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The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006

Type Statutory-Instrument

Publication 2006-12-06

Last updated 2025-07-22

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) The provisions of Schedule 13 to the 2005 Act referred to in sub-paragraph (1) are to apply to alcohol licensed premises gaming machine permits issued in Scotland with—

(a) the modification specified in sub-paragraph (8) of paragraph 25, and

(b) the modifications specified in sub-paragraphs (3) and (4) below.

(3) In relation to alcohol licensed premises gaming machine permits issued in Scotland—

(a) paragraph 13 of Schedule 13 is to have effect as if any reference to an on-premises alcohol licence was to a relevant Scottish licence⁵⁴;

(b) paragraph 18(2)(c) of that Schedule is to have effect as if the reference to the High Court was a reference to the Court of Session; and

(i) sub-paragraph (2)(a) referred to a sheriff within whose sheriffdom the premises to which the permit relates are wholly or partly situated;

(ii) sub-paragraph (2)(b) was omitted;

(iii) the reference in sub-paragraph (3) to the magistrates’ court was to the sheriff; and

(iv) the reference in sub-paragraph (3) to costs was to expenses.

(4) Any reference to the licensing authority in the provisions of Schedule 13 to the 2005 Act mentioned in paragraph 25(6) is to have effect as a reference to the licensing authority which in its capacity as a licensing board under the Licensing (Scotland) Act 1976⁵⁵ granted the relevant Scottish licence in respect of the premises to which the permit relates.

Conversion of permits under section 34 of the Gaming Act 1968 into licensed premises gaming machine permits

27

(1) This paragraph applies where—

(a) the holder of a permit under section 34 of the 1968 Act—

(i) granted by the authority mentioned in sub-paragraph (a) or (c) of paragraph 1 of Schedule 9 to the 1968 Act, or

(ii) granted by the authority mentioned in sub-paragraph (d) of that paragraph in respect of premises in respect of which a relevant Scottish licence has effect,

applies for a licensed premises gaming machine permit;

(b) that permit authorises the holder to make available a number of gaming machines, being a number which is greater than two;

(c) that permit is due to expire in accordance with paragraph 24(1) or (2) , or (as the case may be) paragraph 31(5) or (5A), on a date on or after 1st September 2007;

(cc) the application for the licensed premises gaming machine permit relates to the same or substantially the same premises as those in respect of which the permit under section 34 of the 1968 Act has effect;

(d) the application for the licensed premises gaming machine permit is made ... before the date on which the permit under section 34 of the 1968 Act is due to expire in accordance with paragraph 24(1) or (2) or (as the case may be) paragraph 31(5) or (5A); and

(e) (where the applicant holds a premises licence under Licensing Act 2003⁵⁶ in respect of the premises to which the application relates) the application for the licensed premises gaming machine permit complies with sub-paragraphs (b), (c), and (e) of paragraph 2 of Schedule 13 to the 2005 Act.

(2) In sub-paragraph (1)(b) the reference to gaming machines is—

(a) in relation to any time before 1st September 2007, to AWP machines, and

(b) in relation to any time on or after that date, to Category C or D gaming machines.

(3) Sub-paragraph (1) applies whether the application is made before, on or after 1st September 2007.

(4) If the application is in respect of a number of gaming machines which does not exceed the number of AWP machines or Category C or D gaming machines authorised by the permit under section 34 of the 1968 Act (referred to in this paragraph as “the authorised number”), the licensing authority must grant the application.

(5) If the application is in respect of a number of gaming machines which is greater than the authorised number, the licensing authority must grant the application in respect of a number of gaming machines which is no smaller than the authorised number.

(6) In a case to which sub-paragraph (5) applies, where the number of Category C gaming machines specified in the application does not exceed the relevant number, the licensing authority may not grant the application in respect of a smaller number of Category C gaming machines than that specified in the application.

(6A) In sub-paragraph (6), the relevant number is the authorised number unless the authorised number is less than two, in which case the relevant number is two.

(7) Where the application referred to in sub-paragraph (1) is made before 1st September 2007—

(a) the licensing authority must not grant the application for the licensed premises gaming machine permit until that date, and

(b) sub-paragraphs (4) to (6) are not to apply if the permit under section 34 of the 1968 Act ceases to have effect before 1st September 2007.

(8) Sub-paragraphs (4) to (6) also do not apply where, after the application for the licensed premises gaming machine permit has been made, the permit under section 34 of the 1968 Act is cancelled or forfeited under paragraph 16 or 18 of Schedule 13 to the 2005 Act (as those provisions have effect by virtue of paragraph 25(4) above).

