Gambling Act 2005 (c. 19)

(The document as of February, 2008)

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(a) an operating licence held by the applicant for registration has been revoked under section 119(1), or

(b) an application for an operating licence made by the applicant for registration has been refused.

48 A local authority may refuse an application for registration if they think that--

(a) the applicant is not a non-commercial society,

(b) a person who will or may be connected with the promotion of the lottery has been convicted of a relevant offence, or

49 A local authority may not refuse an application for registration unless they have given the applicant an opportunity to make representations.

Revocation

50 (1) A local authority may revoke a registration under this Part if they think that they would be obliged or permitted to refuse an application for the registration were it being made anew.

(2) Where a local authority revoke a registration under this Part they shall specify that the revocation takes effect--

(a) immediately, or

(b) at the end of such period, beginning with the day of the revocation and not exceeding two months, as they may specify.

(3) A local authority may not revoke a registration under this Part unless they have given the registered society an opportunity to make representations.

Appeal

51 (1) If a local authority refuse or revoke registration under this Part--

(a) the authority shall notify the applicant society or the formerly registered society as soon as is reasonably practicable, and

(b) the society may appeal to a magistrates' court.

(2) An appeal under this paragraph must be instituted--

(a) in a magistrates' court for a local justice area which is wholly or partly within the area of the local authority against whose decision the appeal is brought,

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

(c) in the period of 21 days beginning with the day on which the society is notified of the refusal or revocation of registration, and

(3) On an appeal under this paragraph a magistrates' court may--

(a) affirm the local authority's decision;

(b) reverse the local authority's decision;

(4) In relation to registration in Scotland--

(a) sub-paragraph (1)(b) shall have effect as if the reference to a magistrate's court were a reference to a sheriff whose sheriffdom is wholly or partly within the area of the local authority against whose decision the appeal is brought,

(b) sub-paragraph (2)(a) and (b) shall not have effect, and

Cancellation

52 A registered society may apply in writing to the registering authority for the registration to be cancelled.

53 As soon as is reasonably practicable after receipt of an application under paragraph 52 a local authority shall--

(a) cancel the registration,

(b) notify the formerly registered society of the cancellation, and

Annual fee

54 (1) A registered society shall pay an annual fee to the registering local authority.

(2) An annual fee--

(a) shall be paid within such period before each anniversary of the registration as may be prescribed, and

(b) shall be of the prescribed amount.

(3) If a registered society fails to comply with this paragraph the registering authority may cancel the society's registration.

(4) If a local authority cancel a registration under sub-paragraph (3) the authority shall as soon as is reasonably practicable notify--

(a) the formerly registered society, and

(b) the Commission.

Retention of records

55 (1) Where a statement is sent to a local authority under paragraph 39 the authority shall--

(a) retain it for at least 18 months,

(b) make it available for inspection by members of the public at all reasonable times, and

(2) But a local authority may refuse to provide access or a copy unless the person seeking access or a copy pays a fee specified by the authority.

(3) A local authority may not specify a fee under sub-paragraph (2) which exceeds the reasonable cost of providing the service sought (but in calculating the cost of providing a service to a person the authority may include a reasonable share of expenditure which is referable only indirectly to the provision of that service).

Interpretation: "prescribed"

56 In this Part "prescribed" means prescribed by the Secretary of State by regulations except that, in the following provisions, it means prescribed by the Scottish Ministers by regulations--

(a) in paragraph 42(2)(d), where the application is made to a local authority in Scotland,

(b) in paragraph 46(1), where the local authority giving notice is in Scotland, and

Part 6 Powers to Impose Additional Restrictions, &c.

Distributing lottery tickets by post

57 (1) The Secretary of State may by regulations impose a condition in relation to exempt lotteries requiring that tickets purchased be delivered to the purchaser by hand at the time of purchase and not by post.

(2) Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

Rollover

58 (1) The Secretary of State may by regulations impose in relation to exempt lotteries conditions or limitations in respect of the use of a rollover (in addition to any conditions or limitations set out in this Schedule).

(2) Regulations under this paragraph may apply generally, only in relation to a specified class of lottery or only in specified circumstances.

