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

(1) As soon as is reasonably practicable after the end of each financial year the Commission shall send to the Secretary of State a report about the activities of the Commission during the year.

(2) Where the Secretary of State receives a report under sub-paragraph (1)—

(a) he shall lay a copy before Parliament, and

(b) he may arrange for the report to be published.

Status

17

(1) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) Property of the Commission shall not be regarded as property of or held on behalf of the Crown.

(3) Membership of or employment by the Commission is not employment in the civil service of the State.

18

Consent given by the Secretary of State for the purposes of this Schedule may be general or specific.

SCHEDULE 5

1

In this Schedule—

“the Board” means the Gaming Board for Great Britain,

“commencement” means the coming into force of section 21, and

“the Commission” means the Gambling Commission.

2

Anything done by or in relation to the Board which has effect immediately before commencement shall, so far as necessary for continuing its effect after commencement, have effect as if done by or in relation to the Commission.

3

Anything (including any legal proceedings) which immediately before commencement is in the process of being done by or in relation to the Board may be continued by or in relation to the Commission.

4

So far as necessary or appropriate in consequence of section 21, on and after commencement a reference to the Board in an enactment, instrument or other document shall be treated as a reference to the Commission.

5

(1) Section 21(2) shall operate in relation to rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred by the Board, and

(b) without any instrument or other formality being required.

(2) In so far as section 21(2) transfers to the Commission liabilities under contracts of employment nothing in that section or this Schedule shall affect the operation of—

(a) the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or

(b) regulations under section 38 of the Employment Relations Act 1999 (c. 26) (replication of the TUPE regulations).

SCHEDULE 6

Part 1 — Persons and Bodies with Functions under this Act

Part 2 — Enforcement and Regulatory Bodies

Part 3 — Sport Governing Bodies

Part 4 — Notes

1

Where a person or body listed in this Schedule is by virtue of an enactment restricted in the use that may be made of information provided to him or it by another person or body, nothing in section 30 or 350 overrides that restriction—

(a) in relation to information provided to the person or body by the Commission, or

(b) so as to permit the person or body to disclose to the Commission information provided to the person or body by another.

2

Where by virtue of an enactment the use that may be made of information supplied by a person or body listed in this Schedule is restricted, or where the information may be further disclosed only with the consent of the person or body which provided the information, the prohibition or restriction on further disclosure shall apply to—

(a) the supply of information by virtue of this Act, and

(b) the supply of information to the Gambling Commission (whether or not by virtue of this Act).

3

Information provided to a person or body by Her Majesty's Commissioners of Customs and Excise in reliance on a provision of this Act may not be provided by that person or body to any other person or body without the consent of the Commissioners.

SCHEDULE 7

Part 1 — The Offences

Gambling offences

1

An offence under—

(a) this Act,

(b) the Betting, Gaming and Lotteries Act 1963 (c. 2),

(d) the Lotteries and Amusements Act 1976 (c. 32),

(e) the National Lottery etc. Act 1993 (c. 39), or

(f) the National Lottery Act 1998 (c. 22).

Theft, &c.

2

An offence under any of the following provisions of the Theft Act 1968 (c. 60)—

(a) section 1 (theft),

(b) section 8 (robbery),

(d) section 10 (aggravated burglary),

(e) section 11 (theft from exhibition, &c.),

(f) section 12A (aggravated vehicle-taking),

(g) section 13 (abstracting electricity),

(h) section 15 (obtaining property by deception),

(i) section 15A (obtaining money transfer by deception),

(j) section 16 (obtaining pecuniary advantage by deception),

(k) section 17 (false accounting),

(l) section 19 (false statement by director, &c.),

(m) section 20 (suppression of document, &c.),

(n) section 21 (blackmail),

(o) section 22 (handling stolen goods),

(p) section 24A (retaining wrong credit), and

(q) section 25 (going equipped for stealing, &c.).

3

An offence under section 1 or 2 of the Theft Act 1978 (c. 31) (obtaining services, or evading liability, by deception).

4

An offence under section 170 or 170B of the Customs and Excise Management Act 1979 (c. 2) (evasion of duty).

5

An offence under section 58(1) of the Civic Government (Scotland) Act 1982 (c. 45) (convicted thief in possession).

6

Both in England and Wales and in Scotland, the offence at common law of conspiracy to defraud.

7

In Scotland the offences at common law of—

(a) theft,

(b) robbery,

(d) fraud,

(e) extortion, and

(f) reset.

Miscellaneous

8

An offence listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003 (specified sexual offences).

9

An offence under the law of England and Wales which leads, or is intended to lead, to a person’s death or to physical injury to a person.

