Gambling Act 2005 (c. 19)

(The document as of February, 2008)

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(b) written representations, or

Form of permit

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

(a) the person to whom it is issued,

(b) the nature of the gaming in respect of which it has effect,

(d) the date on which it takes effect.

(2) If the person to whom a permit is issued changes his name or wishes to be known by another name--

(a) he may send the permit to the licensing authority with--

(i) the prescribed fee, and

(ii) a request that a new name be substituted for the old name, and

(b) the licensing authority shall comply with the request and return the permit to the holder.

Duration

13 A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 12(1)(d) 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 18.

14 (1) A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 12(1)(c).

(2) A permit shall not take effect if on the date specified under paragraph 12(1)(d) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 12(1)(c).

15 (1) A permit held by an individual shall lapse if--

(a) he dies,

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

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

(2) In any other case a permit shall lapse if the holder--

(a) ceases to exist, or

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

(3) During the period of six months beginning with the date on which a permit lapses under this paragraph the following may rely on it as if it had effect and were issued to them--

(a) the personal representatives of the holder (in the case of an individual holder who dies),

(b) the trustee of the bankrupt's estate (in the case of an individual holder who becomes bankrupt),

(d) the liquidator of the company (in the case of a company holder that goes into liquidation).

(4) In relation to premises in Scotland--

(a) sub-paragraph (2)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

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

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

16 A permit shall cease to have effect if the holder gives to the licensing authority--

(a) notice of surrender, and

(b) either--

(i) the permit, or

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

17 (1) Where the holder of a permit is convicted of a relevant offence the court by or before which he is convicted 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 this paragraph.

(4) The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the holder of the permit deliver to the licensing authority 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 or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.

Renewal

18 (1) The holder of a permit may apply to the licensing authority for renewal of the permit.

(2) An application for renewal may not be made--

(a) before the period of six months ending with the date on which the permit would otherwise expire in accordance with paragraph 13, or

(b) after the beginning of the period of two months 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 13 shall have effect in relation to a renewed permit as if the date of renewal were the date specified under paragraph 12(1)(d).

(5) A permit shall not cease to have effect by virtue only of paragraph 13 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.

Maintenance

19 The holder of a permit shall keep it on the premises.

20 (1) An occupier of premises in respect of which a permit has effect 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 this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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

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

(3) A licensing authority shall consider an application under this paragraph and shall grant it 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 this paragraph a licensing authority shall issue a copy of the permit certified by the authority as a true copy.

(5) A copy of a permit issued under this paragraph shall be treated as if it were the permit.

Appeal

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

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

(a) in the magistrates' court for a local justice area in which the premises to which the appeal relates 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.

(3) On an appeal a 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) Sub-paragraph (1) applies to a decision of a licensing authority following remittal under sub-paragraph (3)(c) above.

Register

23 (1) A licensing authority shall--

(a) maintain a register of permits issued by the authority together with such other information as may be prescribed,

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

(c) make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request.

(2) A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority.

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

(a) the form of the register;

(b) the manner in which it is maintained.

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

(a) requiring licensing authorities to give to the Commission specified information about permits issued by them;

(b) requiring the Commission to maintain a register of the information provided to it under paragraph (a);

(d) requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public;

(e) excusing licensing authorities, wholly or partly, from compliance with sub-paragraph (1).

Vehicles and vessels

24 A permit may not be issued in respect of a vehicle or vessel (or part of a vehicle or vessel).

Section 295

SCHEDULE 15 Private Gaming and Betting

Part 1 Gaming

Introduction

1 Gaming is private if it satisfies the conditions specified in this Part of this Schedule.

2 (1) For the purposes of this Part of this Schedule gaming is domestic if it takes place--

(a) in a private dwelling, and

(b) on a domestic occasion.

(2) For the purposes of this Part of this Schedule gaming is residential if--

(a) it takes place in a hostel, hall of residence or similar establishment which is not administered in the course of a trade or business, and

(b) more than half of the participants are residents of the hostel, hall or establishment.

No charge for participation

3 (1) It is a condition of private gaming that no charge is made for participation.

(2) For the purposes of this paragraph--

(a) it is immaterial how a charge is described,

(b) it is immaterial whether a charge is in money or money's worth,

(c) an amount deducted or levied, by a person providing facilities for gaming, from sums staked or won in the course of gaming is a charge for participation in the gaming,

(d) a charge for admission to premises where gaming takes place shall be treated as a charge for participation in the gaming, and

(e) a stake is not a charge for participation.

Equal chance gaming

4 (1) It is a condition of private gaming that it is equal chance gaming.

(2) But this condition does not apply in relation to domestic or residential gaming.