(9) Where the premises to which the permit under section 34 of the 1968 Act relates are situated in England or Wales, sub-paragraphs (4) to (6) are to be subject to paragraph 6(1) of Schedule 13 to the 2005 Act (which prohibits the grant of a licensed premises gaming machine permit to a person who does not hold an on-premises alcohol licence).

Failure to make the application for a licensed premises gaming machine permit in the appropriate form or manner

28

(1) This paragraph applies to any application for a licensed premises gaming machine permit made to a licensing authority in England or Wales which meets the conditions in paragraphs (a) to (e) of paragraph 27(1) above, but does not comply with a requirement imposed under sub-paragraph (a) or (d) of paragraph 2 of Schedule 13 to the 2005 Act.

(2) Where the licensing authority give notice in writing to the applicant requesting him to do anything which is necessary for the purposes of complying with any such requirement, the licensing authority are to cease to be under a duty by virtue of paragraph 27(4) to (6) to grant the application, or to grant the application in respect of a specified number and type of gaming machines, until such time as the applicant complies with the request.

(3) The applicant must comply with any request made under sub-paragraph (2) within such period as may be specified in the notice (such period not being less than 14 days from the date on which the notice is received).

(4) Sub-paragraph (5) applies where the applicant fails to comply with the notice within the period referred to in sub-paragraph (3).

(5) Where an alcohol licensed premises gaming machine permit has effect in respect of the premises to which the application relates—

(a) paragraph 24(3) is not to apply to the permit, and

(b) if the permit has effect by virtue of that provision, the permit is to lapse on the expiry of the period referred to in sub-paragraph (3).

Applications for conversion of permits under section 34 of the Gaming Act 1968: provisions applying to Scotland

29

(1) This paragraph is only to have effect if on 1st August 2007 regulations under section 285(1)(b) of the 2005 Act are not in force setting out provisions which are to have effect in place of Schedule 13 to that Act in relation to an application for a licensed premises gaming machine permit where the applicant is the holder of a relevant Scottish licence⁵⁷.

(2) Sub-paragraph (3) modifies the effect of paragraph 27 in relation to such an application where—

(a) the person making the application holds a permit under section 34 of the 1968 Act in respect of the premises to which the application relates, and

(b) that permit is due to expire in accordance with paragraph 24(1) or 31(5) on a date which is no more than one month after the date on which the provisions referred to in sub-paragraph (1) come into force.

(3) Paragraph (d) of paragraph 27(1) is to have effect as if it required the application for the licensed premises gaming machine permit to be made on or before the date which is one month after the date on which the provisions referred to in paragraph (1) come into force.

(4) Where—

(a) a permit under section 34 of the 1968 Act in respect of premises is held by a person who also holds a relevant Scottish licence in respect of the premises, and

(b) that permit is due to expire in accordance with paragraph 24(1) or 31(5) on a date which is before the date referred to in sub-paragraph (3),

then (subject to sub-paragraph (5)) paragraph 24(1) or 31(5) is to have effect as if it provided for the permit to continue in force until the date referred to in sub-paragraph (3).

(5) Where in a case falling within sub-paragraph (4)—

(a) the holder of the permit under section 34 of the 1968 Act applies for a licensed premises gaming machine permit, and

(b) that application meets the conditions in paragraphs (a) to (e) of paragraph 27(1) (as modified by sub-paragraph (3)),

the permit under section 34 of the 1968 Act is not to cease to have effect by virtue of sub-paragraph (4) until the application for the licensed premises gaming machine permit is determined or is withdrawn.

Special provision with respect to alcohol licensed premises within tracks in England and Wales

30

(1) This paragraph applies where—

(a) a person holds a permit under section 34 of the 1968 Act granted by the authority mentioned in sub-paragraph (a) or (c) of paragraph 1 of Schedule 9 to the 1968 Act, and

(b) the premises to which that permit relates form part of a track, and are situated in England or Wales.

(2) Where—

(a) the holder of the permit applies for a licensed premises gaming machine permit, and

(b) the application is one to which paragraph 27 applies,

Schedule 13 to the 2005 Act is to have effect in relation to that application as if paragraph 1(2) of that Schedule were omitted.

Continuation of other permits granted under section 34 of the Gaming Act 1968

31

(1) This paragraph applies to a permit under section 34 of the 1968 Act granted by the authority mentioned in paragraph 1(b) or (d) of Schedule 9 to that Act⁵⁸ in respect of non-amusement premises which—

(a) is in force immediately before 1st September 2007, or

(b) (if not so in force) is granted or renewed on or after that date.

