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

(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

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Appeal from Tribunal

143

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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

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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

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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).

(4) In the application of section 10(4) of that Act (matters not to be delegated to officer) by virtue of subsection (3) above, the following shall be substituted for the list of functions—

(a) determination of an application for a premises licence in respect of which representations have been made under section 161 (and not withdrawn),

(b) determination of an application for the variation of a premises licence in respect of which representations have been made under section 161 as applied by section 187 (and not withdrawn),

(d) determination of an application for a provisional statement under section 204 in respect of which representations have been made under section 161 as applied by section 204 (and not withdrawn), and

(e) a review of a premises licence under section 201.

(5) The provisions of section 9 of that Act and regulations under it apply to proceedings of licensing committees and their sub-committees in relation to the exercise of functions under this Part; and for that purpose regulations may, in particular, make provision which applies—

(a) only in relation to functions under that Act,

(b) only in relation to functions under this Part, or

Delegation of functions under Part 8: Scotland

155

(1) Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of its functions under this Part by–

(a) any member of the authority,

(b) any committee established by the authority,

(d) any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 (asp 16).

(2) A licensing authority are not to make any arrangements under subsection (1)—

(a) in relation to their power under section 166 or their function under section 349, or

(b) for the discharge by the clerk of the authority or any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 of any of the authority's functions mentioned in paragraphs (a) to (e) of section 154(4).

(3) The procedures applicable to the proceedings of licensing boards in the exercise or their functions under the Licensing (Scotland) Act 2005 apply to the proceedings of those boards in the exercise of their functions under this Part: and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies—

(a) only in relation to functions under that Act,

(b) only in relation to functions under this Part, or

Register

156

(1) A licensing authority shall—

(a) maintain a register of premises licences 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 premises licences 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, and

(e) excusing licensing authorities, wholly or partly, from compliance with subsection (1).

Other relevant persons

Responsible authorities

157

For the purposes of this Part the following are responsible authorities in relation to premises—

(a) a licensing authority in England and Wales in whose area the premises are wholly or partly situated,

(b) the Commission,

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

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

(d) the fire and rescue authority for an area in which the premises are wholly or partly situated,

(e) either—

(i) in England and Wales, the local planning authority, in accordance with Part I of the Town and Country Planning Act 1990 (c. 8), for an area in which the premises are wholly or partly situated, or

(ii) in Scotland, the planning authority, in accordance with Part 1 of the Town and Country Planning (Scotland) Act 1997 (c. 8), for an area in which the premises are wholly or partly situated,

(f) the Scottish Fire and Rescue Service,

(g) an authority which has functions by virtue of an enactment in respect of minimising or preventing the risk of pollution of the environment or of harm to human health in an area in which the premises are wholly or partly situated,

(h) a body which is designated in writing for the purposes of this paragraph, by the licensing authority for an area in which the premises are wholly or partly situated, as competent to advise the authority about the protection of children from harm,

(i) Her Majesty's Commissioners of Customs and Excise, and

(j) any other person prescribed for the purposes of this section by regulations made by the Secretary of State.

Interested party

158

For the purposes of this Part a person is an interested party in relation to a premises licence or in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the application is made, the person—

(a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,

(b) has business interests that might be affected by the authorised activities, or

Application for licence

Making of application

159

(1) A person may apply to a licensing authority for a premises licence to be issued to him authorising the use of premises to carry on an activity listed in section 37(1).

(2) An application must be made to a licensing authority in whose area the premises are wholly or partly situated.

(3) An application may be made only by a person who—

(a) holds an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought, or

(b) has made an application, which has not yet been determined, for an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought.

(4) But subsection (3) does not apply to an application for a premises licence which authorises a track to be used for accepting bets (and which does not also, otherwise than by virtue of section 172, authorise it to be used for another purpose).

(5) An application may be made only by a person who has a right to occupy the premises to which the application relates.

(6) An application must—

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

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

(7) Regulations prescribing a matter for the purposes of this section may, in particular, make different provision for—

(a) applications in respect of different classes of activity, or

(b) different circumstances.