Privacy

5 It is a condition of private gaming that it does not occur in a place to which the public have access (whether or not on payment).

Part 2 Betting

Introduction

6 Betting is private betting if it is--

(a) domestic betting, or

(b) workers' betting.

Domestic betting

7 (1) A betting transaction is domestic betting if made on premises in which each party to the transaction lives.

(2) For the purposes of this paragraph a person lives in premises if he habitually resides in any part of the premises (whether or not there are other premises in which he also habitually resides).

Workers' betting

8 A betting transaction is workers' betting if made between persons each of whom is employed under a contract of employment with the same employer.

Section 356

SCHEDULE 16 Minor and Consequential Amendments

Part 1 Minor Amendments

Metropolitan Police Act 1839 (c. 47)

1 In section 44 of the Metropolitan Police Act 1839 (refreshment houses)--

(a) omit ", or knowingly suffer any unlawful games or any gaming whatsoever therein,", and

(b) in the heading, omit ", or gaming".

Libraries Offences Act 1898 (c. 53)

2 Section 2(3) of the Libraries Offences Act 1898 (offence of annoying library users) shall cease to have effect.

Gaming Act 1968 (c. 65)

3 (1) The Gaming Act 1968 shall be amended as follows.

(2) For section 6(2) (premises licensed for the sale of alcohol) substitute--

" (2) This section applies to any premises in England and Wales--

(a) in respect of which a premises licence under Part 3 of the Licensing Act 2003 (c. 17) has effect,

(b) which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(3) In section 12(3)--

(a) in paragraph (a) the words from "and at that time" to the end of the paragraph shall cease to have effect,

(b) in paragraph (b) the words from "and at that time" to the end of the paragraph shall cease to have effect, and

(4) For section 20(5) substitute--

" (5) Section 12(3) shall not apply in relation to any club to which this section applies. "

(5) In section 31--

(a) in subsection (2)(c) for "ten" substitute "twenty",

(b) for subsection (3E) substitute--

" (3E) The initial amount must not exceed the higher of--

(a) the highest coin value, or

(b) the charge for playing a game once by means of the machine. " , and

(a) the highest coin value, or

(b) the charge for playing a game once by means of the machine. "

(6) In section 51(3) after "regulations" insert "or an order".

(7) In paragraph 10A(1) of Schedule 9, leave out "sub-paragraph (a) or".

(8) After paragraph 10A of Schedule 9 insert--

" 10AA A permit in respect of premises to which sub-paragraph (a) of paragraph 1 of this Schedule applies shall be subject to the conditions that a machine must--

(a) be located on premises which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and

(b) be made available for use only at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003. "

Chronically Sick and Disabled Persons Act 1970 (c. 44)

4 Section 8B(2)(c) of the Chronically Sick and Disabled Persons Act 1970 (report by Secretary of State on access to betting offices) shall cease to have effect.

Part 2 Consequential Amendments

Parliamentary Commissioner Act 1967 (c. 13)

5 In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject to investigation) for "Gaming Board for Great Britain." substitute "Gambling Commission."

Superannuation Act 1972 (c. 11)

6 In Schedule 1 to the Superannuation Act 1972 (employment to which superannuation schemes may extend) for "Gaming Board for Great Britain." substitute "Gambling Commission."

House of Commons Disqualification Act 1975 (c. 24)

7 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for "The Gaming Board for Great Britain." substitute "The Gambling Commission."

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

8 In section 20(9) of the Local Government (Miscellaneous Provisions) Act 1976 (sanitation) for the definition of "betting office" substitute--

" "betting office" means premises, other than a track within the meaning of the Gambling Act 2005, in respect of which a betting premises licence under Part 8 of that Act has effect; " .

Race Relations Act 1976 (c. 74)

9 In Schedule 1A to the Race Relations Act 1976 (bodies subject to general statutory duty) for "Gaming Board for Great Britain" substitute "Gambling Commission".

London Local Authorities Act 1995 (c. x)

10 In section 14 of the London Local Authorities Act 1995 (interpretation of licensing provisions) for the provision excluding premises licensed under Part II of the Gaming Act 1968 substitute: "does not include premises in respect of which a casino premises licence, bingo premises licence, adult gaming centre premises licence, family entertainment centre premises licence or betting premises licence under Part 8, or a family entertainment centre gaming permit under section 247, of the Gambling Act 2005 has effect;".

Employment Rights Act 1996 (c. 18)

11 For section 233 of the Employment Rights Act 1996 (betting workers) substitute--

" 233 Betting workers

(1) In this Act "betting worker" means an employee who under his contract of employment is or may be required to do betting work.