(2) A permit to which this paragraph applies is referred to in this paragraph and in paragraphs 32 and 33 as a Category D gaming machine permit.

(3) A Category D gaming machine permit is to continue to have effect on and after 1st September 2007.

(4) Where a Category D gaming machine permit has effect in accordance with sub-paragraph (3), it is to authorise the holder to make available on the premises to which the permit relates a number of Category D gaming machines⁵⁹ equal to the number of lower value AWP machines which the permit would have authorised him to make available under the 1968 Act.

(5) A Category D gaming machine permit is to have effect until—

(a) in a case falling within paragraph (a) of sub-paragraph (1), whichever is the earlier of 31st July 2009 or the relevant expiry date; or

(b) in a case falling within paragraph (b) of that sub-paragraph, 31st July 2009.

(5A) Where in a case falling within sub-paragraph (5)(a)—

(a) the permit has effect immediately before 1st September 2007 by virtue of paragraph 19 of Schedule 9 to the 1968 Act; and

(b) the application under that Schedule for the renewal of the permit is granted on or after that date,

the permit is to have effect until 31st July 2009.

(6) Sub-paragraphs (5) and (5A) are subject to paragraph 33(8).

(7) In this paragraph—

(a) “lower value AWP machine” means a machine—

(i) to which Part 3 of the 1968 Act applies,

(ii) which is used for gaming (within the meaning of that Act), and

(iii) which complies with the conditions mentioned in subsection (1) of section 34 of that Act;

(b) “non-amusement premises” means any premises other than amusement machine premises; and

(c) “relevant expiry date”, in relation to a Category D gaming machine permit, means the date on which, as it had effect immediately before 1st September 2007, the permit was due to expire.

Continuation of Category D gaming machine permits: provision of information where permit issued in Scotland

32

(1) This paragraph applies to a Category D gaming machine permit which was granted in Scotland by the appropriate authority mentioned in paragraph 1(d) of Schedule 9 to the 1968 Act (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994⁶⁰).

(2) The council which granted the permit must on the relevant date, or as soon as practicable after that date, provide the relevant licensing board with the information specified in sub-paragraph (3).

(3) The information to be provided is—

(a) the name and address of the permit holder,

(b) the premises to which the permit relates,

(d) in a case falling within paragraph 31(1)(a), the date on which, as it had effect immediately before 1st September 2007, the permit was due to expire.

(4) In this paragraph—

(a) a reference to the relevant date is to—

(i) 1st September 2007, or

(ii) in a case falling within paragraph 31(1)(b), the date on which the permit is granted; and

(b) a reference to the relevant licensing board is to the licensing authority under the 2005 Act in whose area the premises to which the permit relates are situated.

Application of the Gambling Act 2005 to Category D gaming machine permits

33

(1) The 2005 Act is to apply to a Category D gaming machine permit on or after 1st September 2007 with the modifications specified in the following provisions of this paragraph.

(2) Subsection (1) of section 247 (which provides for Category D gaming machines to be made available under the authority of a family entertainment centre gaming machine permit) is to have effect as if the reference to a family entertainment centre gaming machine permit included a reference to a Category D gaming machine permit.

(3) In sections 37(7)(c) and 242(1) (which make it an offence respectively to use premises for providing facilities for gambling or to make gaming machines available for use), the reference to section 247 is to have effect as a reference to that section as modified by sub-paragraph (2).

(4) Section 309(2) (which provides for the inspection of premises in respect of which a family entertainment centre gaming machine permit has effect) is to have effect as if any reference to a family entertainment centre gaming machine permit included a reference to a Category D gaming machine permit.

(5) The provisions of Schedule 10 to the 2005 Act (which relates to family entertainment centre gaming machine permits) specified in sub-paragraph (6) are to apply to a Category D gaming machine permit as they apply to a family entertainment centre gaming machine permit.

(6) The provisions of Schedule 10 referred to in sub-paragraph (5) are paragraphs 11(2), 12(a), 13(1), 15 to 17, 19 to 21 and 22 (as that last paragraph has effect for the purposes of appeals under sub-paragraph (1)(c) of that paragraph).

(7) In paragraphs 11(2), 15(1), 16, 17(4) and 21 of Schedule 10 to the 2005 Act, any reference to the licensing authority is to have effect as a reference to the licensing authority in whose area the premises to which the permits relates are situated.

(8) Paragraph 12(a) of Schedule 10 to the 2005 Act is to have effect as if it provided for the permit to cease to have effect on the date determined in accordance with paragraphs 31(5) and (5A) above unless it ceases to have effect before that time in accordance with any of the provisions of that Schedule specified in sub-paragraph (6).

