (b) if the licensing authority think that the premises have been constructed or altered otherwise than in accordance with the plans and information included with the application for the provisional statement in accordance with section 204(3).

Appeals

206 Rights of appeal

(1) Where a licensing authority reject an application under this Part the applicant may appeal.

(2) Where a licensing authority grant an application under this Part either of the following may appeal--

(a) a person who made representations in relation to the application, and

(b) the applicant.

(3) Where a licensing authority take action under section 202 as a result of a review of a premises licence, or determine to take no action as a result of a review, any of the following may appeal--

(a) the licensee,

(b) a person who made representations in relation to the review,

(d) the Commission.

(4) Where a licensing authority take action or make a determination under section 188(4) or (5) either of the following may appeal--

(a) the licensee, and

(b) the applicant for transfer.

207 Process

(1) An appeal under section 206 in relation to premises must be instituted--

(a) in the magistrates' court for a local justice area in which the premises are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.

(2) Where an appeal is brought under section 206 the licence holder (or the applicant in the case of an appeal against the grant of an application for a premises licence) shall be a respondent in addition to the licensing authority (unless he is the appellant).

(3) On an appeal under section 206 the magistrates' court may--

(a) dismiss the appeal;

(b) substitute for the decision appealed against any decision that the licensing authority could have made;

(d) make an order about costs.

(4) Section 206 applies to a decision of a licensing authority following remittal under subsection (3)(c) above.

(5) In relation to premises in Scotland--

(a) subsection (1)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) subsection (1)(b) shall not have effect,

(d) the reference in subsection (3) to costs shall have effect as a reference to expenses.

208 Stay pending appeal

(1) A determination or other action under this Part shall have no effect while an appeal under section 206--

(a) could be brought, or

(b) has been brought and has not yet been either finally determined or abandoned.

(2) But a licensing authority making a determination or taking other action under this Part may direct that subsection (1) shall not apply (in which case the magistrates' court or sheriff determining an appeal may make any order that it or he thinks appropriate).

209 Further appeal

A party to an appeal under section 206 may appeal on a point of law--

(a) in relation to premises in England and Wales, to the High Court, or

(b) in relation to premises in Scotland, to the Court of Session.

General

210 Planning permission

(1) In making a decision in respect of an application under this Part a licensing authority shall not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with the law relating to planning or building.

(2) A decision by a licensing authority under this Part shall not constrain any later decision by the authority under the law relating to planning or building.

211 Vehicles and vessels

(1) A premises licence--

(a) may not be issued in relation to a vehicle (or part of a vehicle),

(b) may be issued in relation to all or part of a passenger vessel,

(c) may be issued in relation to all or part of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, and

(d) may not be issued in relation to all or part of a vessel to which neither of paragraphs (b) and (c) applies.

(2) A premises licence in relation to a vessel may include a condition imposed by virtue of section 169 about the location of the vessel.

(3) In relation to a vessel, a reference in this Part to a place in which premises are wholly or partly situated shall be construed--

(a) in the case of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, as a reference to that place,

(b) in the case of a vessel which is permanently moored at a place, as a reference to that place,

(c) in the case of a vessel which is habitually moored at one place more frequently or for longer periods than at any other place, as a reference to that place, and

(d) in any other case, as a reference to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a premises licence.

(4) In relation to a vessel, the following are responsible authorities for the purposes of this Part (in addition to the persons listed in section 157)--

(a) a navigation authority, within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57), which has functions in relation to any place where the vessel is or is likely to be while activities are carried on in the vessel in reliance on a premises licence,

(b) the Environment Agency,

(d) the Secretary of State.

212 Fees

(1) Regulations under this Part prescribing a fee--

(a) may provide for the amount of the fee to be determined by a licensing authority, and

(b) may, if they make provision by virtue of paragraph (a), specify constraints on a licensing authority's power to determine the amount of the fee.

(2) Where provision is made under subsection (1) for the amount of a fee to be determined by a licensing authority, the authority--

(a) shall determine the amount of the fee,

(b) may determine different amounts for different classes of case specified in the regulations (but may not otherwise determine different amounts for different cases),

(d) shall aim to ensure that the income from fees of that kind as nearly as possible equates to the costs of providing the service to which the fee relates (including a reasonable share of expenditure which is referable only partly or only indirectly to the provision of that service).

(3) For the purposes of subsection (2)(d) a licensing authority shall compare income and costs in such manner, at such times and by reference to such periods as the authority, having regard to any guidance issued by the Secretary of State, think appropriate.

(4) Regulations by virtue of this section may (without prejudice to the generality of section 355)--

(a) make provision which applies generally or only to specified authorities or classes of authority,

(b) make different provision for different authorities or classes of authority, and

(5) A class of authority for the purposes of subsection (4) may, in particular, be defined by reference to categories assigned under section 99 of the Local Government Act 2003 (c. 26).

(6) This section does not apply to Scotland.