(8) In this section “prescribed” means—

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

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

Notice of application

160

(1) The Secretary of State may make regulations requiring an applicant for a premises licence—

(a) to publish notice of his application;

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

(2) Regulations under subsection (1) shall include provision—

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

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

(3) In so far as this section has effect in relation to applications to authorities in Scotland, the reference to the Secretary of State shall have effect as a reference to the Scottish Ministers.

Representations

161

(1) Where an application is made to a licensing authority for a premises licence, an interested party or responsible authority in relation to the premises may make representations in writing to the licensing authority.

(2) Representations under subsection (1) must be made within such period as the Secretary of State shall prescribe by regulations.

(3) In so far as this section has effect in relation to applications to authorities in Scotland, the reference to the Secretary of State shall have effect as a reference to the Scottish Ministers.

Determination of application

Requirement for hearing

162

(1) In determining an application for a premises licence a licensing authority must hold a hearing if—

(a) an interested party or responsible authority has made (and not withdrawn) representations about the application under section 161,

(b) the authority propose to attach a condition to the licence under section 169(1)(a), or

(c) the authority propose to exclude under section 169(1)(b) a condition that would otherwise be attached to the licence under section 168.

(2) But a licensing authority may determine an application for a premises licence without a hearing despite subsection (1) with the consent of—

(a) the applicant, and

(b) any interested party or responsible authority who has made (and not withdrawn) representations about the application under section 161.

(3) A licensing authority may also determine an application for a premises licence without a hearing despite subsection (1)(a) if the authority think that the representations made under section 161—

(a) are vexatious,

(b) are frivolous, or

(4) If a licensing authority propose to determine an application in reliance on subsection (3) they shall as soon as is reasonably practicable notify any person who made representations under section 161.

Determination of application

163

(1) On considering an application for a premises licence (whether at a hearing or not) a licensing authority shall—

(a) grant it, or

(b) reject it.

(2) A licensing authority shall not determine an application for a premises licence made in reliance on section 159(3)(b) until the relevant operating licence has been issued (in a form which authorises the applicant to carry on the activity in respect of which the premises licence is sought).

Grant of application

164

(1) Where a licensing authority grant an application for a premises licence they shall as soon as is reasonably practicable—

(a) give notice of the grant to —

(i) the applicant,

(ii) the Commission,

(iii) any person who made representations about the application under section 161,

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

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

(vi) Her Majesty's Commissioners of Customs and Excise,

(b) issue a premises licence to the applicant, and

(2) A notice under subsection (1)(a)—

(a) must be in the prescribed form,

(b) if the licensing authority have attached a condition to the licence under section 169(1)(a) or excluded under section 169(1)(b) a condition that would otherwise have attached by virtue of section 168, must give the authority's reasons, and

(c) if representations were made about the application under section 161, must give the authority's response to the representations.

(3) In this section “prescribed” means—

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

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

Rejection of application

165

(1) Where a licensing authority reject an application for a premises licence they shall as soon as is reasonably practicable give notice of the rejection to—

(a) the applicant,

(b) the Commission,

(d) either—

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

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

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

(2) A notice under subsection (1)—

(a) must be in the prescribed form, and

(b) must give the authority's reasons for rejecting the application.

(3) In this section “prescribed” means—

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

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

Resolution not to issue casino licences

166

(1) A licensing authority may resolve not to issue casino premises licences.

(2) In passing a resolution under subsection (1) a licensing authority may have regard to any principle or matter.

(3) A resolution under subsection (1)—

(a) must apply to the issue of casino premises licences generally,

(b) must specify the date on which it takes effect,

(d) shall lapse at the end of the period of three years beginning with the date on which it takes effect (without prejudice to the ability to pass a new resolution).

