Legalize / United Kingdom / Public General Act

Gambling Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2025-07-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) holds a personal licence authorising the performance of the functions of the office.

(2) A condition under either of those sections may impose requirements which relate to a management office and are in addition to any required by subsection (1).

(3) A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified management office is held in or in respect of the licensee or in connection with a licensed activity (whether or not in pursuance of another condition)—

(a) it must be held by an individual who holds a personal licence authorising the performance of the functions of the office, and

(b) anything done in the performance of the functions of the office must be done in accordance with the terms and conditions of the personal licence.

(4) A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified operational function is performed in connection with a licensed activity it must be performed—

(a) by an individual who holds a personal licence authorising performance of the function, and

(b) in accordance with the terms and conditions of the personal licence.

(5) In this section “management office” in relation to a licensee means—

(a) if the licensee is a company, the office of director,

(b) if the licensee is a partnership (including a limited liability partnership), the office of partner,

(d) in any case, any position the occupier of which is required, by the terms of his appointment, to take or share responsibility for—

(i) the conduct of a person who performs an operational function in connection with a licensed activity, or

(ii) facilitating or ensuring compliance with terms or conditions of the operating licence.

(6) In this section “operational function” means—

(a) any function which enables the person exercising it to influence the outcome of gambling,

(b) receiving or paying money in connection with gambling, and

(7) Provision by virtue of subsection (1) may be general or may relate only to specified—

(a) kinds of operating licence,

(b) cases, or

(8) The Secretary of State may by order amend the definition of “management office” or “operational function” for the purposes of this section.

(9) In relation to a bingo operating licence issued to a members' club, a commercial club or a miners' welfare institute—

(a) subsection (1) shall not apply, and

(b) a condition attached by virtue of section 75, 77 or 78 may not—

(i) require that a person hold a personal licence, or

(ii) operate by reference to whether a person holds a personal licence.

Credit and inducements

81

(1) A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, restrict or otherwise make provision about—

(a) the giving of credit in connection with the licensed activities;

(b) the making of offers designed to induce persons to participate, or to increase their participation, in the licensed activities;

(2) A non-remote casino operating licence or a non-remote bingo operating licence shall by virtue of this subsection be subject to the condition that the licensee may not—

(a) give credit in connection with gambling, or

(b) participate in, arrange, permit or knowingly facilitate the giving of credit in connection with gambling.

(3) But the condition in subsection (2) shall not prevent the licensee from permitting the installation and use on the premises of a machine enabling cash to be obtained on credit from a person (the “credit provider”) provided that—

(a) the licensee has no other commercial connection with the credit provider in relation to gambling,

(b) the licensee neither makes nor receives any payment or reward (whether by way of commission, rent or otherwise) in connection with the machine, and

(c) any conditions about the nature, location or use of the machine attached by virtue of section 75, 77 or 78 are complied with.

(4) In this section “credit” includes—

(a) any form of financial accommodation, and

(b) in particular, the acceptance by way of payment of a fee, charge or stake of anything other than—

(i) cash,

(ii) a cheque which is not post-dated and for which full value is given, or

(iii) a debit card payment which is not post-dated and for which full value is given.

(5) In subsection (4)(b)(iii) “debit card payment” means a payment—

(a) debited against a person's banking account, and

(b) made by means of a card which is not a credit-token within the meaning of section 14 of the Consumer Credit Act 1974 (c. 39).

Compliance with code of practice

82

(1) An operating licence shall by virtue of this section be subject to the condition that the licensee ensures compliance with any relevant social responsibility provision of a code of practice issued under section 24.

(2) In subsection (1)—

(a) the reference to a licensee includes a reference to anyone employed or engaged by a licensee to perform an operational function within the meaning of section 80, and

(b) the reference to a social responsibility provision of a code is a reference to a provision identified by a code as being included in pursuance of section 24(2).

(3) This section does not prevent compliance with a provision of a code, other than a social responsibility provision, from being made the subject of a condition under section 75, 77 or 78.

Return of stakes to children

83

(1) An operating licence shall by virtue of this section be subject to the condition that if the licensee becomes aware that a child or young person is using or has used facilities for gambling provided in reliance on the licence, the licensee—

(a) must return any money paid in respect of the use of those facilities (whether by way of fee, stake or otherwise) by the child or young person as soon as is reasonably practicable, and

(b) may not give a prize to the child or young person.

(2) But subsection (1) does not apply to—

(a) the use of a Category D gaming machine, or

(b) participation in equal chance gaming at a licensed family entertainment centre.

(3) The condition in subsection (1)—

(a) shall have effect despite any contract or other agreement and despite any rule of law, and

(b) shall not enable a licensee to demand repayment of, and shall not require a child or young person to return, a prize paid before the licensee becomes aware that the participant is a child or young person.

(4) In this section—

(a) a reference to a licensee includes a reference to anyone employed or engaged by a licensee to perform an operational function within the meaning of section 80, and

(b) in relation to participation in a lottery or football pools a reference to a child or young person shall be treated as a reference only to a child.

(5) In this section “prize” includes both a prize provided by a person organising gambling and winnings of money staked.

Premises

84

(1) An operating licence—

(a) may not include a condition (whether attached by virtue of section 75, 77 or 78)—

(i) requiring that the licensed activities be carried on at a specified place or class of place,

(ii) preventing the licensed activities from being carried on at a specified place or class of place, or

(iii) specifying premises on which the licensed activities may be carried on, but

(b) may include a condition about—

(i) the number of sets of premises on which the licensed activities may be carried on;

(ii) the number of persons for whom facilities may be provided on any premises where the licensed activities are carried on.

(2) An operating licence of any kind may authorise activities carried on in more than one place.

Equipment

85

(1) A condition attached to an operating licence by virtue of section 75, 77 or 78 may make provision about equipment used in connection with the licensed activities.

(2) In particular, a condition attached by virtue of this section may—

(a) make provision about the number of pieces of equipment, other than equipment for playing bingo, that may be used to provide facilities for gambling;

(b) make provision about the specification of equipment used to provide facilities for gambling.

(3) For the purposes of this section “equipment” includes—

(a) a computer,

(b) a device for the playing of a casino game, and

(4) But a gaming machine is not equipment for the purposes of this section.

Gaming machines

86

(1) An operating licence may not include a condition (whether attached by virtue of section 75, 77 or 78)—

(a) about the number or categories of gaming machine that may be made available for use in accordance with the licence,

(b) that contradicts a provision of regulations under section 236, 240 or 241, or

(2) An operating licence may be subject to a condition (whether imposed by virtue of section 75, 77 or 78) that a specified gaming machine may not be made available for use in reliance on the licence if the Commission has notified the licensee in writing that the manufacture, supply, installation, adaptation, maintenance or repair of the machine—

(a) was not carried out in reliance on a gaming machine technical operating licence, or

(b) did not comply with standards established under or by virtue of section 96.