Other additional provision

59 (1) The Secretary of State may by order impose in relation to a class of lottery a condition (in addition to any specified in this Schedule) with which a lottery must comply if it is to be an exempt lottery within the meaning of this Schedule.

(2) A condition imposed under this paragraph may, in particular, relate to--

(a) the persons who may sell or supply lottery tickets;

(b) the persons who may buy lottery tickets;

(d) the nature of lottery tickets and information appearing on them;

(e) arrangements for advertising the lottery;

(f) the deductions which promoters may make from the proceeds of a lottery.

(3) The Secretary of State may by order restrict the extent to which a person may carry on activities in reliance on an exemption under this Schedule.

(4) An order under sub-paragraph (3) may, in particular, make provision--

(a) restricting the number of lotteries that may be promoted on behalf of a person wholly or partly within a specified period;

(b) prescribing a minimum interval between activity in connection with one lottery promoted on behalf of a person and activity in connection with another lottery promoted on behalf of that person.

(5) Before making an order under this paragraph the Secretary of State must consult the Commission.

Variation of monetary limits and percentages

60 The Secretary of State may by order vary a monetary amount or a percentage in this Schedule.

Part 7 General

Interpretation: advertisement

61 For the purposes of this Schedule--

(a) "advertisement", in relation to a lottery, includes any document, or electronic communication, announcing that a lottery will take place or inviting people to participate in a lottery (in either case whether or not it also gives other information),

(b) a reference to displaying an advertisement includes a reference to publishing a notice, and

(c) in the case of an advertisement in the form of an electronic communication, the communication is to be treated as being--

(i) distributed to any place at which a person can access it, and

(ii) sent to any premises at which a person can access it.

Interpretation: business

62 In this Schedule "business" includes trade and profession.

Vessels

63 Nothing in Part 2 or 3 of this Schedule applies to anything done on a vessel.

Section 274

SCHEDULE 12 Club Gaming Permits and Club Machine Permits

Application

1 (1) A members' club or miners' welfare institute may apply to a licensing authority for a club gaming permit.

(2) A members club, commercial club or miners' welfare institute may apply to a licensing authority for a club machine permit.

2 An application must--

(a) be made to a licensing authority in whose area the premises are wholly or partly situated,

(b) specify the premises in relation to which the permit is sought,

(d) contain or be accompanied by the prescribed information and documents, and

(e) be accompanied by the prescribed fee.

3 (1) A club or institute making an application for a permit must within the prescribed time send a copy of the application and of any accompanying documents to--

(a) the Commission, and

(b) the chief officer of police for any police area in which the premises are wholly or partly situated.

(2) If a club or institute fails to comply with sub-paragraph (1) the application, and any permit issued in response to it, shall have no effect.

Consideration of application

4 A person who receives a copy of an application for a permit in accordance with paragraph 3 may object to the application within the prescribed period of time and in the prescribed manner.

5 The licensing authority to whom an application for a permit is made shall consider the application and--

(a) grant it, or

(b) refuse it.

6 (1) A licensing authority may refuse an application for a permit only on one or more of the following grounds (having regard to the matters mentioned in paragraph 27)--

(a) that the applicant is not--

(i) in the case of an application for a club gaming permit, a members' club or a miners' welfare institute, or

(ii) in the case of an application for a club machine permit, a members' club, a commercial club or a miners' welfare institute,

(b) that the premises on which the applicant conducts its activities are used wholly or mainly by children, by young persons or by both,

(c) that an offence, or a breach of a condition of a permit, has been committed in the course of gaming activities carried on by the applicant,

(d) that a permit held by the applicant has been cancelled during the period of ten years ending with the date of the application, or

(e) that an objection to the application has been made under paragraph 4.

(2) If a licensing authority are satisfied in relation to an application for a permit of the matters specified in sub-paragraph (1)(a) or (b), they shall refuse the application.

7 (1) Before refusing an application for a permit a licensing authority must hold a hearing to consider the application and any objection made under paragraph 4.

(2) But a licensing authority may dispense with the requirement for a hearing with the consent of--

(a) the applicant, and

(b) any person who has made (and not withdrawn) an objection under paragraph 4.