(4) A resolution under subsection (1)—

(a) may be passed whether or not the licensing authority has already issued casino premises licences,

(b) shall have no effect in relation to a casino premises licence issued before the resolution takes effect,

(c) shall have no effect in relation to premises in respect of which a provisional statement relating to the operation of a casino is in force when the resolution takes effect,

(d) shall have no effect in relation to anything converted into a casino premises licence by virtue of Schedule 18,

(e) shall not affect the issuing of a casino premises licence in accordance with a requirement by virtue of Schedule 18, and

(f) may not be taken into account in conducting a review of a casino premises licence under section 201.

(5) A resolution under subsection (1) shall be published by being included in a statement or revision under section 349.

(6) Section 153 is subject to this section.

(7) The Secretary of State may by order require a licensing authority to consider whether or not to pass a resolution under subsection (1).

(8) An order under subsection (7) may—

(a) be directed to a particular licensing authority or to a class or description of licensing authority;

(b) require the licensing authority to consult such persons or classes of persons as they think are likely to be affected by the resolution (having regard to any guidance given by the Secretary of State);

(d) specify a period within which the consideration must take place;

(e) require consideration once or at specified intervals.

Conditions

Mandatory conditions

167

(1) The Secretary of State may by regulations provide for a specified condition to be attached to premises licences.

(2) Regulations under this section may, in particular—

(a) make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;

(b) make different provision for different classes of licence or for different circumstances.

(3) In relation to premises licences issued in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

Default conditions

168

(1) The Secretary of State may by regulations prescribe for a specified condition to be attached to any premises licence unless excluded by the authority who issue the licence.

(2) Regulations under this section may, in particular—

(a) make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;

(b) make different provision for different classes of licence or for different circumstances.

(3) In relation to a premises licence issued by an authority in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

Conditions imposed or excluded by licensing authority

169

(1) Where a licensing authority issue a premises licence they may—

(a) attach a condition to the licence;

(b) exclude a condition that would otherwise be attached to the licence by virtue of section 168.

(2) A condition attached to the licence under subsection (1)(a) may, in particular, address a matter addressed by a condition excluded under subsection (1)(b).

(3) A condition attached to the licence under subsection (1)(a) may apply in relation to the premises generally or only in relation to a specified part of the premises.

(4) A licensing authority may not attach a condition to a premises licence which prevents compliance with a condition of the operating licence which authorises the holder to carry out the activity in respect of which the premises licence is granted.

Membership

170

A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169)—

(a) requiring all or part of the premises, or any activity taking place on the premises, to be operated or carried on as a club or other body with membership, or

(b) restricting use of any part of the premises wholly or partly by reference to membership of a club or other body.

Stakes, &c.

171

(1) A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169) imposing limits on—

(a) stakes,

(b) fees,

(d) prizes.

(2) The prohibition in subsection (1)(b) shall not prevent the imposition by virtue of section 167 of a condition about fees for admission to a track.

Specific cases

Gaming machines

172

(1) An adult gaming centre premises licence shall, by virtue of this section, authorise the holder—

(a) to make available for use on the premises a number of Category B gaming machines not exceeding 20 per cent of the total number of gaming machines which are available for use on the premises,

(b) to make any number of Category C gaming machines available for use on the premises, and

(2) A family entertainment centre premises licence shall, by virtue of this section, authorise the holder—

(a) to make any number of Category C gaming machines available for use on the premises, and

(b) to make any number of Category D gaming machines available for use on the premises.

(3) A casino premises licence for a regional casino using at least 40 gaming tables shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—

(a) each gaming machine is of Category A, B, C or D, and

(b) the number of gaming machines—

(i) is not more than 25 times the number of gaming tables used in the casino, and

(ii) is not more than 1250.

(4) A casino premises licence for a large casino using at least one gaming table, or for a regional casino using fewer than 40 gaming tables, shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—

(a) each gaming machine is of Category B, C or D, and

(b) the number of gaming machines—

(i) is not more than 5 times the number of gaming tables used in the casino, and

(ii) is not more than 150.