Membership

87

An operating licence may not be subject to a condition (whether by virtue of section 75, 77 or 78)—

(a) requiring facilities to be provided by, or used in the course of the activities of, a club or other body with membership, or

(b) restricting the provision or use of facilities wholly or partly by reference to membership of a club or other body.

Information

88

(1) A condition attached to an operating licence by virtue of section 75 or 78 may require the provision of information of a specified kind to—

(a) the Commission, or

(b) another specified person or class of person.

(2) A condition attached by virtue of this section may, in particular—

(a) relate to information about the use made of facilities provided in accordance with the operating licence;

(b) require a person to provide any information that he suspects may—

(i) relate to the commission of an offence under this Act,

(ii) relate to a breach of a rule applied by a sporting or other body, or

(iii) lead to the making of an order under section 336.

Rules for particular kinds of licence

Remote operating licence

89

(1) This section applies to a remote operating licence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Commission may establish, or provide for the establishment of, standards in respect of—

(a) a system used for the generation of results in a virtual game, virtual race or other virtual event or process used in the course of remote gambling;

(b) any other aspect of the process of remote gambling.

(5) In particular, the Commission may—

(a) provide for the enforcement of standards by the attachment of conditions under section 75 or 77;

(b) make arrangements with any person for the establishment of standards;

(d) for the purpose of considering whether a condition under section section 75 or 77 has been complied with, require the licensee under a remote licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test;

(e) for the purpose of considering whether to grant an application under this Part, require a licensee under a remote licence or an applicant for a remote licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test.

(6) Standards established under subsection (5) may, in particular, be expressed—

(a) by reference to the opinion of a specified person or class of persons;

(b) by reference to a specified process or piece of equipment.

(7) This section is without prejudice to the generality of sections 75, 77 and 78.

Casino operating licence

90

(1) A casino operating licence may be subject to a condition (whether imposed by virtue of section 75, 77 or 78) restricting the class of casino game that may be made available.

(2) A casino operating licence may be subject to a condition imposed by virtue of section 75 or 77 specifying rules for the playing of—

(a) a casino game;

(b) another game of chance.

Bingo operating licence

91

(1) Regulations under section 78 may provide for the attachment to a bingo operating licence of a condition—

(a) limiting amounts that may be staked;

(b) limiting the amount that may be charged by way of participation fee;

(d) requiring that at least a specified proportion of stakes be paid out by way of prizes;

(e) imposing requirements that are specific to games of bingo played on more than one set of premises (whether facilities for the game are provided in accordance with one bingo operating licence or more than one).

(2) But subject to subsection (1) a bingo operating licence may not be subject to a condition—

(a) limiting the amount that may be accepted or charged by way of stakes,

(b) limiting the amount that may be charged by way of participation fee,

(d) controlling the proportion of stakes paid out by way of prizes,

(e) preventing the provision of prizes funded other than out of stakes,

(f) preventing or limiting an arrangement whereby the fact that a prize is not won or claimed in one game of bingo increases the value of the prizes available in another game of bingo,

(g) requiring a game of bingo to be played entirely on one set of premises, or

(h) imposing requirements that are specific to games of bingo played on more than one set of premises (whether facilities for the game are provided in accordance with one bingo operating licence or more than one).

(3) Regulations by virtue of subsection (1)(b) may, in particular, make different provision for different kinds of fee.

(4) Provision made by virtue of subsection (1)(c) may define a class of prize—

(a) by reference to a game or a number of games,

(b) by reference to a period of time, or

General betting operating licence

92

(1) A general betting operating licence shall, by virtue of this section, be subject to the condition that bets may be accepted on behalf of the licensee only by—

(a) the licensee,

(b) a person employed by the licensee under a written contract of employment, or

(2) A general betting operating licence shall, by virtue of this subsection, contain an implied term permitting the use of postal services for the making of bets.

(3) The effect of the term implied by subsection (2) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

Pool betting operating licence

93

(1) A pool betting operating licence shall, by virtue of this section, be subject to the condition that bets may be accepted on behalf of the licensee only—

(a) by the licensee,

(b) by a person employed by the licensee under a written contract of employment,

(d) in accordance with subsection (2) or (3).

(2) A bet is accepted by a person (“the agent”) on behalf of a licensee in accordance with this subsection if—

(a) the agent is authorised by the licensee in writing to accept bets on behalf of the licensee,

(b) the agent is an adult,

(d) the bet is accepted in reliance on an occasional use notice, and

(e) the bet is in connection with a horse-race or a dog race.

(3) The holder of a pool betting operating licence that authorises (whether expressly or impliedly) the provision of facilities for football pools may in writing authorise an adult or young person—

(a) to make documents or other facilities available in connection with the licensed activities;

(b) to receive entries on behalf of the licensee;

(d) to make payments of winnings on behalf of the licensee.

(4) An authorisation under subsection (3)—

(a) shall be treated for the purposes of section 33 as if it were a pool betting operating licence, but

(b) shall have no effect in relation to any activity, entry or payment that relates partly to a football pool and partly to another form of gambling.

(5) An authorisation under subsection (3) may be issued on terms and conditions which may, in particular, include—

(a) provision for payment by the person issuing the authorisation;

(b) provision for commission.

(6) A condition of a pool betting operating licence (whether attached by virtue of section 75, 77 or 78) may make provision regulating or restricting the activities of persons authorised under subsection (3).

(7) A pool betting operating licence shall, by virtue of this subsection, contain an implied term permitting the use of postal services for the making of bets.

(8) The effect of the term implied by subsection (7) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

(9) The Secretary of State may by order—

(a) amend or repeal subsection (2)(e);

(b) amend subsection (3) so as to permit authorisation in relation to betting of a specified kind that relates to a sport but is not a football pool.

Horse-race pool betting operating licence

94

(1) This section applies to a pool betting operating licence which provides for this section to apply.

(2) The holder of a licence to which this section applies may in writing authorise a person to provide facilities for horse-race pool betting.

(3) An authorisation under subsection (2) shall be treated for the purposes of section 33 as if it were a pool betting operating licence authorising the provision of facilities for horse-race pool betting.

(4) An authorisation under subsection (2) may be issued on terms and conditions which may, in particular, include—

(a) provision for payment to or by the person issuing the authorisation;

(b) provision for agency or commission.

(5) A condition of a pool betting operating licence to which this section applies (whether attached by virtue of section 75, 77 or 78) may make provision regulating or restricting the activities of persons authorised under subsection (2).

(6) A pool betting operating licence to which this section applies shall, by virtue of this subsection, contain an implied term permitting the use of postal services for the making of bets.

(7) The effect of the term implied by subsection (6) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

(8) The Secretary of State may by order repeal this section.

Betting on the National Lottery

95

(1) This section applies to—

(a) a general betting operating licence,

(b) a pool betting operating licence, and

(2) A licence to which this section applies shall, by virtue of this subsection, be subject to the condition that nothing may be done in reliance on the licence in relation to a bet on the outcome of a lottery which forms part of the National Lottery.