8 (1) Where a licensing authority grant an application for a permit they shall as soon as is reasonably practicable--

(a) give notice of their decision and, where an objection was made under paragraph 4, of the reasons for it to--

(i) the applicant,

(ii) the Commission, and

(iii) the chief officer of police for any area in which the premises specified in the application are wholly or partly situated, and

(b) issue the permit to the applicant.

(2) A licensing authority may not attach conditions to a permit.

9 Where a licensing authority reject an application for a permit they shall as soon as is reasonably practicable give notice of their decision and the reasons for it to--

(a) the applicant,

(b) the Commission, and

(c) the chief officer of police for any area in which the premises specified in the application are wholly or partly situated.

Fast-track procedure for holder of club premises certificate

10 (1) This paragraph applies to an application if--

(a) the applicant for a permit is the holder of a club premises certificate under section 72 of the Licensing Act 2003 (c. 17), and

(b) the application asserts that paragraph (a) is satisfied and is accompanied by the certificate.

(2) In the case of an application to which this paragraph applies--

(a) paragraphs 3 to 6 shall not apply, and

(b) paragraphs 7 and 8 shall apply with the omission of any reference to objections.

(3) The authority to whom an application to which this paragraph applies is made shall grant it unless they think--

(a) that the applicant is established or conducted wholly or mainly for the purposes of the provision of facilities for gaming, other than gaming of a prescribed kind,

(b) that the applicant is established or conducted wholly or mainly for the purposes of the provision of facilities for gaming of a prescribed kind and also provides facilities for gaming of another kind, or

(c) that a club gaming permit or club machine permit issued to the applicant has been cancelled during the period of ten years ending with the date of the application.

(4) Regulations prescribing anything for the purposes of this Act may, in particular, make provision that differs in effect according to whether or not a permit is granted in pursuance of an application to which this paragraph applies.

(5) This paragraph does not apply to Scotland.

Form of permit

11 (1) A permit must be in the prescribed form and must specify--

(a) the name of the club or institute in respect of which it is issued,

(b) the premises to which it relates,

(d) the date on which it takes effect, and

(e) such other information as may be prescribed.

(2) If the application for the permit was made in accordance with paragraph 10, the permit must also identify the club premises certificate under section 72 of the Licensing Act 2003 (c. 17).

Maintenance

12 The holder of a permit shall keep it on the premises to which it relates.

13 (1) An occupier of premises to which a permit relates commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by--

(a) a constable, or

(b) an enforcement officer.

(2) A person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

14 (1) The holder of a permit--

(a) shall pay a first annual fee to the issuing licensing authority within such period after the issue of the permit as may be prescribed, and

(b) shall pay an annual fee to the issuing licensing authority before each anniversary of the issue of the permit.

(2) In this paragraph "annual fee" means a fee of such amount as may be prescribed.

(3) Sub-paragraph (1)(b) does not apply in relation to an anniversary of the issue of a permit immediately before which the permit expires in accordance with paragraph 17.

15 (1) If information contained in a permit ceases to be accurate the holder of the permit shall as soon as is reasonably practicable apply to the issuing licensing authority to have the permit varied.

(2) An application under sub-paragraph (1) must be accompanied by--

(a) the prescribed fee, and

(b) either--

(i) the permit, or

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

(3) The licensing authority to whom an application is made under sub-paragraph (1) shall issue a copy of the permit varied in accordance with the application (and the copy shall be treated as if it were the original permit).

(4) But if the authority think that they would refuse an application for the permit were it made anew, they may--

(a) refuse the application for variation, and

(b) cancel the permit.

(5) Paragraphs 7, 9 and 25 apply in relation to a decision under sub-paragraph (4) as they apply in relation to a decision to refuse an application for a permit (and paragraph 21 shall not apply).

(6) The holder of a permit commits an offence if without reasonable excuse he fails to comply with sub-paragraph (1).

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

16 (1) Where a permit is lost, stolen or damaged, the holder may apply to the issuing licensing authority for a copy.

(2) An application under sub-paragraph (1) must be accompanied by the prescribed fee.

(3) A licensing authority shall grant an application under sub-paragraph (1) if satisfied--

(a) that the permit has been lost, stolen or damaged, and

(b) where the permit 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 sub-paragraph (1) a licensing authority shall issue a copy of the permit certified by the authority as a true copy (and the copy shall be treated as if it were the original permit).