10

An offence under—

(a) the Firearms Act 1968 (c. 27), or

(b) the Firearms (Amendment) Act 1988 (c. 45).

11

An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a) section 4(2) (production),

(b) section 4(3) (supply),

(d) section 8 (permitting activity on premises).

12

An offence under the Forgery and Counterfeiting Act 1981 (c. 45), except for sections 18 and 19 (reproduction and imitation notes and coins).

13

An offence under section 3 of the Private Security Industry Act 2001 (c. 12) (unlicensed activity).

14

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15

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16

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17

An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences relating to indecent photographs of children).

18

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)—

(a) section 1 (incest),

(b) section 2 (intercourse with a stepchild),

(d) section 5 (unlawful intercourse with a girl under 16),

(e) section 6 (indecent behaviour towards girl between 12 and 16),

(f) section 8 (detention of woman in brothel or other premises),

(g) section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16), and

(h) section 13(5) (homosexual offences).

19

In Scotland, the offences at common law of—

(a) rape,

(b) clandestine injury to women,

(d) assault with intent to rape or ravish,

(e) indecent assault,

(f) lewd, indecent or libidinous behaviour or practices,

(g) shameless indecency,

(h) sodomy,

(i) murder,

(j) culpable homicide, ...

(k) assault.

(l) wilful fireraising,

(m) culpable and reckless fireraising, and

(n) bestiality.

20

In Scotland, the offence at common law of uttering and fraud.

21

An inchoate offence relating to an offence listed elsewhere in this Schedule.

22

A reference in this Part of this Schedule to an offence under an Act or a provision of an Act includes a reference to an offence under subordinate legislation made under that Act or provision.

Part 2 — Power to Amend Part 1

23

The Secretary of State may by order amend Part 1 of this Schedule so as to—

(a) add an entry,

(b) vary an entry, or

SCHEDULE 8

President, deputy and members

1

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2

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Tenure

3

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Staff

4

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Money

5

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6

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7

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8

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Sittings

9

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10

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11

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Procedure

12

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13

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14

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Council on Tribunals

15

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

Disqualification, &c.

16

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17

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SCHEDULE 9

Introduction

1

(1) This Schedule applies to an application for a casino premises licence of a kind in respect of which a limit under section 175 has effect.

(2) An application for the variation or transfer of a premises licence is not to be treated for the purposes of this Schedule as an application for a premises licence (despite sections 187(3) and 188(2)).

Competition for licences

2

(1) Before considering an application to which this Schedule applies a licensing authority shall comply with regulations of the Secretary of State about inviting competing applications.

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

(a) about the publication of invitations (including provision as to the manner and timing of publication and the matters to be published), and

(b) about the timing of responses.

Two-stage consideration

3

Paragraph 4 applies where (whether or not as a result of the competition provided for by paragraph 2)—

(a) a number of applications for a casino premises licence are made to a licensing authority (“the competing applications”), and

(b) as a result of section 175 and the order under it the authority are able to grant one or more, but not all, of the competing applications.

4

(1) The licensing authority shall first consider in respect of each application whether they would grant it under section 163 if section 175 did not apply.

(2) For that purpose—

(a) the authority shall not have regard to whether any of the other competing applications is more deserving of being granted,

(b) subject to paragraph (a), each competing applicant is an interested party in relation to each of the other competing applications, and

(c) Part 8 shall apply, but with the substitution for a reference to the grant of an application in sections 163(1)(a) and 206(2) of a reference to a provisional decision to grant an application subject to the provisions of paragraph 5 below.

5

(1) This paragraph applies if a licensing authority determine under paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section 175 and the order under it.

(2) The authority shall then determine which of those applications to grant under section 163(1)(a).

(3) For that purpose the authority—

(a) shall determine which of the competing applications would, in the authority's opinion, be likely if granted to result in the greatest benefit to the authority's area,

(b) may enter into a written agreement with an applicant, whether as to the provision of services in respect of the authority's area or otherwise,

(c) may determine to attach conditions under section 169 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and

(d) may have regard to the effect of an agreement entered into under paragraph (b) in making the determination specified in paragraph (a).

(4) Having determined to grant one or more applications under sub-paragraph (2) the authority shall—

(a) grant that application or those applications under section 163(1)(a), and

(b) reject the other competing applications under section 163(1)(b).

(5) The list in section 164(1)(a) shall be treated as including any competing applicant whose application the authority decided provisionally to grant under paragraph 4.