Gaming machine technical operating licence: standards

96

(1) The Commission may establish, or provide for the establishment of, standards in respect of the manufacture, supply, installation, adaptation, maintenance or repair of gaming machines or parts of gaming machines.

(2) Standards under subsection (1)—

(a) may operate by reference to regulations under Part 10, and

(b) may not make provision which is inconsistent with a provision of regulations under Part 10.

(3) Standards under subsection (1) may, in particular, make provision (which may include provision designed to discourage repetitive play or to protect children or other vulnerable persons from harm) about—

(a) the nature of a game that a machine is designed to be used to play;

(b) the way in which the results of a game are to be determined or presented;

(4) In particular, the Commission may—

(a) provide for the enforcement of standards by the attachment of conditions under section 75 or 77;

(b) make arrangements with any person for the establishment of standards;

(d) for the purpose of considering whether a condition under section 75 or 77 has been complied with, require the holder of a gaming machine technical operating licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test;

(e) for the purpose of considering whether to grant an application under this Part, require the holder of or an applicant for a gaming machine technical operating licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test.

(5) Standards established under subsection (1) may, in particular, be expressed—

(a) by reference to the opinion of a specified person or class of persons;

(b) by reference to a specified process or class of machine.

(6) This section is without prejudice to the generality of sections 75, 77 and 78.

Gambling software operating licence: standards

97

(1) The Commission may establish, or provide for the establishment of, standards in respect of the manufacture, supply, installation or adaptation of gambling software.

(2) In particular, the Commission may—

(a) provide for the enforcement of standards by the attachment of conditions under section 75 or 77;

(b) make arrangements with any person for the establishment of standards;

(d) for the purpose of considering whether a condition under section 75 or 77 has been complied with, require the holder of a gambling software operating licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test;

(e) for the purpose of considering whether to grant an application under this Part, require the holder of or an applicant for a gambling software operating licence—

(i) to submit to a test in accordance with arrangements made under paragraph (c) above, and

(ii) to produce specified evidence of the result of the test.

(3) Standards established under subsection (1) may, in particular, be expressed—

(a) by reference to the opinion of a specified person or class of persons;

(b) by reference to a specified process or description of software.

(4) This section is without prejudice to the generality of sections 75, 77 and 78.

Lottery operating licences

98

(1) A lottery operating licence may be issued only to—

(a) a non-commercial society,

(b) a local authority, or

(2) A lottery operating licence may authorise—

(a) promotion generally or only specified promoting activities;

(b) the promotion of lotteries generally or only the promotion of lotteries of a specified kind or in specified circumstances;

(3) In issuing a lottery operating licence to a society or authority the Commission—

(a) may attach a condition under section 75 or 77 requiring that the society or authority ensure that all the arrangements for the lottery are made by the holder of a lottery manager's operating licence, and

(b) may, if they attach a condition under paragraph (a), issue the lottery licence to the society or authority without consideration of the matters specified in section 70(1)(b).

(4) A lottery operating licence shall, by virtue of this subsection, permit the delivery of lottery tickets by post.

(5) The effect of the term implied by subsection (4) may not be disapplied or restricted by a condition attached under section 75, 77 or 78.

(6) In issuing a lottery operating licence the Commission may attach a condition under section 75 or 77 preventing, restricting or controlling the use of a rollover.

(7) In this section “local authority” means—

(a) in relation to England—

(i) a district council,

(ii) a county council,

(iii) a parish council,

(iv) a London borough council,

(v) the Common Council of the City of London, and

(vi) the Council of the Isles of Scilly,

(b) in relation to Wales—

(i) a county council,

(ii) a county borough council, and

(iii) a community council, and

(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

Mandatory conditions of lottery operating licence

99

(1) In issuing a lottery operating licence to a non-commercial society or to a local authority the Commission shall attach conditions under section 75 or 77 for the purpose of achieving the requirements specified in this section.

(2) The first requirement is that at least 20% of the proceeds of any lottery promoted in reliance on the licence are applied—

(a) in the case of a licence issued to a non-commercial society, to a purpose for which the promoting society is conducted, and

(b) in the case of a licence issued to a local authority, for a purpose for which the authority has power to incur expenditure.

(3) The second requirement is that—

(a) the proceeds of any lottery promoted in reliance on the licence may not exceed £5,000,000, and

(b) the aggregate of the proceeds of lotteries promoted wholly or partly in a calendar year in reliance on the licence may not exceed £50,000,000.

(4) The third requirement is that it must not be possible for the purchaser of a ticket in a lottery promoted in reliance on the licence to win by virtue of that ticket (whether in money, money's worth, or partly the one and partly the other) more than—

(a) £25,000, or

(b) if more, 10% of the proceeds of the lottery;

and any rollover must comply with this subsection.

(5) The fourth requirement is that where a person purchases a lottery ticket in a lottery promoted by a non-commercial society in reliance on the licence he receives a document which—

(a) identifies the promoting society,

(b) states the name and address of a member of the society who is designated, by persons acting on behalf of the society, as having responsibility within the society for the promotion of the lottery, and

(i) states the date of the draw (or each draw) in the lottery, or

(ii) enables the date of the draw (or each draw) in the lottery to be determined.

(6) The fifth requirement is that the price payable for purchasing each ticket in a lottery promoted in reliance on the licence—

(a) must be the same,

(b) must be shown on the ticket or in a document received by the purchaser, and

(c) must be paid to the promoter of the lottery before any person is given a ticket or any right in respect of membership of the class among whom prizes are to be allocated.

(7) For the purpose of subsections (5) and (6) a reference to a person receiving a document includes, in particular, a reference to a message being sent or displayed to him electronically in a manner which enables him, without incurring significant expense or delay, to—

(a) retain the message electronically, or

(b) print it.

(8) The sixth requirement is that membership of the class among whom prizes in any lottery promoted in reliance on the licence are allocated may not be dependent on making any payment (apart from payment of the price of a ticket).

(9) Where—

(a) conditions are attached to a lottery operating licence in accordance with this section, and

(b) the lottery operating licence is also subject to a condition under section 98(3)(a) requiring arrangements for the lottery to be made by the holder of a lottery manager's operating licence,

the conditions specified in paragraph (a) above shall, by virtue of this subsection, attach to the lottery manager's operating licence in so far as it is relied upon in pursuance of the condition specified in paragraph (b) above.

(10) Nothing in this section prevents the Commission from attaching a condition to a lottery operating licence of a kind similar to but more onerous than a requirement of this section.

(11) The Secretary of State may by order vary a monetary amount or a percentage in this section.

Maintenance

Annual fee

100

(1) The holder of an operating licence—

(a) shall pay a first annual fee to the Commission within such period after the issue of the licence as may be prescribed, and

(b) shall pay an annual fee to the Commission before each anniversary of the issue of the licence.