(9) Paragraph 13(1) of Schedule 10 to the 2005 Act is to have effect as if the reference to the premises specified under paragraph 11(1)(b) of that Schedule was a reference to the premises specified in the Category D gaming machine permit.

PART 4 — Licences etc. granted under the Gambling Act 2005 before 1st September 2007

Licences etc. issued under the Gambling Act 2005 before 1st September 2007

34

(1) Where a licence or permit is issued under the 2005 Act before 1st September 2007 (including where it is issued by virtue of a provision of this Schedule), it is not to take effect until that date.

(2) Sub-paragraph (1) is subject to paragraph 52 (which relates to personal licences issued before 1st September 2007).

Operating licences issued before 1st September 2007

35

(1) Where an operating licence is issued before 1st September 2007, section 100(1) of the 2005 Act (which makes operating licences subject to an annual fee) is to have effect in relation to the licence as if it provided for the holder to pay—

(a) a first annual fee to the Gambling Commission within the relevant period after 1st September 2007, and

(b) an annual fee to the Commission before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of section 100(1)(a) of the 2005 Act (as that provision has effect in relation to operating licences issued on or after 1st September 2007).

Premises licences issued before 1st September 2007

36

(1) Where a premises licence is issued before 1st September 2007, section 184(1) of the 2005 Act (which makes premises licences subject to an annual fee) is to have effect in relation to the licence as if it provided for the holder to pay—

(a) a first annual fee to the licensing authority within the relevant period after 1st September 2007, and

(b) an annual fee to the licensing authority before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of section 184(1)(a) of the 2005 Act (as that provision has effect in relation to premises licences issued on or after 1st September 2007 and which take effect on the date of issue).

Club gaming and machine permits issued before 1st September 2007

37

(1) Where a club gaming or club machine permit is issued before 1st September 2007, paragraph 14(1) of Schedule 12 to the 2005 Act (which makes club gaming and machine permits subject to an annual fee) is to have effect in relation to the permit as if it provided for the holder to pay—

(a) a first annual fee to the issuing licensing authority within the relevant period after 1st September 2007, and

(b) an annual fee to the issuing licensing authority before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of paragraph 14(1)(a) of Schedule 12 to the 2005 Act (as that provision has effect in relation to permits issued on or after 1st September 2007 and which take effect on the date of issue).

(3) Where a club gaming or club machine permit is issued before 1st September 2007, paragraph 17(1) of Schedule 12 to the 2005 Act (which provides for the duration of club gaming and machine permits) is to have effect in relation to the permit as if it provided for the permit to cease to have effect at the end of the period of ten years beginning on that date unless—

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

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

Licensed premises gaming machine permits issued before 1st September 2007

38

(1) Where a licensed premises gaming machine permit is issued before 1st September 2007, paragraph 9(1) of Schedule 13 to the 2005 Act (which makes licensed premises gaming machine permits subject to an annual fee) is to have effect in relation to the permit as if it provided for the holder to pay—

(a) a first annual fee to the issuing licensing authority within the relevant period after 1st September 2007, and

(b) an annual fee to the issuing licensing authority before 1st September in each year following 2007.

(2) In sub-paragraph (1), the relevant period is a period equal in length to the period prescribed for the purposes of paragraph 9(1)(a) of Schedule 13 to the 2005 Act (as that provision has effect in relation to permits issued on or after 1st September 2007 and which take effect on the date of issue).

PART 5 — Advance applications for operating licences by existing operators

Meaning of existing operator

39

(1) This paragraph specifies the circumstances in which a person making an advance application for an operating licence is to be treated for the purposes of this Part as an existing operator.

(2) Where the advance application is for a remote or non-remote casino operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a certificate of consent issued under paragraph 4 of Schedule 2 to the 1968 Act⁶¹ for the purposes of the grant of a casino licence; or

(b) he is applying for such a certificate and the application has not been withdrawn or refused.

(3) Where the advance application is for a remote or non-remote casino operating licence, a person (referred to in this sub-paragraph as “the first person”) is also an existing operator if on the date on which the advance application is made—

(a) another person holds a certificate of consent issued under paragraph 56 of Schedule 2 to the 1968 Act⁶², and the certificate relates to the transfer to the first person of a casino licence; or

(b) that other person is applying for such a certificate and the application has not been withdrawn or refused.