6

(1) The Secretary of State may issue a code of practice about—

(a) the procedure to be followed in making the determinations required by paragraphs 4 and 5, and

(b) matters to which a licensing authority should have regard in making those determinations.

(2) A licensing authority shall comply with a code of practice under sub-paragraph (1).

7

(1) Where a licensing authority issue a casino premises licence following a determination to grant an application in accordance with paragraph 5, a condition attached to the licence under section 169 may, in particular, give effect to any agreement entered into under paragraph 5(3)(b) above.

(2) In that case—

(a) the condition shall refer to the agreement,

(b) a copy of the agreement shall be attached to the licence, and

8

(1) An appeal may be brought under section 206(1) or (2) in respect of a decision under paragraph 4.

(2) While an appeal under section 206 could be brought by virtue of sub-paragraph (1), or has been brought by virtue of that sub-paragraph and has not yet been either finally determined or abandoned, the licensing authority shall take no action under paragraph 5(2).

(3) Sub-paragraph (2) has effect in place of section 208 in respect of an appeal by virtue of sub-paragraph (1).

(4) No appeal may be brought under section 206 in respect of a decision under paragraph 5.

Provisional statements

9

A reference in this Schedule to an application for a casino premises licence includes a reference to an application for a provisional statement where this Schedule would apply to an application for a premises licence made in reliance on the provisional statement.

10

(1) This paragraph applies where the process described in paragraphs 3 to 5 results in the issue of a provisional statement.

(2) Paragraphs 2 to 5 shall not apply by reason only of the fact that an application for a casino premises licence is made—

(a) in reliance on the provisional statement, and

(b) while it has effect.

(3) The licensing authority may provide in the provisional statement for it to cease to have effect at the end of a specified period.

(4) A licensing authority may extend a period specified under sub-paragraph (3) on the application of the person to whom the provisional statement is issued; and—

(a) the Secretary of State may by regulations provide for the procedure to be followed in relation to an application under this subsection, and

(b) sections 206 to 209 shall apply but—

(i) with the omission of section 206(2)(a),

(ii) as if section 208(1) referred not to a determination or other action under this Part but to a provision included in a provisional statement under sub-paragraph (3) above, and

(iii) with any other necessary modifications.

SCHEDULE 10

Interpretation

1

In this Schedule—

“holder”, in relation to a permit, means the person to whom the permit is issued,

“the licensing authority”—in relation to an application, means the licensing authority to whom the application is made, andin relation to a permit, means the licensing authority who issue it,

“permit” means a family entertainment centre gaming machine permit,

“the premises”, in relation to an application or permit, means the premises in respect of which the permit is sought or issued, and

“prescribed” means prescribed by regulations made by the Secretary of State except that in paragraphs 5(d) and 21(2) it means, where the application is made to a licensing authority in Scotland, prescribed by regulations made by the Scottish Ministers.

Making of application

2

(1) An application for a permit may be made only by a person who—

(a) occupies or proposes to occupy the premises, and

(b) proposes to use the premises as an unlicensed family entertainment centre.

(2) If the applicant for a permit is an individual, he must be an adult.

3

An application for a permit may not be made if a premises licence has effect in respect of the premises.

4

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

5

An application for a permit must—

(a) be made in such form and manner as the licensing authority may direct,

(b) specify the premises in respect of which the permit is sought,

(d) be accompanied by the prescribed fee.

Consideration of application

6

Sections 154 and 155 shall have effect in relation to the functions of a licensing authority under this Schedule as they have effect in relation to functions of a licensing authority under Part 8.

7

(1) A licensing authority may prepare a statement of principles that they propose to apply in exercising their functions under this Schedule.

(2) A statement under sub-paragraph (1) may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of an applicant for a permit.

(3) In exercising their functions under this Schedule a licensing authority—

(a) need not (but may) have regard to the licensing objectives, and

(b) shall have regard to any relevant guidance issued by the Commission under section 25.

Determination of application

8

(1) On considering an application for a permit a licensing authority may—

(a) grant it, or

(b) refuse it.

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

(3) As soon as is reasonably practicable after granting an application a licensing authority shall issue a permit to the applicant.

(4) As soon as is reasonably practicable after refusing an application a licensing authority shall notify the applicant of—

(a) the refusal, and

(b) the reasons for it.

9

A licensing authority may grant an application for a permit only if they—

(a) are satisfied that the applicant intends to use the premises as an unlicensed family entertainment centre, and

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

10

(1) A licensing authority may not refuse an application unless they have—

(a) notified the applicant of their intention to refuse the application and of their reasons, and

(b) given the applicant an opportunity to make representations.