(2) In this section—

“annual fee” means a fee of such amount as may be prescribed, and

“prescribed” means prescribed by the Secretary of State by regulations.

(3) Regulations under this section may, in particular, make different provision for—

(a) different kinds of operating licence, or

(b) different circumstances.

(4) Subsection (1)(b) does not apply in relation to an anniversary of the issue of a licence on or immediately before which the licence ceases to have effect by virtue of section 111.

Change of circumstance

101

(1) The Secretary of State may make regulations requiring the holder of an operating licence—

(a) to notify the Commission of any change of circumstance of a prescribed kind in relation to him or to a licensed activity, and

(b) to give the Commission prescribed details of the change.

(2) If a change of circumstance notified under subsection (1) falsifies information contained in the operating licence in accordance with section 66 the notification must be accompanied by—

(a) the prescribed fee, and

(b) either—

(i) the licence, or

(ii) an application to the Commission for the issue of a copy of the licence under section 107.

(3) Where notification is accompanied by the licence, the Commission shall—

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

(b) return the licence to the licensee.

(4) Where the notification is accompanied by an application for a copy of the licence, the Commission shall, if it grants the application, issue the copy in a form which appears to the Commission to reflect the change in circumstance.

(5) In this section “prescribed” means prescribed by regulations under this section.

(6) The holder of an operating licence commits an offence if he fails without reasonable excuse to comply with regulations 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 Commission of a specified change of circumstance by way of the attachment of a condition to an operating licence.

Change of corporate control

102

(1) This section applies where the holder of an operating licence is a company limited by shares (“the company”).

(2) If a person becomes a controller of the company (“the new controller”), within the meaning of section 422 of the Financial Services and Markets Act 2000 (c. 8), the company shall inform the Commission and either—

(a) surrender the operating licence under section 113, or

(b) apply to the Commission under this section for a determination that the operating licence shall continue to have effect.

(3) An application under subsection (2)(b) must be accompanied by such information as the Commission may direct about—

(a) the new controller,

(b) his interest in the company, and

(c) his interest in any company of which the company is a subsidiary (within the meaning of section 1159 of the Companies Act 2006).

(4) On considering an application under section (2)(b) the Commission shall—

(a) make the determination sought, if satisfied that the Commission would have granted the operating licence to the licensee had the new controller been a controller of the company when the application for the operating licence was made, and

(b) otherwise, revoke the operating licence.

(5) If the Commission becomes aware that a company has failed to comply with the duty under subsection (2) within the period of five weeks beginning with the day on which the duty began to apply to the company, the Commission shall revoke the relevant operating licence.

(6) But the Commission may extend the period under subsection (5)—

(a) before it expires, or

(b) after it expires (if the relevant operating licence has not yet been revoked).

Section 102: supplemental

103

(1) The Secretary of State may by regulations provide for section 102 not to apply to the holder of a specified description of operating licence.

(2) An application under section 102(2)(b) must be accompanied by the prescribed fee.

(3) An application may be made under section 102(2)(b) in respect of a person who is expected to become a controller of a company.

(4) The Commission shall as soon as is reasonably practicable inform an applicant under section 102(2)(b) of—

(a) the Commission's decision, and

(b) the reasons for it.

(5) In giving a direction under section 102(3) the Commission shall have regard to normal commercial practices in relation to the confidentiality of information.

(6) Regulations under subsection (2) above may, in particular, provide for a reduction of fee where the application is a result of—

(a) the merger of more than one company, or

(b) the division of a company.

(7) Revocation of an operating licence under section 102 shall be treated for all purposes (including the application of section 119) as revocation under section 119.

Application to vary licence

104

(1) The holder of an operating licence may apply to the Commission to vary the licence by—

(a) adding, amending or removing a licensed activity,

(b) amending another detail of the licence, or

(2) A licence may not be varied under this section so as to authorise anyone other than the person to whom it was issued to provide facilities for gambling.

(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 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 an operating 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 an operating 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 69) be accompanied by—

(a) a statement of the variation sought, and

(b) either—

(i) the licence to be varied, or

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

(6) In granting an application for variation the Commission—

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

(b) may make transitional provision.

Amendment

105

(1) The Commission may require the holder of an operating licence to submit it to the Commission for the purpose of amendment to reflect—

(a) a general variation of conditions under section 75,

(b) a change notified under section 101,

(d) the attachment of an additional condition, or the amendment of a condition, under section 117,

(e) the grant of an application for renewal under section 112, or

(f) anything done in relation to a personal licence under Part 6.

(2) A licensee shall comply with a requirement under subsection (1) within the period of 14 days beginning with the day on which he receives notice of the requirement.

(3) A person commits an offence if he fails without reasonable excuse to comply with a requirement imposed under subsection (1).

(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) Subsection (1)(a) is without prejudice to section 76(4)(c).

Register of operating licences

106

(1) The Commission shall—

(a) maintain a register of operating licences containing such details of and relating to each licence as the Commission thinks appropriate,

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

(2) The Commission may refuse to provide access to the register or to provide a copy of an entry unless the person seeking access or a copy pays a fee specified by the Commission.

(3) The Commission may not specify a fee under subsection (2) which exceeds the reasonable cost of providing the service sought (but in calculating the cost of providing a service to a person the Commission may include a reasonable share of expenditure which is referable only indirectly to the provision of that service).

Copy of licence

107

(1) The Commission may make arrangements to issue to a licensee on request a copy of an operating licence which has been lost, stolen or damaged.

(2) The arrangements may, in particular, include a requirement—

(a) for the payment of a fee not exceeding such sum as may be prescribed for the purposes of this subsection by the Secretary of State by regulations;

(b) in the case of a licence being lost or stolen, that the licensee has complied with specified arrangements for reporting the loss or theft to the police.

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

Production of licence

108

(1) A constable or enforcement officer may require the holder of an operating licence to produce it to the constable or enforcement officer within a specified period.

(2) A licensee commits an offence if he fails without reasonable excuse to comply with a requirement under subsection (1).

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

Conviction

109

(1) If the holder of an operating licence is convicted of an offence by or before a court in Great Britain he shall as soon as is reasonably practicable notify the Commission of—

(a) his conviction, and

(b) any sentence passed in respect of it.

(2) If the holder of an operating licence is convicted of a relevant offence by or before a court in Great Britain he shall immediately inform the court that he is the holder of an operating licence.

(3) If the holder of an operating licence is convicted of a relevant offence by or before a court outside Great Britain he shall as soon as is reasonably practicable notify the Commission of—

(a) his conviction, and

(b) any sentence passed in respect of it.

(4) A person commits an offence if he fails without reasonable excuse to comply with any of subsections (1) to (3).

(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Duration

Indefinite duration

110

An operating licence shall continue to have effect unless and until it ceases to have effect in accordance with—

(a) a determination under section 111, or

(b) section 113, 114, 115, 118 or 119.