(4) Where the advance application is for a remote or non-remote bingo operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a certificate of consent issued under paragraph 4 of Schedule 2 to the 1968 Act for the purposes of the grant of a bingo club licence; or

(b) he is applying for such a certificate and the application has not been withdrawn or refused.

(5) Where the advance application is for a remote or non-remote bingo operating licence, a person (referred to in this sub-paragraph as “the first person”) is also an existing operator if on the date on which the advance application is made—

(a) another person holds a certificate of consent issued under paragraph 56 of Schedule 2 to the 1968 Act, and the certificate relates to the transfer to the first person of a bingo club licence; or

(b) that other person is applying for such a certificate and the application has not been withdrawn or refused.

(6) Where the advance application is for a remote bingo operating licence, a person is also an existing operator if on the date on which the advance application is made—

(a) he holds a multiple bingo certificate issued under the Schedule to the Gaming (Bingo) Act 1985⁶³, or

(b) he is applying to the Gambling Commission for such a certificate and the application has not been withdrawn or refused.

(7) Subject to sub-paragraph (7A) where the advance application is for a remote or non-remote general betting operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a bookmaker’s permit or a betting agency permit issued under Schedule 1 to the 1963 Act; or

(b) he is applying to the appropriate authority for such a permit, and the application (including any appeal) has not been withdrawn or finally determined.

(7A) The Horserace Totalisator Board is an existing operator in relation to any advance application the Board makes for a remote or non-remote general betting operating licence.

(8) Subject to sub-paragraph (9), where the advance application is for a remote or non-remote pool betting operating licence, a person is an existing operator if on the date on which the advance application is made—

(a) he is registered as a pool promoter under Schedule 2 to the 1963 Act; or

(b) he is applying to be so registered, and the application (including any appeal) has not been withdrawn or finally determined.

(9) Where the advance application is for a non-remote pool betting operating licence to authorise the provision of facilities for pool betting in connection with dog-racing, a person is an existing operator if on the date on which the advance application is made any of sub-paragraphs (10) to (12) applies.

(10) This sub-paragraph applies where the applicant for the non-remote pool betting operating licence—

(a) holds a track betting licence issued under that Schedule; or

(b) he is applying to the appropriate authority for such a licence, and the application (including any appeal) has not been withdrawn or finally determined.

(11) This sub-paragraph applies where—

(a) another person who holds a track betting licence is applying for the transfer of that licence to the applicant for the non-remote pool betting operating licence, and

(b) the application has not been finally determined.

(12) This sub-paragraph applies where the applicant for the non-remote pool betting operating licence operates a totalisator under the written authority of the occupier of a track given under section 16(1) of the 1963 Act⁶⁴.

(13) Where the advance application is for a remote pool betting operating licence to authorise the provision of facilities for pool betting in connection with dog-racing, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a licence for an inter-track betting scheme granted under Schedule 5ZA to the 1963 Act⁶⁵; or

(b) he is applying for such a licence, and the application (including any appeal) has not been withdrawn or finally determined.

(14) Where the advance application is for a gaming machine general operating licence in respect of an adult gaming centre or a family entertainment centre, a person is an existing operator if on the date on which the advance application is made—

(a) he holds a permit under section 34 of the 1968 Act—

(i) granted by one of the authorities mentioned in paragraph 1(b) or (d) of Schedule 9 to that Act⁶⁶ in respect of amusement machine premises; and

(ii) which is expressed to be granted for the purposes of subsection (5E) of that section⁶⁷; or

(b) he is applying to the appropriate authority for such a permit, and the application (including any appeal) has not been withdrawn or finally determined.

(15) Where the advance application is for a remote or non-remote lottery operating licence of the kind described in section 98(2)(c) of the 2005 Act (a lottery manager’s operating licence), a person is an existing operator if on the date on which the advance application is made—

(a) he holds a lottery manager’s certificate granted under Schedule 2A to the 1976 Act⁶⁸; or

(b) he is applying for such a certificate, and the application has not been withdrawn or finally determined.

Interim operating licences

40

(1) This paragraph applies where—

(a) an advance application for an operating licence is made by a person who is an existing operator in respect of one or more of the kinds of operating licence to which the application relates;

(b) the application is made before 28th April 2007; and

(2) This paragraph also applies where—

(a) a person makes an advance application for an operating licence and the application is for, or includes an application for—

(i) a betting intermediary operating licence,

(ii) a gaming machine technical operating licence where the activity specified in the application is restricted to the manufacture of gaming machines or parts of gaming machines,

(iii) a gaming machine technical operating licence where the activities specified in the application are restricted to the installation, adaptation, maintenance or repair of gaming machines or parts of gaming machines otherwise than for valuable consideration, or

(iv) a gambling software operating licence;

(b) the application is made before 28th April 2007; and

(3) The Gambling Commission must determine any such application within a period of four months beginning on the date on which the application is made.