(5) A casino premises licence for a small casino using at least one gaming table shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—

(a) each gaming machine is of Category B, C or D, and

(b) the number of gaming machines—

(i) is not more than 5 times the number of gaming tables used in the casino, and

(ii) is not more than 80.

(6) The Secretary of State may by regulations—

(a) define “gaming table” for the purposes of subsections (3) to (5);

(b) provide that a gaming table is to be treated as being used in a casino for the purposes of those subsections only if used—

(i) for a specified purpose,

(ii) in specified circumstances, and

(iii) to a specified extent;

(7) A bingo premises licence shall, by virtue of this section, authorise the holder—

(a) to make available for use on the premises a number of Category B gaming machines not exceeding 20 per cent of the total number of gaming machines which are available for use on the premises,

(b) to make any number of Category C gaming machines available for use on the premises, and

(8) A betting premises licence shall, by virtue of this section, authorise the holder to make up to four gaming machines, each of which must be of Category B, C or D, available for use.

(9) But subsection (8) applies to a betting premises licence in respect of a track only if the holder also holds a pool betting operating licence.

(10) A premises licence may not (whether by way of condition or otherwise)—

(a) make provision about the number or categories of gaming machine that may be made available for use that contradicts a provision of this section,

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

(11) The appropriate Minister may by order amend a provision of this section so as to vary—

(a) the number of machines authorised by a specified kind of premises licence;

(b) the category of machines authorised by a specified kind of premises licence.

(12) In subsection (11) “the appropriate Minister” means—

(a) the Scottish Ministers, so far as, in the case of a betting premises licence in respect of premises in Scotland and not in respect of a track, the order varies—

(i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;

(aa) the Welsh Ministers, so far as, in the case of a betting premises licence in respect of premises in Wales and not in respect of a track, the order varies—

(i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;

(b) otherwise, the Secretary of State.

Virtual gaming

173

(1) The kinds of premises licence specified in subsection (2) shall by virtue of this section authorise the holder to make facilities available for betting on the outcome of a virtual game, race, competition or other event or process.

(2) Those kinds of licence are—

(a) a casino premises licence, and

(b) a betting premises licence.

Casino premises licence

174

(1) A casino premises licence may be issued only in respect of—

(a) a regional casino,

(b) a large casino, or

(2) A casino premises licence shall, by virtue of this section and subject to subsections (3) and (4), authorise the holder to use the premises to make available any number of games of chance other than casino games.

(3) A casino premises licence shall, by virtue of this subsection and subject to subsection (4), authorise the holder, and any person authorised by him in writing, to use the premises for the provision of facilities for—

(a) bingo,

(b) betting, or

(4) In respect of a small casino, subsection (3) shall not apply in so far as it authorises bingo.

(5) The Secretary of State may by order repeal subsection (4) (and this subsection).

(6) Regulations under section 167 shall, in particular, make provision in relation to casino premises licences imposing limits in respect of machines of a kind that would be gaming machines but for section 235(2)(i); and the limits may, in particular, operate by reference to—

(a) the number of machines, or

(b) the number of players that the machines are designed or adapted to accommodate.

(7) Regulations under section 167 or 168 may, in particular, make provision in relation to casino premises licences, or in relation to a class of casino premises licence, for a condition requiring the provision of recreational or other facilities of a specified kind.

(8) Subsection (7) is without prejudice to the generality of sections 167, 168 and 169.

Casino premises licence: overall limits

175

(1) No more than one casino premises licence may have effect at any time in respect of regional casinos.

(2) No more than eight casino premises licences may have effect at any time in respect of large casinos.

(3) No more than eight casino premises licences may have effect at any time in respect of small casinos.

(4) The Secretary of State shall, having consulted the Scottish Ministers and the National Assembly for Wales, by order make provision for determining the geographical distribution of casino premises licences within the limits specified in subsections (1) to (3); for which purpose the order shall—

(a) specify which licensing authorities may issue casino premises licences of a specified kind, and

(b) in respect of each specified authority, specify the number of casino premises licences of each kind issued by the authority that may have effect at any time.