Power to limit duration

111

(1) The Commission may determine that operating licences, or a specified class of operating licence, shall cease to have effect at the end of a specified period (unless terminated earlier in accordance with section 113, 114, 115 or 119).

(2) The period specified under subsection (1)—

(a) in the case of an operating licence issued after the determination, must begin with the date on which the licence is issued, and

(b) in the case of an operating licence issued before the determination, must begin with the date of the determination.

(3) The Commission—

(a) may determine different periods under subsection (1) for operating licences authorising different classes of activity (but may not otherwise determine different periods for different licences),

(b) may alter a determination under subsection (1) (but an alteration shall have effect only in relation to licences issued after the alteration), and

(c) may revoke a determination under subsection (1) (in which case the determination shall cease to have effect in relation to licences already issued).

(4) The Commission shall publish any determination under subsection (1) as part of a statement (or revised statement) under section 23.

Renewal of licence

112

(1) Where an operating licence is subject to a determination under section 111, the licensee may apply to the Commission for renewal of the licence.

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

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

(b) with any other necessary modifications.

(3) An application for renewal of an operating licence may be made only during the period which—

(a) begins three months before the date on which the licence would otherwise expire by virtue of section 111, and

(b) ends one month before the date on which the licence would otherwise expire by virtue of that section.

(4) Where an application for renewal of an operating licence is awaiting determination on the date when it would expire by virtue of section 111, the licence shall continue to have effect by virtue of this subsection until the application is determined (unless it ceases to have effect by virtue of section 113, 114, 115, 118 or 119).

(5) A direction or regulations under this Part which relate to an application for an operating licence may make—

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

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

(c) different provision in relation to an application for renewal from that made in relation to an application for an operating licence.

(6) An application for renewal must (in addition to anything required by section 69) be accompanied by—

(a) the licence to be renewed, or

(b) a statement explaining why it is not reasonably practicable to submit the licence to be renewed.

(7) The Commission shall determine the period during which a renewed operating licence is to have effect (subject to sections 113, 114, 115, 118 and 119); and the Commission—

(a) may determine different periods for operating licences authorising different classes of activity (but may not otherwise determine different periods for different licences),

(b) may alter a determination (but an alteration shall have effect only in relation to licences issued after the alteration), and

(c) shall publish any determination under this subsection as part of a statement (or revised statement) under section 23.

(8) The Secretary of State may by order amend subsection (3) so as to substitute a different time for a time specified.

Surrender

113

An operating licence shall cease to have effect if the licensee—

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

(b) gives the Commission either—

(i) the licence, or

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

Lapse

114

(1) In the case of an operating licence issued to an individual, the licence shall lapse if—

(a) the licensee dies,

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

(c) the licensee becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), or a debt relief order is made in respect of the licensee (under Part 7A of the Insolvency Act 1986), or

(d) sequestration of the licensee's estate is awarded under section 22(1) of the Bankruptcy (Scotland) Act 2016 .

(2) In any other case an operating 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).

Forfeiture

115

(1) Where the holder of an operating licence is convicted of a relevant offence by or before a court in Great Britain the court may order forfeiture of the licence.

(2) Forfeiture under this section 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 subsection (2), an operating licence shall cease to have effect on the making of a forfeiture order under subsection (1).

(4) The terms on which a forfeiture order is made under this section shall, in particular, include a requirement that the licensee deliver to the Commission, within such time as the order may specify—

(a) the licence, or

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

(5) As soon as is reasonably practicable after making an order for forfeiture under this section the court shall notify the Commission.

Regulation

Review

116

(1) The Commission may in relation to operating licences of a particular description review—

(a) the manner in which licensees carry on licensed activities, and

(b) in particular, arrangements made by licensees to ensure compliance with conditions attached under section 75, 77 or 78.

(2) The Commission may review any matter connected with the provision of facilities for gambling as authorised by an operating licence if the Commission—

(a) has reason to suspect that activities may have been carried on in purported reliance on the licence but not in accordance with a condition of the licence,

(b) believes that the licensee, or a person who exercises a function in connection with or is interested in the licensed activities, has acquired a conviction of a kind mentioned in section 71(1), or

(i) suspects that the licensee may be unsuitable to carry on the licensed activities, or

(ii) thinks that a review would be appropriate.

(3) For the purposes of subsection (2)(c) a reason—

(a) may, in particular, relate to the receipt of a complaint about the licensee's activities;

(b) need not relate to any suspicion or belief about the licensee's activities.

(4) Before commencing a review of an operating licence under subsection (2) the Commission shall—

(a) notify the licensee, and

(b) inform him of the procedure to be followed in the conduct of the review.

(5) In conducting a review of an operating licence under subsection (2) the Commission—

(a) shall give the licensee an opportunity to make representations, and

(b) may give other persons an opportunity to make representations.

Regulatory powers

117

(1) Following a review under section 116(1) or (2) the Commission may—

(a) give the holder of an operating licence a warning;

(b) attach an additional condition to a licence under section 77;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) exercise the power under section 118 to suspend a licence;

(f) exercise the power under section 119 to revoke a licence;

(g) exercise the power under section 121 to impose a penalty.

(2) Where the Commission determines to take action under subsection (1) in respect of a licence it shall as soon as is reasonably practicable notify the licensee of—

(a) the action, and

(b) the Commission's reasons.

(3) In determining what action to take under subsection (1) following a review the Commission may have regard to a warning under that subsection given to the licensee following an earlier review (whether or not of that licence).

Suspension

118

(1) The Commission may suspend an operating licence if following a review under section 116(1) or (2) the Commission thinks that any of the conditions specified in section 120(1) applies.

(2) The Commission may suspend an operating licence if at the time of deciding to conduct a review under section 116(1) or (2), or at any time during the course of a review, the Commission suspects that any of the conditions specified in section 120(1) may apply.

(3) The Commission may suspend an operating licence if it thinks that any of the conditions specified in section 120(2) applies.

(3A) The Commission must suspend an operating licence if directed to do so under paragraph 3 of Schedule 27 to the Finance Act 2014.

(4) Where the Commission suspends an operating licence it—

(a) shall specify the time when the suspension takes effect,

(b) shall specify either—

(i) a period for which the suspension shall last (which is without prejudice to the re-exercise of the power under subsection (1) on or after the expiry of that period), or

(ii) that the suspension shall last until some specified event occurs (which may be the giving of a notice by the Commission), and

(c) may make saving or transitional provision (which may, in particular, provide for a licence to continue to have effect in relation to a gaming machine supplied, or another thing done, before the time when the suspension takes effect for other purposes).

(5) An operating licence shall have no effect in respect of anything done while it is suspended under this section.

Revocation

119

(1) The Commission may revoke an operating licence if following a review under section 116(1) or (2) the Commission thinks that any of the conditions specified in section 120(1) applies.

(2) The Commission may revoke an operating licence if it thinks that any of the conditions specified in section 120(2) applies.