Duration

17 (1) A permit shall cease to have effect at the end of the period of ten years beginning with the date on which it is issued unless--

(a) it ceases to have effect before that time in accordance with a provision of this Schedule, or

(b) it is renewed in accordance with paragraph 24.

(2) But a permit issued in pursuance of an application to which paragraph 10 applies--

(a) shall not cease to have effect by virtue of sub-paragraph (1),

(b) may cease to have effect in accordance with paragraph 19, 21, 22 or 23, and

18 (1) If the holder of a permit ceases to be a members' club (whether or not it becomes a commercial club), a commercial club or a miners' welfare institute, the permit shall lapse.

(2) But this paragraph does not apply to a permit issued in pursuance of an application to which paragraph 10 applies.

19 (1) A permit shall cease to have effect upon being surrendered by notice given by the holder of the permit to the issuing licensing authority.

(2) A notice under sub-paragraph (1) must be accompanied by--

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

20 (1) The licensing authority which issues a permit shall as soon as is reasonably practicable inform the persons specified in sub-paragraph (2) if the authority--

(a) believe that the permit has lapsed under paragraph 17(2)(c) or 18, or

(b) receive notice of surrender under paragraph 19.

(2) The persons mentioned in sub-paragraph (1) are--

(a) the Commission, and

(b) the chief officer of police for any area in which the premises to which the permit relates are wholly or partly situated.

Cancellation and forfeiture

21 (1) The licensing authority which issued a permit may cancel it if the authority think--

(a) that the premises on which the holder of the permit conducts its activities are used wholly or mainly by children, by young persons or by both, or

(b) that an offence, or a breach of a condition of a permit, has been committed in the course of gaming activities carried on by the holder of the permit.

(2) Before cancelling a permit under this paragraph a licensing authority shall--

(a) give the holder of the permit at least 21 days' notice of the authority's intention to consider cancelling the permit,

(b) consider any representations made by the holder,

(d) comply with any prescribed requirements for the procedure to be followed in considering whether to cancel a permit.

(3) If a licensing authority cancel a permit they shall as soon as is reasonably practicable give notice of the cancellation and the reasons for it to--

(a) the holder,

(b) the Commission, and

(c) the chief officer of police for any area in which the premises to which the permit relates are wholly or partly situated.

(4) The cancellation of a permit shall not take effect until--

(a) the period specified in paragraph 25(5)(c) has expired without an appeal being brought, or

(b) any appeal brought has been determined.

22 (1) The licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 14.

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

23 (1) Where the holder of a permit, or an officer of the holder of a permit, is convicted of an offence under this Act by or before a court in Great Britain, the court may order forfeiture of the permit.

(2) Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by--

(a) the court which orders forfeiture,

(b) a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

(3) Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under sub-paragraph (1).

(4) The terms on which a forfeiture order is made under this paragraph shall, in particular, include a requirement that the holder deliver to the licensing authority who issued the permit, within such time as the order may specify--

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

(5) As soon as is reasonably practicable after making an order for forfeiture under this paragraph the court shall notify the licensing authority who issued the permit.

Renewal

24 (1) The holder of a permit may apply to the issuing authority for its renewal.

(2) An application for the renewal of a permit may not be made--

(a) before the period of three months ending with the date on which the permit would otherwise expire, or

(b) after the beginning of the period of six weeks ending with that date.

(3) The provisions of this Schedule shall have effect (with any necessary modifications) in relation to an application for renewal as they have effect in relation to an application for a permit.

(4) Paragraph 17 shall have effect in relation to a renewed permit with the substitution of the date of renewal for the date of issue.

(5) A permit shall not cease to have effect by virtue only of paragraph 17 while--

(a) an application for renewal of the permit is pending, or

(b) an appeal against a decision on an application for renewal of the permit is pending.

Appeal

25 (1) Where a licensing authority reject an application for the issue or renewal of a permit the applicant may appeal.

(2) Where a licensing authority grant an application for the issue or renewal of a permit in relation to which an objection was made under paragraph 4, the person who made the objection may appeal.

(3) Where a licensing authority cancel a permit the holder may appeal.

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