(2) A licensing authority may satisfy sub-paragraph (1)(b) by giving the applicant an opportunity to make—

(a) oral representations,

(b) written representations, or

Form of permit

11

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

(a) the person to whom it is issued,

(b) the premises, and

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

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

(i) the prescribed fee, and

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

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

Duration

12

A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 11(1)(c) unless—

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

(b) it is renewed in accordance with paragraph 18.

13

(1) A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 11(1)(b).

(2) A permit shall not take effect if on the date specified under paragraph 11(1)(c) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 11(1)(b).

14

A permit shall lapse if the licensing authority notify the holder that the premises are not being used as a family entertainment centre.

15

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

(a) he dies,

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

(c) he 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 him (under Part 7A of the Insolvency Act 1986) or

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

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

(a) ceases to exist, or

(b) goes into liquidation (within the meaning of section 247(2) of the Insolvency Act 1986).

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

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

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

16

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

(a) notice of surrender, and

(b) either—

(i) the permit, or

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

17

(1) Where the holder of a permit is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit.

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

(a) the court which orders forfeiture,

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

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

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

(a) the permit, or

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

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

Renewal

18

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

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

(a) before the period of six months ending with the date on which the permit would otherwise expire in accordance with paragraph 12, or

(b) after the beginning of the period of two months ending with that date.

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

(4) A licensing authority may refuse an application for renewal of a permit only on the grounds—

(a) that an authorised local authority officer has been refused access to the premises without reasonable excuse, or

(b) that renewal would not be reasonably consistent with pursuit of the licensing objectives.

(5) Paragraph 12 shall have effect in relation to a renewed permit as if the date of renewal were the date specified under paragraph 11(1)(c).

(6) A permit shall not cease to have effect by virtue only of paragraph 12 while—

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

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

Maintenance

19

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

20

(1) An occupier of premises in respect of which a permit has effect commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by—

(a) a constable,

(b) an enforcement officer, or

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

21

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

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

(3) A licensing authority shall consider an application under this paragraph and shall grant it if satisfied—

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

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

(4) As soon as is reasonably practicable after granting an application under this paragraph a licensing authority shall issue a copy of the permit certified by the authority as a true copy.

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

Appeal

22

(1) The applicant for or holder of a permit may appeal if the licensing authority—

(a) reject an application for the issue or renewal of a permit,

(b) give a notice under paragraph 14, or

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

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

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

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

(3) On an appeal the magistrates' court may—

(a) dismiss the appeal;

(b) substitute for the decision appealed against any decision that the licensing authority could have made (with effect from such date and on such transitional or other terms as the court may specify);

(d) remit the case to the licensing authority to decide in accordance with a direction of the court;

(e) make an order about costs.

(4) Sub-paragraph (1) applies to a decision of a licensing authority following remittal under sub-paragraph (3)(d).

(5) In relation to premises in Scotland—

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

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

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

Register

23

(1) A licensing authority shall—

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

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

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

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

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

(a) the form of the register;

(b) the manner in which it is maintained.

(4) The Secretary of State may make regulations—

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

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

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

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

Vehicles and vessels

24

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

SCHEDULE 11

Part 1 — Incidental ... Lotteries

The exemption

1

(1) A lottery is exempt if—

(a) it is incidental to an event (“the connected event”), and

(b) the conditions specified in this Part are satisfied.

(2) A lottery to which sub-paragraph (1) applies is referred to in this Part as an incidental ... lottery.

2

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

Deductions from proceeds

3

The promoters of an incidental ... lottery may not deduct from the proceeds of the lottery more than the prescribed sum in respect of the cost of the prizes (irrespective of their actual cost).

4

The promoters of an incidental ... lottery may not deduct from the proceeds of the lottery more than the prescribed sum in respect of costs incurred in organising the lottery (irrespective of the amount of the costs incurred).

Purpose of lottery

5

An incidental ... lottery must be promoted wholly for a purpose other than that of private gain.

No rollover

6

The arrangements for an incidental ... lottery must not include a rollover.

Connection between lottery and event

7

(1) No lottery ticket for an incidental ... lottery may be sold or supplied otherwise than—

(a) on the premises on which the connected event takes place, and

(b) while the connected event is taking place.

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

Interpretation: “prescribed”

8

In this Part “prescribed” means prescribed by the Secretary of State by regulations.

Part 2 — Private Lotteries

The exemption

9

(1) A lottery is exempt if—

(a) it is a private society lottery, a work lottery or a residents' lottery within the meaning of paragraphs 10 to 12, and

(b) the other conditions specified in this Part are satisfied.