(5) An application for a casino premises licence may not be made to a licensing authority if subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting the application.

(6) An application for a provisional statement may not be made to a licensing authority if it relates to a casino and is made at a time when subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting a casino premises licence in response to an application made in reliance on the provisional statement.

(7) Schedule 9 (which makes provision about the treatment of applications for casino premises licences and provisional statements) shall have effect.

(8) The Secretary of State may by order—

(a) amend any of subsections (1), (2) and (3) so as to substitute a new maximum number of casino premises licences;

(b) repeal any of subsections (1), (2) and (3).

Casino premises licence: access by children

176

(1) The Commission shall issue one or more codes of practice under section 24 about access to casino premises for children and young persons.

(2) The code or codes issued in accordance with subsection (1) shall, in particular—

(a) require the holder of a casino premises licence to take specified steps to ensure that no child or young person enters premises or a part of premises which it would be an offence under section 47 to permit him to enter (“prohibited premises or areas”),

(b) for that purpose, require the holder of a casino premises licence to ensure—

(i) that each entrance to prohibited premises or to a prohibited area is supervised by one or more persons whose responsibilities include ensuring compliance with the code of practice (“the supervisor”), and

(ii) that arrangements are made to require evidence of age to be produced by any person seeking admission to prohibited premises or to a prohibited area unless the supervisor, reasonably, is certain that the person seeking admission is an adult, and

(c) make provision about the nature of evidence that may be used for the purpose of arrangements made in accordance with paragraph (b)(ii).

(3) A casino premises licence shall by virtue of this section be subject to the condition that the licensee ensures compliance with any relevant code of practice issued in accordance with subsection (1).

Credit

177

(1) This section applies to—

(a) casino premises licences, and

(b) bingo premises licences.

(2) A premises licence to which this section applies shall by virtue of this section be subject to the condition that the licensee does not—

(a) give credit in connection with gambling authorised by the licence, or

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

(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 167, 168 or 169 are complied with.

(4) In this section “credit” has the same meaning as in section 81.

Door supervision

178

(1) Where a condition for door supervision is attached to a premises licence (whether by virtue of section 167, 168 or 169) subsection (3) shall apply in relation to the licence.

(2) In subsection (1) “condition for door supervision” means a condition requiring that one or more persons be responsible for guarding the premises against unauthorised access or occupation, against outbreaks of disorder or against damage.

(3) If the person carrying out the guarding mentioned in subsection (2) is required by the Private Security Industry Act 2001 (c. 12) to hold a licence under that Act authorising the guarding, the requirement under that Act shall be treated for the purposes of this Act as if it were a condition of the premises licence attached by virtue of this section.

Pool betting on track

179

(1) A betting premises licence in respect of a track may not authorise the acceptance of bets by way of pool betting except in a case to which subsection (2) applies.

(2) This subsection applies to the acceptance of bets, by way of pool betting on horse-racing or dog-racing—

(a) by the holder of the betting premises licence, or

(b) in accordance with arrangements made by him.

(3) The Secretary of State may by order amend this section so as to—

(a) add an exception to subsection (1),

(b) amend an exception to subsection (1), or

Pool betting on dog races

180

(1) A betting premises licence in respect of premises other than a dog track shall by virtue of this section be subject to the condition that pool bets may not be accepted in reliance on the licence in respect of dog-racing other than in accordance with arrangements made with the occupier of the dog track on which the racing takes place.

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

(3) A repeal by order under subsection (2) shall cause the condition attached by subsection (1) to premises licences in force on the date of the repeal to lapse in respect of anything done on or after the date of the repeal.

(4) This section shall cease to have effect at the end of 31st December 2012 (and the condition attached by subsection (1) to premises licences in force on that date shall lapse in respect of anything done after that date).

Betting machines

181

(1) A condition of a betting premises licence may relate to—

(a) the number of machines used on the premises for the purpose of making or accepting bets;

(b) the nature of those machines;

(2) A condition of a casino premises licence may relate to—

(a) the number of machines used on the premises for the purpose of making or accepting bets;

(b) the nature of those machines;

(3) In this section “condition” means a condition imposed by virtue of section section 167, 168 or 169.