(4) If the application is not finally determined within the period referred to in sub-paragraph (3), the applicant is to be treated, from the day immediately following that period until such time as the application is finally determined, as if he had been issued with an operating licence of the same description as that being applied for.

(5) Where—

(a) the application is for an operating licence of more than one of the kinds described in section 65(2) of the 2005 Act, and

(b) the applicant is an existing operator in respect of one or more, but not all, of the kinds of licence for which the application is made,

sub-paragraph (4) only has effect to provide for the grant of an operating licence of those kinds in respect of which the applicant is an existing operator.

(6) For the purposes of sub-paragraph (5), a person who makes an application to which sub-paragraph (2) applies is to be treated as an existing operator in relation to any part of the application falling within sub-paragraphs (i) to (iii) of paragraph (a) of that sub-paragraph.

(7) An operating licence granted by virtue of sub-paragraph (4) is referred to in this Schedule as an interim operating licence.

(8) Sub-paragraphs (3) and (4) are not to apply where a permit, registration or certificate, by virtue of which a person making an application for an operating licence qualifies as an existing operator, is revoked or cancelled before the end of the period referred to in sub-paragraph (3).

(9) Where such a permit, registration or certificate is revoked or cancelled after the end of that period but before the application for the operating licence is determined, any interim operating licence deemed to have been issued to the applicant by virtue of sub-paragraph (4) is to lapse.

(10) For the purposes of sub-paragraphs (8) and (9), a permit or registration is not to be treated as being revoked or cancelled until any period for appealing against that decision has elapsed; and, if an appeal is made, it is not to be treated as being revoked or cancelled unless and until the appeal is dismissed or abandoned.

(11) Sub-paragraphs (8) and (9) are subject to sub-paragraphs (12) and (13).

(12) Where in a case to which sub-paragraph (8) or (9) applies—

(a) the application is for an operating licence of more than one of the kinds described in section 65(2) of the 2005 Act, and

(b) the applicant is an existing operator in respect of more than one of the kinds of operating licence to which the application relates,

sub-paragraphs (8) and (9) are not to apply to the application, or any interim operating licence issued on the application, to the extent that the application is for a kind of operating licence where the applicant qualifies as an existing operator otherwise than by virtue of the permit, registration or certificate referred to in sub-paragraph (8).

(13) Sub-paragraphs (8) and (9) are not to apply where, notwithstanding the revocation or cancellation of a permit or certificate, the person making the application for an operating licence qualifies as an existing operator by reason of holding the same kind of permit or certificate in respect of different premises.

Modifications where the applicant qualifies as an existing operator because he is applying for a permission under the existing legislation

41

(1) This paragraph applies where a person qualifies as an existing operator in relation to a particular kind of operating licence only by reason of the fact that—

(a) on the date on which the application for an operating licence is made—

(i) he is applying to the Gambling Commission for a certificate of consent for the grant of a casino or bingo club licence, or

(ii) another person is applying under paragraph 56 of Schedule 2 to the 1968 Act for a certificate of consent to the transfer of a casino or bingo club licence to him;

(b) on that date he is applying to the Gambling Commission for a lottery manager’s certificate under Schedule 2A to the 1976 Act;

(c) on that date he is applying to the Gambling Commission for a multiple bingo certificate under the Schedule to the Gaming (Bingo) Act 1985;

(d) on that date he is applying for—

(i) a bookmaker’s or betting agency permit under the 1963 Act,

(ii) registration as a pool promoter under the 1963 Act, or

(iii) a permit under section 34 of the 1968 Act; or

(e) on that date—

(i) he is applying under Schedule 3 to the 1963 Act for a track betting licence, or

(ii) another person is applying for the transfer of such a licence to him.

(2) Sub-paragraphs (3) and (4) of paragraph 40 are not to apply where the application referred to in sub-paragraph (1) (“the application under the existing legislation”) is withdrawn or refused before the end of the period referred to in sub-paragraph (3) of that paragraph.

(3) Where, in any other case, the application under the existing legislation is withdrawn or refused before 1st September 2007, or is not determined by that date, any interim operating licence deemed to have been granted to the applicant by virtue of sub-paragraph (4) is to lapse.

(4) Sub-paragraphs (5) and (6) apply in relation to any application for an operating licence falling within paragraph (d) or (e) of sub-paragraph (1).