(3) The Commission shall revoke an operating licence if the licensee fails to pay the annual fee in accordance with section 100; but the Commission may disapply this subsection if it thinks that a failure to pay is attributable to administrative error.

(3A) The Commission must revoke an operating licence if directed to do so under paragraph 6 of Schedule 27 to the Finance Act 2014.

(4) Where the Commission revokes an operating licence it—

(a) shall specify the time when the revocation takes effect, and

(b) may make saving or transitional provision (which may, in particular, provide for a licence to continue to have effect in relation to a gaming machine supplied, or another thing done, before the time when the revocation takes effect for other purposes).

Conditions for suspension or revocation

120

(1) The conditions referred to in sections 118(1) and (2) and 119(1) are—

(a) that a licensed activity is being or has been carried on in a manner which is inconsistent with the licensing objectives,

(b) that a condition of the licence has been breached,

(d) that the licensee is unsuitable to carry on the licensed activities.

(2) The conditions referred to in sections 118(3) and 119(2) are—

(a) that the licensee has failed to comply with a requirement of regulations under section 101, or

(b) that the licensee has failed to submit the licence to the Commission for amendment in accordance with section 105.

(3) In considering a licensee's suitability for the purpose of subsection (1)(d) the Commission may, in particular, have regard to—

(a) the integrity of the licensee or of any person who exercises a function in connection with or is interested in the licensed activities;

(b) the competence of the licensee, or of any person who exercises a function in connection with the licensed activities, to carry on the licensed activities in a manner consistent with pursuit of the licensing objectives;

(c) the financial and other circumstances of the licensee or of any person who exercises a function in connection with or is interested in the licensed activities (and, in particular, the resources available for the purpose of carrying on the licensed activities).

Financial penalty

121

(1) The Commission may require the holder of an operating licence to pay a penalty if the Commission thinks that a condition of the licence has been breached.

(2) Before imposing a requirement on a licensee to pay a penalty under this section the Commission must notify him—

(a) that the Commission proposes to require him to pay a penalty,

(b) of the amount of the proposed penalty,

(d) of a period within which he may make representations to the Commission.

(3) The Commission may not give a notice under subsection (2) in respect of the breach of a condition after the end of the period of two years beginning with—

(a) the day on which the breach occurred or began to occur, or

(b) if later, the day on which the breach came to the knowledge of the Commission.

(4) After the end of the period specified under subsection (2)(d) the Commission may give the licensee a notice requiring him to pay a penalty under this section.

(5) A penalty imposed by notice under subsection (4)—

(a) shall be payable by the licensee to the Commission,

(b) may be enforced as if it were a debt owed by the licensee to the Commission, and

(c) on receipt by the Commission shall be paid into the Consolidated Fund after deduction of a sum which represents the direct costs to the Commission of, and a reasonable share of expenditure by the Commission which is indirectly referable to—

(i) the investigation by the Commission of the matter in respect of which the penalty is imposed (whether by review under section 116 or otherwise), or

(ii) the imposition and enforcement of the penalty.

(6) The Commission shall—

(a) prepare a statement setting out the principles to be applied by the Commission in exercising the powers under this section,

(b) review the statement from time to time,

(d) as soon as is reasonably practicable—

(i) send the statement and any revision to the Secretary of State, and

(ii) publish the statement and any revision, and

(e) have regard to the statement when exercising a power under this section.

(7) The statement maintained under subsection (6) must, in particular, require the Commission in considering the imposition of a penalty under this section or the amount of a penalty to have regard, in particular, to—

(a) the seriousness of the breach of condition in respect of which the penalty is proposed,

(b) whether or not the licensee knew or ought to have known of the breach, and

(8) Before preparing or revising a statement under subsection (6) the Commission shall consult—

(a) the Secretary of State,

(b) the Lord Chancellor, and

Information

122

(1) The holder of an operating licence shall comply with a request of the Commission to—

(a) produce a written or electronic record relating to the licensed activities;

(b) provide a copy of a written or electronic record relating to the licensed activities;

(2) A request under subsection (1) may specify—

(a) the form and manner in which a record or information is to be produced or provided;

(b) the period within which a record or information is to be produced or provided.

(3) The Commission may retain anything provided under subsection (1).

(4) The Commission may exercise a power under this section only for the purpose of—

(a) determining whether activities have been carried on in purported reliance on the licence but not in accordance with a condition of the licence, or

(b) determining the suitability of the licensee to carry on the licensed activities.

(5) A person commits an offence if he fails without reasonable excuse to comply with subsection (1).

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

General

Levy

123

(1) The Secretary of State may make regulations requiring holders of operating licences to pay an annual levy to the Commission.

(2) The regulations shall, in particular, make provision for—

(a) the amount of the levy;

(b) timing of payment of the levy.

(3) The regulations may, in particular, make provision—

(a) determining the amount of the levy by reference to a percentage of specified receipts of an operating licence holder,

(b) determining the amount of the levy by reference to a percentage of specified profits of an operating licence holder,

(d) providing for the determination of the amount of the levy according to a specified formula, or

(e) providing for the determination of the amount of the levy in some other way.

(4) Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if it were due by way of annual fee under section 100.

(5) The Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to—

(a) addiction to gambling,

(b) other forms of harm or exploitation associated with gambling, or

(6) In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest).

(7) The Secretary of State shall consult the Commission before making regulations under this section.

Directions and requirements

124

Where the Commission has power under this Part to give a direction or impose a requirement it may give different directions or impose different requirements in relation to different cases or circumstances.

Relevant offence: disapplication of rehabilitation

125

Section 4 of the Rehabilitation of Offenders Act 1974 (c. 53) (effect of rehabilitation) shall not apply for the purposes of or in connection with—

(a) section 69(2)(d), or

(b) section 71(1).

Interpretation

126

(1) In this Part—

“conviction”—has the meaning given by section 1(4) of the Rehabilitation of Offenders Act 1974, andincludes, to the extent required by section 125, a spent conviction within the meaning of that Act,

“holder”, in relation to an operating licence, means the person to whom the licence is issued,

“the licensed activities” in relation to an operating licence means the activities which it authorises, and

“licensee”, in relation to an operating licence, means the person to whom the licence is issued.

(2) In this Act “relevant offence” means—

(a) an offence listed in Schedule 7, and

(b) an offence under the law of a country or territory outside the United Kingdom (a “foreign offence”) which prohibits a kind of activity prohibited by an offence listed in that Schedule (a “domestic offence”).

(3) For the purpose of subsection (2)(b) it is immaterial—

(a) whether or not the foreign offence prohibits all the kinds of activity prohibited by the domestic offence, and

(b) whether or not the foreign offence prohibits kinds of activity not prohibited by the domestic offence.

Part 6 — Personal Licences

Nature of personal licence

127

(1) For the purposes of this Act a “personal licence” is a licence which authorises an individual to perform the functions of a specified management office, or to perform a specified operational function, in connection with—

(a) the provision of facilities for gambling, or

(b) a person who provides facilities for gambling.