Exclusion of children from track areas

182

(1) A premises licence in respect of a track shall by virtue of this section be subject to the condition that the licensee shall ensure that children and young persons are excluded from—

(a) any area where facilities for betting are provided, and

(b) any area where a gaming machine, other than a Category D machine, is situated.

(2) But subsection (1)(a)—

(a) shall not apply to a dog track on a day on which dog-racing takes place, or is expected to take place, on the track, ...

(b) shall not apply to a horse-race course on a day on which horse-racing takes place, or is expected to take place, on the course, and

(c) shall not apply to any other track on a day on which a race or other sporting event takes place, or is expected to take place, on the track.

(3) For the purposes of this section a reference to the area where facilities are provided or where a machine is situated is a reference to any place in which it is possible to take advantage of the facilities or use the machine.

(4) The Secretary of State may by order amend this section so as to—

(a) provide an additional exception to subsection (1)(a),

(b) remove an exception to subsection (1)(a), or

Christmas Day

183

A premises licence shall, by virtue of this section, be subject to the condition that the premises shall not be used to provide facilities for gambling on Christmas Day.

Maintenance

Annual fee

184

(1) The holder of a premises licence—

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

(b) shall pay an annual fee to the licensing authority 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 regulations made—

(a) in relation to premises licences issued by authorities in England and Wales, by the Secretary of State, and

(b) in relation to premises licences issued by authorities in Scotland, by the Scottish Ministers.

(3) Regulations prescribing the annual fee may, in particular, make different provision for—

(a) licences authorising different classes of activity, or

(b) different circumstances.

(4) The Secretary of State may by regulations—

(a) require a licensing authority to refund a prescribed part of an annual fee paid under this section where a premises licence ceases to have effect otherwise than on or immediately before an anniversary of its issue,

(b) require a licensing authority to refund a prescribed part of an annual fee paid under this section if a premises licence is altered under section 186, 187, 188 or 202 and the annual fee for the licence as altered is less than the annual fee for the licence before alteration, and

(c) require a licensee to pay an additional amount by way of annual fee if a premises licence is altered under section 186, 187, 188 or 202 and the annual fee for the licence as altered is more than the annual fee for the licence before alteration.

(5) In relation to premises licences issued by authorities in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

(6) Subsection (1)(b) does not apply in relation to an anniversary of the issue of a licence on or immediately before which the licence expires in accordance with regulations under section 191(1).

Availability of licence

185

(1) The holder of a premises licence shall—

(a) keep the licence on the premises, and

(b) arrange for the licence to be made available on request to—

(i) a constable,

(ii) an enforcement officer, or

(iii) an authorised local authority officer.

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

Change of circumstance

186

(1) If the holder of a premises licence ceases to reside or attend at the address specified in the licence under section 151(1)(b) he shall as soon as is reasonably practicable—

(a) notify the licensing authority, and

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

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

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

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

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

(a) the prescribed fee, and

(b) either—

(i) the licence, or

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

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

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

(b) return the licence to the licensee.

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

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

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

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

(9) In subsection (3)(a) “prescribed” means—

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

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

Application to vary licence

187

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

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

(b) amending another detail of the licence,

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

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

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

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

(b) with any other necessary modifications.

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

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

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

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

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

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

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

(a) the licence to be varied, or

(b) both—

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

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

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

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

(b) may make transitional provision.

Transfer

188

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

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

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

(b) with any other necessary modifications.

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

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

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

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

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

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

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

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

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

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

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

Transfer: supplemental

189

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

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

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

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

(a) the licence, or

(b) both—

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

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

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

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

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

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

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

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

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

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

Copy of licence

190

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

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

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

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

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

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

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

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

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

(6) In subsection (2) “prescribed” means—

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

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

Duration

Initial duration

191

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

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

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

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

Surrender

192

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

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