(2) In this Part a reference to a private lottery is a reference to a private society lottery, a work lottery or a residents' lottery.

Private society lottery

10

(1) A lottery is a private society lottery if—

(a) it is promoted only by authorised members of a society, and

(b) each person to whom a ticket is sold is either a member of the society or on premises wholly or mainly used for the administration of the society or the conduct of its affairs (“society premises”).

(2) In this Part “society” means any group or society established and conducted for purposes not connected with gambling.

(3) In sub-paragraph (1)(a) “authorised” means authorised in writing by the society or, if it has one, its governing body.

(4) In relation to a society which has branches or sections, the reference to a society in sub-paragraph (1)(a) is a reference to a single branch or section.

Work lottery

11

(1) A lottery is a work lottery if—

(a) the promoters work on a single set of premises (“the work premises”), and

(b) each person to whom a ticket is sold or supplied also works on the work premises.

(2) For the purposes of this paragraph a person works on premises if he—

(a) is employed under a contract of employment to work at or from the premises,

(b) undertakes to work at or from the premises (whether or not for remuneration), or

Residents' lottery

12

(1) A lottery is a residents' lottery if—

(a) the promoters live in a single set of premises (“the residential premises”), and

(b) each person to whom a ticket is sold or supplied also lives in the residential premises.

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

Purpose of lottery

13

(1) A private society lottery may be promoted for any of the purposes for which the society is conducted or for any other purpose other than that of private gain .

(2) A work lottery or residents' lottery must be—

(a) organised in such a way as to ensure that no profits are made, or

(b) promoted wholly for a purpose other than that of private gain.

Advertising

14

(1) No advertisement for a private society lottery may be—

(a) displayed or distributed except on the society premises, or

(b) sent to any other premises.

(2) No advertisement for a work lottery may be—

(a) displayed or distributed except on the work premises, or

(b) sent to any other premises.

(3) No advertisement for a residents' lottery may be—

(a) displayed or distributed except on the residential premises, or

(b) sent to any other premises.

Lottery tickets

15

Each ticket in a private lottery must be a document (without prejudice to section 253).

16

(1) A ticket in a private lottery may be sold or supplied only by or on behalf of the promoters.

(2) The rights conferred by the sale or supply of a ticket in a private lottery shall not be transferable (and any purported transfer shall be treated by the promoters of the lottery as being ineffective).

17

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

Price

18

The price payable for each ticket in a private lottery—

(a) must be the same,

(b) ...and

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

No rollover

19

The arrangements for a private lottery must not include a rollover.

Part 3 — Customer lottery

The exemption

20

(1) A lottery is exempt if—

(a) it is promoted by a person (“the promoter”) who occupies premises in Great Britain in the course of a business (“the business premises”),

(b) no ticket in the lottery is sold or supplied to a person except at a time when he is on the business premises as a customer of the promoter, and

(2) A lottery to which sub-paragraph (1) applies is referred to in this Part as a customer lottery.

(3) For the purposes of sub-paragraph (1)(a)—

(a) it is immaterial whether persons other than the person who occupies the business premises also perform activities which amount to promotion of the lottery in accordance with section 252, but

(b) a reference in this Part to the promoter does not include a reference to any of those other persons.

No profits

21

A customer lottery must be organised in such a way as to ensure that no profits are made.

Advertising

22

No advertisement for a customer lottery may be—

(a) displayed or distributed except on the business premises, or

(b) sent to any other premises.

Lottery tickets

23

Each ticket in a customer lottery must be a document (without prejudice to section 253).

24

(1) A ticket in a customer lottery may be sold or supplied only by or on behalf of the promoter.

(2) The rights conferred by the sale or supply of a ticket in a customer lottery shall not be transferable (and any purported transfer shall be treated by the promoter of the lottery as being ineffective).

25

Each ticket in a customer lottery—

(a) must state the name and an address of the promoter of the lottery,

(b) must specify the class of persons to whom the promoter is willing to sell or supply tickets, and

Price

26

The price payable for each ticket in a customer lottery—

(a) must be the same,

(b) must be shown on the ticket, and

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

Maximum prize

27

It must not be possible for the purchaser of a ticket in a customer lottery to win by virtue of that ticket more than £50 (whether in money, money's worth, or partly the one and partly the other).

No rollover

28

The arrangements for a customer lottery must not include a rollover.

Frequency

29

A draw in a customer lottery must not take place during a period of seven days beginning with a previous draw in—

(a) that customer lottery, or

(b) another customer lottery promoted on the business premises.