(2) In this section “management office” and “operational function” have the same meaning as in section 80.

Application of provisions of Part 5

128

(1) The provisions of Part 5 (other than section 65(2), (4) and (5)) shall apply to a personal licence as they apply to an operating licence, with—

(a) the modifications and exclusions specified in this Part,

(b) such modifications and exclusions as the Secretary of State may specify by regulations, and

(2) Regulations under a provision of Part 5—

(a) may make different provision for purposes of this Part and for purposes of that Part, and

(b) in making provision for purposes of this Part, may make different provision in relation to personal licences authorising—

(i) the performance of different kinds of function, or

(ii) the performance of functions in different circumstances.

Exemption for small-scale operators

129

(1) A condition may not be attached to an operating licence under section 75, 77 or 78 requiring possession of a personal licence if the licensee is a small-scale operator.

(2) In this section “small-scale operator” shall have such meaning as the Secretary of State may prescribe by regulations.

(3) Regulations under subsection (2) may, in particular, make provision by reference to—

(a) the size or value of business carried on, or expected to be carried on, in reliance on an operating licence;

(b) the number of persons employed, or expected to be employed, by the licensee.

(4) A constable or enforcement officer may under section 108(1) require a small-scale operator to produce his operating licence—

(a) within a specified period, or

(b) while the operator is carrying on a licensed activity, immediately.

Application

130

(1) A direction under section 69(2)(c) or (f) (as applied by section 128) may, in particular, require that an application—

(a) be signed by the applicant's employer;

(b) contain or be accompanied by information provided by the applicant's employer or relating to his employment.

(2) The Commission may under section 73(1)(a) (as applied by section 128) require an applicant to obtain information from his employer.

(3) For the purposes of this section a reference to an applicant's employer is a reference to any person for whom the applicant, in the course of a business (but whether or not under a contract of employment)—

(a) provides services,

(b) has provided services, or

(4) Neither this section nor any other provision of this Act shall be treated as preventing a person who is not employed from applying for a personal licence.

Duration

131

A personal licence shall continue to have effect unless and until it ceases to have effect in accordance with section 113, 114, 115 or 119 (as applied by section 128).

Fees

132

(1) Section 100 shall not have effect in relation to personal licences.

(2) The Secretary of State may make regulations requiring the holder of a personal licence to pay to the Commission specified fees in respect of specified periods during which the licence is held.

(3) Regulations under this section may, in particular, make different provision for—

(a) different kinds of licence, or

(b) different circumstances.

(4) In its application to this part by virtue of section 128, the reference in section 119(3) to failure to pay an annual fee shall be construed as a reference to failure to comply with regulations under this section.

Multiple licences

133

(1) The Commission may not issue a personal licence to an individual who already holds one.

(2) But a personal licence may authorise the performance of more than one function.

Production of licence

134

(1) A constable or enforcement officer may under section 108 (as applied by section 128) require the individual who holds a personal licence to produce the licence—

(a) within a specified period,

(b) while the individual is carrying on a licensed activity, immediately, or

(2) A licensee commits an offence if he fails without reasonable excuse to comply with a requirement under subsection (1).

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

Review

135

Section 116(1) shall not apply in relation to personal licences.

Disqualification

136

(1) A court which may order the forfeiture of an individual's personal licence under section 115 (as applied by section 128) may, whether or not it makes an order for forfeiture, make an order disqualifying the individual from holding a personal licence for a specified period, not exceeding ten years, beginning with the date of the order.

(2) The Commission shall not issue a personal licence to a person while a disqualification order under this section has effect in respect of him.

(3) Subsections (2) to (5) of section 115 shall have effect in relation to an order under this section (and in relation to a licence held by the person disqualified) as they have effect in relation to an order under that section (and in relation to the licence forfeited).

Notification of operating licensee

137

(1) This section applies where the Commission—

(a) suspends a personal licence under section 118 (as applied by section 128),

(b) revokes a personal licence under section 119 (as applied by section 128),

(c) is informed by a court of the making of a forfeiture order in respect of a personal licence under section 115 (as applied by section 128), or

(d) is informed by a court of the making of a disqualification order under section 136.

(2) If the Commission believes that the holder of the personal licence, or the subject of the disqualification order, is providing services to the holder of an operating licence in connection with the licensed activities, the Commission shall as soon as is reasonably practicable notify the holder of the operating licence of the matter specified in subsection (1).

Conviction

138

(1) This section applies if the holder of a personal licence is convicted of a relevant offence by or before a court (whether inside or outside Great Britain).

(2) The holder of any relevant operating licence shall notify the Commission of the conviction, and of any sentence passed in respect of it, as soon as is reasonably practicable after becoming aware of it.

(3) A person commits an offence if he fails without reasonable excuse to comply with subsection (2).

(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) For the purposes of subsection (2) an operating licence is relevant if the holder of the personal licence acts in connection with activities authorised by the operating licence.

(6) The duty under subsection (2) is in addition to any duty of the holder of the personal licence under section 109 (as applied by section 128).

Breach of personal licence condition

139

(1) This section applies where—

(a) a condition attached to an operating licence includes provision for a personal licence in accordance with section 80,

(b) an individual who holds a personal licence under this Part acts in the course of or in connection with any of the activities authorised by the operating licence, and

(2) The individual commits an offence.

(3) The individual may be proceeded against for the offence under subsection (2) whether or not the holder of the operating licence is proceeded against for an offence under section 33 (by reason of a breach of the condition under section 80).

(4) An individual guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

Part 7 — Operating and Personal Licences: Appeals

The Gambling Appeals Tribunal

140

In this Part “the Tribunal” means the First-tier Tribunal.

Appeal to Tribunal

141

(1) Where the Commission determines an application under section 69 or 112 (including either of those sections as applied by section 128) for the issue or renewal of an operating licence or a personal licence, the applicant may appeal to the Tribunal.

(2) Where the Commission attaches a condition to a licence under section 77 (including that section as applied by section 128) the licensee may appeal to the Tribunal.

(3) Where the Commission determines an application under section 102(2)(b) the applicant may appeal to the Tribunal.

(4) Where the Commission determines an application under section 104 (including that section as applied by section 128) the applicant may appeal to the Tribunal.

(5) Where the Commission gives a notice under section 114(1)(b) (including that section as applied by section 128) the licensee may appeal to the Tribunal.

(6) Where the Commission takes action, or determines to take action, under section 117 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal.

(7) Where the Commission takes action, or determines to take action, under section 118 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal.

(8) Where the Commission takes action, or determines to take action, under section 119 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal.

(9) Where the Commission gives a notice imposing a penalty on a licensee under section 121(4) (including that section as applied by section 128) the licensee may appeal to the Tribunal.