213 Interpretation

In this Part--

(a) "authorised activity", in relation to a premises licence, means an activity specified under section 151(1)(d),

(b) "chief officer of police" has the meaning given by section 101(1) of the Police Act 1996 (c. 16),

(c) a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act,

(d) "holder", in relation to a premises licence, means the person to whom the licence is issued,

(e) "licensee", in relation to a premises licence, also means the person to whom the licence is issued,

(f) "the licensing authority", in relation to a premises licence, means the authority who issued the licence, and

(g) "prescribed" means (except where the contrary is provided) prescribed by regulations made by the Secretary of State.

Part 9 Temporary Use of Premises

Temporary use notice

214 Exception to offence of using premises for gambling

(1) A person who uses premises to carry on an activity listed in section 37(1), or who causes or permits premises to be used to carry on an activity to which that section applies, does not commit an offence under that section if--

(a) a temporary use notice under this Part has effect in respect of the premises, and

(b) the activity is carried on in accordance with the terms of the notice.

215 Nature of notice

(1) A temporary use notice is a notice given in accordance with the provisions of this Part--

(a) by the holder of an operating licence, and

(b) stating his intention to carry on one or more specified prescribed activities.

(2) The Secretary of State may by regulations--

(a) prescribe activities which may be specified in a notice under subsection (1)(b);

(b) prescribe combinations of activity that may not be specified in a notice under subsection (1)(b);

(c) prescribe activities which may be specified under subsection (1)(b) only if no other prescribed activity is specified in the notice.

(3) A temporary use notice given by a person may specify an activity under subsection (1)(b) only if the person's operating licence authorises him to carry on the activity.

216 Form of notice

(1) A temporary use notice must--

(a) be in the prescribed form,

(b) specify the activity to be carried on in reliance on the notice,

(d) specify the period of time during which the notice is to have effect,

(e) specify the times of day during that period at which the activity is to be carried on,

(f) specify any periods during the previous 12 months during which a temporary use notice has had effect in respect of the premises or any part of the premises,

(g) specify the date on which the notice is given, and

(h) contain any other prescribed information.

(2) In this section "prescribed" means prescribed by regulations made by the Secretary of State.

(3) In subsection (1)(f) "the previous 12 months" means the period of 12 months ending with the last day of the period specified under subsection (1)(d).

217 Effect of notice

A temporary use notice shall, subject to the provisions of this Part and provided that the requirements of this Part are complied with, have effect during the period specified in the notice in accordance with section 216(1)(d).

218 Maximum permitted period

(1) A set of premises may not be the subject of temporary use notification for more than 21 days in a period of 12 months.

(2) A set of premises may be the subject of more than one temporary use notice in a period of 12 months (provided that the aggregate of the periods for which the notices have effect does not exceed 21 days).

(3) If a temporary use notice is given to a licensing authority and subsection (1) would be contravened if the notice had effect for any part of the period specified in accordance with section 216(1)(d), the licensing authority shall give a counter-notice providing for the temporary use notice not to have effect.

(4) Subsections (5) and (6) apply where a temporary use notice is given to a licensing authority and--

(a) subsection (1) would be contravened if the notice had effect for the whole of the period specified in accordance with section 216(1)(d) ("the specified period"), but

(b) the notice could have effect for some part of the specified period without resulting in contravention of subsection (1).

(5) The licensing authority shall give a counter-notice providing that the temporary use notice--

(a) shall not have effect during such part of the specified period as the licensing authority may specify in the counter-notice ("the excluded period"), and

(b) shall be treated for the purposes of this Part as if it related only to the non-excluded period.

(6) Where there is a choice as to which part of the specified period to exclude under subsection (5), the licensing authority shall consult the person who gave the temporary use notice before giving a counter-notice by virtue of that subsection.

(7) A counter-notice under this section shall have effect; and subsections (4) and (6) of section 224 shall apply in relation to a counter-notice given under this section as they apply in relation to a counter-notice given under that section.

(8) For the purposes of this section a set of premises is the subject of temporary use notification (or of a notice) if any part of the premises is the subject of temporary use notification (or of a notice).

Procedure

219 Giving notice

(1) A temporary use notice must be given to the licensing authority for the area in which the premises specified under section 216(1)(c) are situated.

(2) A temporary use notice must be given before the period of three months ending with the day before the period specified under section 216(1)(d).

(3) A temporary use notice given under subsection (1) must be accompanied by--

(a) a copy of the notice, and

(b) such fee as may be prescribed by regulations made--

(i) in relation to premises in England and Wales, by the Secretary of State, and

(ii) in relation to premises in Scotland, by the Scottish Ministers.

(4) A person who gives a temporary use notice must give a copy of it to--

(a) the Commission,

(b) either--

(i) in England and Wales, the chief officer of police for any area in which the premises specified in the notice 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

(5) A person who gives a temporary use notice must ensure that it, and any copy required by this section to be given, are received within the period of 7 days beginning with the date specified under section 216(1)(g).

(6) In the case of premises situated partly in the area of one licensing authority and partly in the area of another, the person giving the notice--

(a) may give it to either authority, and

(b) shall give a copy of the notice to the other authority.

(7) In this Part--

(a) "chief officer of police" has the meaning given by section 101(1) of the Police Act 1996 (c. 16), and

(b) a reference to a chief officer's area is a reference to the area in respect of which he has responsibility under that Act.