Part 4 — Small Society Lotteries

The exemption

30

(1) A lottery is exempt if—

(a) it is promoted wholly on behalf of a non-commercial society (“the promoting society”),

(b) it is a small lottery (within the meaning of paragraph 31), and

(2) A lottery promoted wholly on behalf of a non-commercial society is referred to in this Part as a small society lottery.

31

(1) For the purposes of this Part a society lottery is a small lottery unless it is a large lottery by virtue of any of sub-paragraphs (2) to (5).

(2) A society lottery is a large lottery if the arrangements for it are such that its proceeds may exceed £20,000.

(3) A society lottery is a large lottery if it is promoted wholly or partly at a time in a calendar year at which the aggregate of the promoting society's proceeds from society lotteries promoted wholly or partly during that year exceeds £250,000.

(4) A society lottery is a large lottery if the arrangements for it are such that (disregarding any other society lottery the sale of tickets for which is not concluded) it may during its promotion become a large lottery by virtue of sub-paragraph (3).

(5) If a society promotes a lottery that is a large society lottery by virtue of sub-paragraph (2), (3) or (4) (“the first lottery”), any other society lottery promoted by that society is a large lottery if it is wholly or partly promoted—

(a) after the beginning of the promotion of the first lottery and in a calendar year during which the first lottery is wholly or partly promoted, or

(b) in any of the three calendar years successively following the last calendar year during which the first lottery was wholly or partly promoted.

Purpose of lottery

32

A small society lottery may be promoted for any of the purposes for which the promoting society is conducted.

Minimum distribution for fund-raising purpose

33

The arrangements for a small society lottery must ensure that at least 20% of the proceeds of the lottery are applied to a purpose for which the society is conducted.

Maximum prize

34

It must not be possible for the purchaser of a ticket in a small society lottery to win by virtue of that ticket (whether in money, money's worth, or partly the one and partly the other) more than £25,000.

Rollover

35

(1) The arrangements for a small society lottery may include a rollover only if each other lottery which may be affected by the rollover is a small society lottery promoted by or on behalf of the same society.

(2) This paragraph is subject to paragraph 34.

Tickets

36

(1) Where a person purchases a lottery ticket in a small society lottery he must receive a document which—

(a) identifies the promoting society,

(b) states the price of the ticket,

(i) 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, or

(ii) if there is one, the external lottery manager, and

(d) either—

(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.

(2) For the purpose of sub-paragraph (1) 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 to—

(a) retain the message electronically, or

(b) print it.

Price

37

(1) The price payable for each ticket in a small society lottery—

(a) must be the same, and

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

(2) Membership of the class among whom prizes in a small society lottery are allocated may not be dependent on making any payment (apart from payment of the price of a ticket).

Registration

38

The promoting society of a small society lottery must, throughout the period during which the lottery is promoted, be registered with a local authority in accordance with Part 5 of this Schedule.

Filing of records

39

(1) The promoting society of a small society lottery must send to the local authority with which the society is registered under Part 5 of this Schedule a statement of the matters specified in sub-paragraph (2).

(2) Those matters are—

(a) the arrangements for the lottery (including the dates on which tickets were available for sale or supply, the dates of any draw and the arrangements for prizes (including any rollover),

(b) the proceeds of the lottery,

(c) the amounts deducted by the promoters of the lottery in respect of the provision of prizes (including the provision of prizes in accordance with any rollover),

(d) the amounts deducted by the promoters of the lottery in respect of other costs incurred in organising the lottery,

(e) any amount applied to a purpose for which the promoting society is conducted, and

(f) whether any expenses in connection with the lottery were defrayed otherwise than by deduction from proceeds, and, if they were—

(i) the amount of the expenses, and

(ii) the sources from which they were defrayed.

(3) The statement must be sent to the local authority during the period of three months beginning with the day on which the draw (or the last draw) in the lottery takes place.

(4) The statement must be—

(a) signed by two members of the society who are appointed for the purpose in writing by the society or, if it has one, its governing body, and

(b) accompanied by a copy of the appointment under paragraph (a).

(5) A member signing a statement in accordance with sub-paragraph (4) must be an adult.

40

(1) If after receiving a statement under paragraph 39 a local authority think that the lottery to which the statement relates was a large lottery, they shall notify the Commission in writing.

(2) A notice under sub-paragraph (1) shall be accompanied by a copy of—

(a) the statement relating to the lottery, and

(b) the statement relating to any other lottery as a result of which the lottery mentioned in paragraph (a) is a large lottery.