Timing

142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from Tribunal

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Tribunal

144

(1) On an appeal under section 141 against a decision or action taken by the Commission the Tribunal may—

(a) affirm the Commission's decision or action;

(b) quash the Commission's decision or action in whole or in part;

(c) substitute for all or part of the Commission's decision or action another decision or action of a kind that the Commission could have taken;

(d) add to the Commission's decision or action a decision or action of a kind that the Commission could have taken;

(e) remit a matter to the Commission (generally, or for determination in accordance with a finding made or direction given by the Tribunal);

(f) reinstate a lapsed or revoked licence.

(2) In determining an appeal instituted out of time under Tribunal Procedure Rules or following a direction under section 145(2) the Tribunal may, in addition to the matters specified in subsection (1) above, make any order that it thinks appropriate.

(3) In determining an appeal the Tribunal shall have regard to any relevant provision of a code of practice issued by the Commission under section 24.

(4) In determining an appeal the Tribunal may take account of evidence which was not available to the Commission.

(5) Section 141 applies to a decision or action of the Commission following remittal under subsection (1)(e) above.

Stay pending appeal

145

(1) A decision or other action under Part 5 or 6 shall have no effect while an appeal under section 141—

(a) could be brought (ignoring the possibility of an appeal out of time under Tribunal Procedure Rules ), or

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

(2) But when making a decision or taking other action under Part 5 or 6 the Commission may direct that subsection (1) shall not apply.

Rules

146

(1) Tribunal Procedure Rules may make provision—

(a) regulating the exercise of a right of appeal under this Act to the Tribunal;

(b) for the suspension by the Tribunal of decisions of the Commission (whether or not they have already taken effect).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of proceedings before the Tribunal under this Act, Tribunal Procedure Rules may provide—

(a) that a person commits an offence if without reasonable excuse he fails to comply with a requirement of a specified kind imposed by or in accordance with the rules, and

(b) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Fees

147

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal assistance

148

(1) The Lord Chancellor may by regulations establish a scheme for the provision of legal assistance to appellants to the Tribunal.

(2) Regulations under subsection (1) may, in particular—

(a) specify the kinds of assistance that may be provided;

(b) specify the classes of person by whom assistance may be provided;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) enable the Tribunal to determine eligibility for assistance by reference to criteria specified in the regulations;

(f) make provision for an appeal against refusal of assistance;

(g) enable assistance to be granted subject to conditions or restrictions imposed by the Tribunal (which may, in particular, include conditions requiring—

(i) a person receiving assistance to contribute towards its cost;

(ii) a person who received assistance to defray all or part of its cost in specified circumstances);

(h) enable the Tribunal to vary or revoke a decision that assistance should be provided;

(i) include provision for enforcement of a duty of payment arising under the regulations (which may, in particular, confer jurisdiction on a court).

(3) Regulations under subsection (1) may, in particular, apply generally or only—

(a) in relation to specified kinds of appeal;

(b) in specified circumstances.

(4) The Lord Chancellor shall defray the costs of assistance provided under the scheme (subject to subsection (2)(g)).

(5) Regulations under this section shall have no effect in relation to proceedings heard or to be heard by the Tribunal sitting in Scotland.

Enforcement of costs orders

149

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 8 — Premises Licences

The licence

Nature of licence

150

(1) A premises licence is a licence which states that it authorises premises to be used for—

(a) the operation of a casino (a “casino premises licence”),

(b) the provision of facilities for the playing of bingo (a “bingo premises licence”),

(d) making Category C gaming machines available for use (a “family entertainment centre premises licence”), or

(e) the provision of facilities for betting, whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets (a “betting premises licence”).

(2) A casino premises licence is—

(a) a “regional casino premises licence” if it relates to a regional casino,

(b) a “large casino premises licence” if it relates to a large casino, and

(3) Neither a premises licence nor any provision of this Part disapplies or provides a defence to the offence under section 33.

Form of licence

151

(1) A premises licence must—

(a) specify the name of the person to whom it is issued,

(b) specify a home or business address of that person,

(d) specify the activities for which it authorises the premises to be used,

(e) specify any condition attached by the licensing authority under section 169(1)(a),

(f) specify any exclusion of a default condition effected by the licensing authority under section 169(1)(b),

(g) include a plan of the premises, and

(h) if a period is prescribed under section 191 at the end of which the licence will expire (unless renewed or terminated earlier), specify the period.

(2) The Secretary of State may make regulations about—

(a) the form of a premises licence, and

(b) the content of a premises licence (which may, in particular, require the inclusion of information about mandatory conditions, default conditions or conditions attached to the licence by virtue of a provision of this Part).

(3) In relation to a premises licence issued in Scotland, subsection (2) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

Combined licence, &c.

152

(1) A premises licence—

(a) may not authorise the use of premises for activities of more than one of the kinds specified in section 150(a) to (e) (subject to sections 172 to 174 and subsection (2) below), and

(b) may not be issued in respect of premises if a premises licence already has effect in relation to the premises (subject to subsection (3)).

(2) Subsection (1)(a) does not apply in the case of a track.

(3) More than one premises licence may have effect in relation to a track provided that—

(a) each licence relates to a specified area of the track, and

(b) not more than one premises licence has effect in relation to any area of the track.

(4) If a person applies for a premises licence in respect of an area of a track (“a subsidiary licence”) and a premises licence already has effect in respect of the whole track or a part of the track that includes that area (“the main licence”)—

(a) the application for the subsidiary licence must be accompanied by an application under section 187 to vary the main licence so that it does not have effect in relation to the area to which the subsidiary licence is to relate, and

(b) the application for the subsidiary licence may be granted only after, or together with, the grant of the application for variation.

Licensing authorities' functions

Principles to be applied

153

(1) In exercising their functions under this Part a licensing authority shall aim to permit the use of premises for gambling in so far as the authority think it—

(a) in accordance with any relevant code of practice under section 24,

(b) in accordance with any relevant guidance issued by the Commission under section 25,

(d) in accordance with the statement published by the authority under section 349 (subject to paragraphs (a) to (c)).

(2) In determining whether to grant a premises licence a licensing authority may not have regard to the expected demand for the facilities which it is proposed to provide.

(3) This section is subject to section 166.

Delegation of licensing authority functions: England and Wales

154

(1) The functions under this Part of a licensing authority in England and Wales are by virtue of this subsection delegated to the licensing committee of the authority established under section 6 of the Licensing Act 2003 (c. 17).

(2) But—

(a) a licensing authority's functions under section 166 are not delegated by virtue of subsection (1) and may not be delegated by the authority,

(b) a licensing authority's functions under section 212 are not delegated by virtue of subsection (1) but may be delegated by the authority, and

(c) a licensing authority's function under section 349 is not delegated by virtue of subsection (1) and may not be delegated by the authority.

(3) The following provisions of the Licensing Act 2003 shall apply in relation to a function delegated to a licensing committee by virtue of subsection (1) or (2)(b) as they apply in relation to a function delegated under that Act—

(a) section 7(9) (referral back to licensing authority), and

(b) section 10 (sub-delegation).

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