(8) Section 212 shall have effect in relation to fees under this section as it has effect in relation to fees under Part 8.

220 Acknowledgment of notice

Where a licensing authority receive a temporary use notice in accordance with section 219(1) they shall as soon as is reasonably practicable send a written acknowledgment of the notice to the person who gave it.

221 Objections

(1) This section applies where a person receives a temporary use notice, or a copy of a temporary use notice, in accordance with section 219.

(2) If the person thinks that having regard to the licensing objectives the temporary premises notice should not have effect, or should have effect only with modification, he may give a notice of objection to the person who gave the temporary use notice.

(3) A person who gives a notice of objection under subsection (2) must give a copy of the notice to the licensing authority to which the temporary use notice was given (unless it is that licensing authority which give the notice of objection).

(4) A notice of objection and any copy required by subsection (3) must be given within the period of 14 days beginning with the date on which the temporary use notice is given as specified under section 216(1)(g).

(5) A notice of objection must state--

(a) that the person giving the notice objects to the temporary use notice, and

(b) the person's reasons.

(6) If the person who gives a notice of objection later withdraws it by notice in writing to the persons mentioned in subsections (2) and (3), the notice of objection shall be disregarded.

222 Hearing of objections

(1) This section applies where--

(a) a temporary use notice is given to a licensing authority in accordance with section 219, and

(b) a notice of objection is given in accordance with section 221.

(2) The licensing authority shall hold a hearing at which any of the following may make representations about the notice of objection--

(a) the person who gave the temporary use notice,

(b) the person who gave the notice of objection, and

(3) But the licensing authority need not arrange a hearing if the authority and each person who would be entitled to make representations agree in writing that a hearing is unnecessary.

223 Modification by agreement

(1) This section applies where--

(a) a person has given a temporary use notice to a licensing authority in accordance with section 219,

(b) a notice of objection has been given by a person ("the objector") in accordance with section 221, and

(i) taken place, nor

(ii) been dispensed with in accordance with section 222(3).

(2) The objector may by notice in writing to the person who gave the temporary use notice propose a modification of that notice.

(3) If the person who gave the temporary use notice accepts the modification--

(a) he shall give a new notice, incorporating the modification, in accordance with section 219, and

(b) the objection shall be treated as withdrawn (but without prejudice to the right of any person other than the objector to give a notice of objection in relation to the new notice).

(4) The following provisions of section 219 shall not apply to a temporary use notice given under subsection (3)(a) above--

(a) subsection (2), and

(b) subsection (3)(b).

224 Counter-notice

(1) This section applies where--

(a) a person has given a temporary use notice to a licensing authority in accordance with section 219,

(b) a notice of objection has been given in accordance with section 221, and

(i) has taken place in accordance with section 222(2), or

(ii) has been dispensed with in accordance with section 222(3).

(2) If the licensing authority think that the temporary use notice should not have effect or should have effect only with modification, the authority may give a counter-notice under this subsection to the person who gave the temporary use notice.

(3) A counter-notice may provide for the temporary use notice--

(a) not to have effect;

(b) to have effect only in respect of a specified activity;

(c) to have effect only in respect of activity carried on during a specified period of time or at specified times of day;

(d) to have effect subject to compliance with a specified condition;

and provision made under this subsection shall have effect.

(4) A counter-notice must--

(a) be in the prescribed form,

(b) contain the prescribed information, and

(5) A counter-notice must state the licensing authority's reasons for giving it.

(6) Where a licensing authority give a counter-notice they shall as soon as is reasonably practicable give a copy to any person who was entitled to receive a copy of the temporary use notice.

(7) Section 153(1) shall apply to the exercise of a licensing authority's functions under this section as it applies to the exercise of a licensing authority's functions under Part 8.

(8) In this section "prescribed" means prescribed by regulations made by the Secretary of State.

225 Dismissal of objection

(1) This section applies where--

(a) a person has given a temporary use notice to a licensing authority in accordance with section 219,

(b) a notice of objection has been given in accordance with section 221, and

(2) The licensing authority shall as soon as is reasonably practicable give notice of their determination to--

(a) the person who gave the temporary use notice, and

(b) each person who received a copy of the temporary use notice in accordance with section 219.

226 Appeal

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

(a) give a counter-notice under section 224, or

(b) give a notice under section 225.

(2) Any of the following may appeal--

(a) the person who gave the temporary use notice, and

(b) a person who was entitled to receive a copy of the temporary use notice under section 219.

(3) An appeal under this section must be instituted--

(a) in the magistrates' court for a local justice area in which the premises to which the temporary use notice relates are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 14 days beginning with the day on which the appellant receives notice of the action against which the appeal is brought.

(4) A person who was entitled to receive a copy of the temporary use notice under section 219 must determine whether to appeal, and institute any appeal, as soon as is reasonably practicable.

(5) Where an appeal is brought against the giving of a notice under section 225 the person who gave the temporary use notice shall be a respondent in addition to the licensing authority.

(6) On an appeal under this section the magistrates' court may--

(a) dismiss the appeal;

(b) direct the licensing authority to take action of a specified kind;

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