(5) The applicant must notify the Gambling Commission in writing if the application under the existing legislation is granted, and the notification must be given before the end of the period of 14 days beginning on the day on which the application is granted.

(6) Where the applicant fails to notify the Gambling Commission within the period specified in sub-paragraph (5), paragraph 40(4) is to cease to apply in relation to the application for the operating licence after the end of that period.

Application of the Gambling Act 2005 to interim operating licences

42

(1) Section 74(2) of the 2005 Act (which requires the Gambling Commission to notify the applicant and issue the operating licence as soon as reasonably practicable after its grant) is not to have effect in relation to an interim operating licence.

(2) In exercising its powers under section 75 of the 2005 Act (powers of Gambling Commission to impose general conditions on operating licences), the Gambling Commission must specify any conditions which are to apply to an interim operating licence or an interim operating licence falling within a specified class.

(3) Where an interim operating licence has effect before the date on which the Commission publish in accordance with section 76(3) of the 2005 Act the specification of any condition which applies to the licence, the licence is to be subject to the condition on and after that date.

(4) Where an interim operating licence has effect on or after the date on which the Commission so publish the specification of any condition which applies to the licence, the licence is to be subject to the condition as soon as it has effect.

(5) Regulations under section 78 of the 2005 Act (which allows conditions to be imposed on operating licences by the Secretary of State) may specify conditions which are to apply to each interim operating licence or to interim operating licences falling within a specified description.

(6) In subsection (2) of section 78 of the 2005 Act, the reference to licences issued before regulations under that section are made is to include a reference to interim operating licences having effect before such regulations are made.

(7) The following provisions of the 2005 Act are not to apply to interim operating licences—

(a) section 100 (which provides for the payment of an annual fee by the holder of an operating licence);

(b) sections 104 to 107 (which make provision respectively for applications to vary operating licences, amendments to licences, registration of licences, copies of licences and production of licences); and

(c) section 111 (which provides for the Gambling Commission to have power to limit the duration of operating licences) and section 112 (which makes provision about the renewal of operating licences).

(8) Section 110 (which provides for the duration of operating licences) is to have effect in relation to an interim operating licence as if it provided for the licence to cease to have effect when the advance application made by the existing operator is finally determined, unless and until it ceases to have effect before that date in accordance with section 113, 114, 115, 118 or 119 of the 2005 Act (which provide respectively for the surrender, lapse, forfeiture, suspension and revocation of operating licences).

Premises restriction applying to certain dog racing interim pool betting operating licences

43

(1) This paragraph applies where—

(a) a person holds a non-remote interim pool betting operating licence which authorises the provision of facilities for pool betting in connection with dog-racing, and

(b) he holds that licence by reason of the fact that, on the date on which he made the advance application for the relevant operating licence, he was authorised in writing under section 16 of the 1963 Act by the occupier of a track to operate a totalisator on the track.

(2) Subject to the following provisions of this paragraph, section 84 of the 2005 Act (which makes provision about the conditions attached to operating licences about the provision of the licensed activities on specified premises) is to have effect in relation to the interim operating licence as if it provided for the licence to have effect subject to a condition requiring the holder to carry on the activities authorised by the licence only at the track referred to in sub-paragraph (1)(b).

(3) Sub-paragraph (4) applies where, on the date on which the holder of the interim operating licence made the advance application for the relevant operating licence, he was authorised under section 16 of the 1963 Act to operate a totalisator at more than one track.

(4) Where this sub-paragraph applies, section 84 of the 2005 Act is to have effect in relation to the interim operating licence as if it provided for the licence to have effect subject to a condition requiring the holder to carrying on the activities authorised by the licence only at those tracks where he was authorised under section 16 of the 1963 Act to operate a totalisator on the date on which he made the advance application for the relevant operating licence.

PART 6 — Transitional arrangements with respect to personal licences

Interpretation of Part 6

44

Any reference in this Part of this Schedule to a provision of Part 5 of the 2005 Act is to have effect as a reference to that provision as applied by section 128 of that Act.

Continuation of certificates under section 19 of the Gaming Act 1968 on and after 1st September 2007

45

(1) This paragraph applies to a certificate issued under section 19 of the 1968 Act (which provides for persons exercising specified functions on premises licensed under that Act to be approved by the Gambling Commission) which—

(a) is in force immediately before 1st September 2007, or

(b) is granted on or after that date.

(2) A certificate to which this paragraph applies is referred to in this Part as a section 19 certificate.

(3) A section 19 certificate is to have effect on and after 1st September 2007.