(2) In this Act "betting work" means--

(a) work which consists of or includes dealing with betting transactions at a track in England or Wales and which is carried out for a person who holds a general betting operating licence, a pool betting operating licence or a horse-race pool betting operating licence, and

(b) work on premises in respect of which a betting premises licence has effect at a time when the premises are used for betting transactions.

(3) In subsection (2) "betting transactions" includes the collection or payment of winnings.

(4) Expressions used in this section and in the Gambling Act 2005 have the same meaning in this section as in that Act.

(5) In this Act--

"notice period", in relation to an opted-out betting worker, has the meaning given by section 41(3),
"opted-out", in relation to a betting worker, shall be construed in accordance with section 41(1) and (2),
"opting-in notice", in relation to a betting worker, has the meaning given by section 36(6),
"opting-out notice", in relation to a betting worker, has the meaning given by section 40(2), and
"protected", in relation to a betting worker, shall be construed in accordance with section 36(1) to (5). "

Police Act 1997 (c. 50)

12 In section 115 of the Police Act 1997 (enhanced criminal record certificates) for subsection (5)(a) to (c) substitute--

" (a) a process under the Gambling Act 2005 " .

Terrorism Act 2000 (c. 11)

13 In paragraph 4 of Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory authorities) for "Gaming Board for Great Britain" substitute "Gambling Commission".

Regulation of Investigatory Powers Act 2000 (c. 23)

14 In paragraph 20A of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant public authorities) for "Gaming Board for Great Britain" substitute "Gambling Commission".

Postal Services Act 2000 (c. 26)

15 In section 7 of the Postal Services Act 2000 (exceptions to the restrictions on provision of postal services) for the definition of "authorised promoter" substitute--

" "authorised promoter" means--

(a) the holder of a pool betting operating licence under Part 5 of the Gambling Act 2005,

(b) a person authorised under section 93(3) of that Act to do anything on behalf of the holder of a pool betting operating licence, and

(c) an associate, within the meaning of section 184 of the Consumer Credit Act 1974 (c. 39), of a person within paragraph (a) or (b), " .

Freedom of Information Act 2000 (c. 36)

16 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which the Act applies) for "Gaming Board of Great Britain" substitute "Gambling Commission.

Private Security Industry Act 2001 (c. 12)

17 For paragraph 8(3)(e) of Schedule 2 to the Private Security Industry Act 2001 (exceptions for certain premises) substitute--

" (e) in relation to any occasion on which a casino premises licence or a bingo premises licence is in force in respect of the premises under the Gambling Act 2005 and the premises are being used in reliance on that licence; or " .

Criminal Justice and Police Act 2001 (c. 16)

18 (1) In Schedule 1 of the Criminal Justice and Police Act 2001 (seizure powers to which extending provision of section 50 applies)--

(a) paragraphs 6, 11 and 20 cease to have effect,

(b) at the end of Part 1 (renumbering the entry for the Licensing Act 2003 as paragraph 73E) add--

" Gambling Act 2005

73F The powers conferred by section 317 of the Gambling Act 2005 (inspection powers). " ,

(d) at the end of Part 3 (renumbering the entry for the Licensing Act 2003 as paragraph 111) add--

" Gambling Act 2005

112 The powers conferred by section 317 of the Gambling Act 2005 (inspection powers). "

(2) For the purposes of the amendments made by this paragraph, the powers in section 317(1)(d), (e) and (f) are powers of seizure.

Proceeds of Crime Act 2002 (c. 29)

19 In Part 2 of Schedule 9 to the Proceeds of Crime Act 2002 (supervisory authorities) in paragraph 4(g) for "Gaming Board for Great Britain" substitute "Gambling Commission".

Licensing Act 2003 (c. 17)

20 (1) The Licensing Act 2003 shall be amended as follows.

(2) For section 175 (exemption for raffle, tombola, &c.) substitute--

" 175 Exemption for incidental non-commercial lottery

(1) The promotion of a lottery to which this section applies shall not constitute a licensable activity by reason only of one or more of the prizes in the lottery consisting of or including alcohol, provided that the alcohol is in a sealed container.

(2) This section applies to an incidental non-commercial lottery (within the meaning of Part 1 of Schedule 11 to the Gambling Act 2005). "

(3) In paragraph 10(3) of Schedule 1 (provision of regulated entertainment) for "section 22 of the Lotteries and Amusements Act 1976 (c. 32)" substitute "section 19(3) of the Gambling Act 2005".

(4) In Schedule 4 (relevant offences) after paragraph 20 insert--

" 21 An offence under section 46 of the Gambling Act 2005 if the child or young person was invited, caused or permitted to gamble on premises in respect of which a premises licence under this Act had effect. "

Note

21 The amendments made by this Schedule are without prejudice to the generality of paragraph 4 of Schedule 5.

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