Part 5 — Registration With Local Authority

Local authority

41

In this Part “local authority” means—

(a) in relation to England—

(i) a district council,

(ii) a county council for a county in which there are no district councils,

(iii) a London borough council,

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

(v) the Council of the Isles of Scilly,

(b) in relation to Wales,

(i) a county council, and

(ii) a county borough council, and

(c) in relation to Scotland, a licensing board continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16).

Application

42

(1) A society may apply to the relevant local authority for registration under this Part.

(2) An application under this paragraph—

(a) must be in the prescribed form,

(b) must specify the purposes for which the society is conducted,

(d) must be accompanied by the prescribed fee.

43

In relation to the registration of a society, the relevant local authority is the local authority for the area in which the principal premises of the society are situated.

Registration

44

As soon as is reasonably practicable after receipt of an application under paragraph 42 a local authority shall, subject to paragraphs 47 and 48—

(a) enter the applicant, together with such information as may be prescribed, in a register kept by the authority for the purposes of this Part,

(b) notify the applicant of his registration, and

Gambling Commission

45

As soon as is reasonably practicable after receipt of notice of a registration under paragraph 44(c) the Commission shall record the registration.

46

(1) A notice under paragraph 44(c) must be accompanied by such part of the application fee as may be prescribed.

(2) In sub-paragraph (1) “application fee” means the fee accompanying an application under paragraph 42.

Refusal of registration

47

A local authority shall refuse an application for registration if in the period of five years ending with the date of the application—

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

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

48

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

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

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

49

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

Revocation

50

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

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

(a) immediately, or

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

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

Appeal

51

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

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

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

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

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

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

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

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

(a) affirm the local authority's decision;

(b) reverse the local authority's decision;

(4) In relation to registration in Scotland—

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

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

Cancellation

52

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

53

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

(a) cancel the registration,

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

Annual fee

54

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

(2) An annual fee—

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

(b) shall be of the prescribed amount.

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

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

(a) the formerly registered society, and

(b) the Commission.

Retention of records

55

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

(a) retain it for at least 18 months,

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

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

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

Interpretation: “prescribed”

56

In this Part “prescribed” means prescribed by the Secretary of State by regulations except that, in the following provisions, it means prescribed by the Scottish Ministers by regulations—

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

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

Part 6 — Powers to Impose Additional Restrictions, &c.

Distributing lottery tickets by post

57

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

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

Rollover

58

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

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

Other additional provision

59

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

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

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

(b) the persons who may buy lottery tickets;

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

(e) arrangements for advertising the lottery;

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

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

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

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

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

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

Variation of monetary limits and percentages

60

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

Part 7 — General

Interpretation: advertisement

61

For the purposes of this Schedule—

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

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

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

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

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

Interpretation: business

62

In this Schedule “business” includes trade and profession.

Vessels

63

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

SCHEDULE 12

Application

1

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

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

2

An application must—

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

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

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

(e) be accompanied by the prescribed fee.

3

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

(a) the Commission, and

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

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

Consideration of application

4

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

5

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

(a) grant it, or

(b) refuse it.

6

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

(a) that the applicant is not—

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

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

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

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

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

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

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

7

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

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

(a) the applicant, and

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

8

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

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

(i) the applicant,

(ii) the Commission, and

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

(b) issue the permit to the applicant.

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

9

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

(a) the applicant,

(b) the Commission, and

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

Fast-track procedure for holder of club premises certificate

10

(1) This paragraph applies to an application if—

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

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

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

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

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

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

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

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

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

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

(5) This paragraph does not apply to Scotland.

Form of permit

11

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

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

(b) the premises to which it relates,

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

(e) such other information as may be prescribed.

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

Maintenance

12

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

13

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

(a) a constable, or

(b) an enforcement officer.

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

14

(1) The holder of a permit—

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

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

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

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

15

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

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

(a) the prescribed fee, and

(b) either—

(i) the permit, or

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

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

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

(a) refuse the application for variation, and

(b) cancel the permit.

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

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

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

16

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

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

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

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

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

(4) As soon as is reasonably practicable after granting an application under sub-paragraph (1) a licensing authority shall issue a copy of the permit certified by the authority as a true copy (and the copy shall be treated as if it were the original permit).

Duration

17

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

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

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

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

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

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

18

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

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

19

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

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

(a) the permit, or

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

20

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

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

(b) receive notice of surrender under paragraph 19.

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

(a) the Commission, and

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

Cancellation and forfeiture

21

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

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

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

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

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

(b) consider any representations made by the holder,

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

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

(a) the holder,

(b) the Commission, and

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

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

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

(b) any appeal brought has been determined.

22

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

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

23

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

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

(a) the court which orders forfeiture,

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

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

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

(a) the permit, or

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

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

Renewal

24

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

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

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

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

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

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

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

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

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

Appeal

25

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

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

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

(4) Where a licensing authority determine not to cancel a permit, any person who in accordance with regulations under paragraph 21(2)(d) made representations to the authority in connection with their consideration whether to cancel the permit may appeal.

(5) An appeal under this paragraph must be instituted—

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

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

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

(6) On an appeal a magistrates' court may—

(a) dismiss the appeal;

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

(d) remit the case to the licensing authority to decide in accordance with a direction of the court;

(e) make an order about costs.

(7) In relation to premises in Scotland—

(a) sub-paragraph (5)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) sub-paragraph (5)(b) shall not have effect,

(d) the reference in sub-paragraph (6)(e) to costs shall have effect as a reference to expenses.

(8) Sub-paragraphs (1) to (4) apply to a decision of a licensing authority following remittal under sub-paragraph (6)(d) above.

Register

26

(1) A licensing authority shall—

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

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

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

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

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

(a) the form of the register;

(b) the manner in which it is maintained.

(4) The Secretary of State may make regulations—

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

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

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

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

Exercise of functions by licensing authority: general

27

In exercising a function under this Schedule a licensing authority shall have regard to—

(a) any relevant guidance under section 25, and

(b) subject to paragraph (a), the licensing objectives.

28

(1) Sections 154 and 155 shall have effect in relation to the functions of a licensing authority under this Schedule as they have effect in relation to functions of a licensing authority under Part 8.

(2) In the application of section 154 to this Schedule the following shall be substituted for the list of functions in subsection (4) (which itself substitutes a list of functions for that in section 10(4) of the Licensing Act 2003)—

(a) determination of an application for a permit in respect of which an objection has been made under this Schedule (and not withdrawn), and

(b) cancellation of a permit under paragraph 21.

Vehicles and vessels

29

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

Interpretation

30

In this Schedule “prescribed” means prescribed by the Secretary of State by regulations except that in paragraphs 2(e), 15(2)(a) and 16(2) it means, where the application in question is made to a licensing authority in Scotland, prescribed by the Scottish Ministers by regulations.

31

This Schedule shall, in its application to Scotland, have effect as if references to a chief officer of police were references to a chief constable.

SCHEDULE 13

Making of application

1

(1) A person who applies to a licensing authority (in its capacity as a licensing authority under the Licensing Act 2003 (c. 17)) for an on-premises alcohol licence or who holds an on-premises alcohol licence issued by a licensing authority (in that capacity) may apply to that licensing authority (in its capacity as a licensing authority under this Act) for a licensed premises gaming machine permit.

(2) An application may not be made under this Schedule if a licence under Part 8 has effect in relation to the premises.

2

An application for a permit must—

(a) be made in such form and manner as the licensing authority may direct,

(b) specify the premises in respect of which the permit is sought,

(d) contain or be accompanied by such other information or documents as the licensing authority may direct, and

(e) be accompanied by the prescribed fee.

3

Sections 154 and 155 shall have effect in relation to the functions of a licensing authority under this Schedule as they have effect in relation to functions of a licensing authority under Part 8.

4

(1) A licensing authority to whom an application is made under this Schedule shall consider it having regard to the licensing objectives, any relevant guidance issued by the Commission under section 25 and such other matters as they think relevant.

(2) On considering an application for a permit a licensing authority shall—

(a) grant the application,

(b) refuse the application, or

(i) a smaller number of machines than that specified in the application,

(ii) a different category of machines from that specified in the application, or

(iii) both.

5

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

(2) As soon as is reasonably practicable after granting an application, a licensing authority shall issue a permit to the applicant.

(3) As soon as is reasonably practicable after refusing an application a licensing authority shall notify the applicant of—

(a) the refusal, and

(b) the reasons for it.

6

(1) A licensing authority may grant an application under this Schedule only if the applicant holds an on-premises alcohol licence.

(2) A licensing authority may not refuse an application, or grant an application in respect of a different category or smaller number of gaming machines than that specified in the application, unless they have—

(a) notified the applicant of their intention to refuse the application, or grant the application in respect of—

(i) a smaller number of machines than that specified in the application,

(ii) a different category of machines from that specified in the application, or

(iii) both, and

(b) given the applicant an opportunity to make representations.

(3) A licensing authority may satisfy sub-paragraph (2)(b) by giving the applicant an opportunity to make—

(a) oral representations,

(b) written representations, or

(4) Sub-paragraph (2)(b) shall not apply in respect of a refusal if the refusal was by virtue of sub-paragraph (1).

Form of permit

7

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

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