(4) Subject to sub-paragraphs (5) to (6C), where a section 19 certificate has effect in accordance with sub-paragraph (3), its effect is to authorise the person to whom it was issued, in connection with the provision of facilities for gambling in reliance on a non-remote casino or bingo operating licence—

(a) to perform the functions specified in the certificate on the premises so specified, or

(b) to perform any functions reasonably necessary for the purposes of acting in the capacity specified in the certificate in relation to the premises so specified.

(5) Sub-paragraph (6) applies to any certificate under section 19 of the 1968 Act where the holder of the certificate applies (whether before, on or after 1st September 2007) for a personal licence to authorise the performance of functions which include the functions authorised by the certificate.

(6) The section 19 certificate is to have effect on and after—

(a) 1st September 2007, or

(b) if the application referred to in paragraph (5) is made after that date, the date on which the application is made,

as if it authorised the holder to perform the functions referred to in the certificate in or in relation to any premises in respect of which, as the case may be, a casino or bingo premises licence has effect (and not only in or in relation to the premises specified in the certificate).

(6A) Sub-paragraph (6B) applies to any section 19 certificate (“the existing certificate”) where—

(a) the holder of the certificate is applying for a new certificate under section 19 of the 1968 Act (“the new certificate”), and

(b) immediately before 1st September 2007 that application has not been determined or withdrawn.

(6B) In sub-paragraph (6A), the reference to an application for a new section 19 certificate is to an application for a certificate under section 19 of the 1968 Act—

(a) whose effect would be to authorise the performance of functions to which subsection (1) of that section applies, and

(b) which would apply to different premises from those to which the existing certificate applies.

(6C) The existing certificate is to have effect on and after 1st September 2007 as if it authorised the holder to perform functions in or in relation to the premises to which the new certificate would apply (as well as in or in relation to the premises specified in the existing certificate).

(6D) If the application for a personal licence referred to in sub-paragraph (5) or the application for a certificate under section 19 of the 1968 Act referred to in sub-paragraph (6A) is rejected, sub-paragraph (6) or (as the case may be) sub-paragraph (6C) shall cease to have effect in relation to the section 19 certificate.

(7) On and after 1st September 2007 a section 19 certificate is to have effect subject to any relevant personal licence conditions.

(8) In sub-paragraph (7), references to relevant personal licence conditions in relation to a section 19 certificate are to—

(a) any conditions in relation to personal licences—

(i) for the time being specified by the Gambling Commission under section 75 of the 2005 Act, or

(ii) for the time being specified by the Secretary of State in regulations under section 78 of that Act,

and which apply to the performance of the functions authorised by the certificate; ...

(aa) the conditions specified in sections 82(1) and 83(1) of the 2005 Act; and

(b) any conditions attached to the certificate by virtue of paragraph 48(3).

Duration of section 19 certificates

46

(1) Subject to the following provisions of this paragraph, a section 19 certificate is to have effect until 31st December 2009.

(2) Where—

(a) the holder of a section 19 certificate applies for a personal licence to authorise the performance of functions which include the functions authorised by the certificate, and

(b) that application is made before 31st August 2009,

the certificate is not to cease to have effect by virtue of paragraph (1) before the application is finally determined or is withdrawn.

(3) A section 19 certificate is to cease to have effect before 31st December 2009 if it ceases to have effect in accordance with—

(a) section 113, 114, 115, 118 or 119 of the 2005 Act (which, as applied by section 128, provide respectively for the surrender, lapse, forfeiture, suspension and revocation of personal licences), or

(b) sub-paragraphs (4) and (5).

(4) A section 19 certificate is to cease to have effect if the person to whom it was issued is granted a personal licence authorising the performance of functions which include all the functions authorised by the certificate.

(5) Where sub-paragraph (4) applies, the certificate is to cease to have effect immediately before the personal licence has effect.

Application of the Gambling Act 2005 to section 19 certificates

47

(1) This paragraph applies where an operating licence is subject to a condition that a specified function is to be performed—

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

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

(2) The condition referred to in sub-paragraph (1) is to be treated as having been complied with if—

(a) the function is performed by an individual who holds a section 19 certificate authorising the performance of the function, and

(b) it is performed in accordance with any relevant personal licence conditions having effect in relation to the certificate.

(3) The following provisions of the 2005 Act are to have effect in relation to a section 19 certificate as if any reference in those provisions to a personal licence included a reference to the certificate—

(a) in Part 5, section 107 (which enables the Gambling Commission to issue copies of personal licences where lost, stolen or damaged), 113, 114 and 115, and

(b) in Part 6—

(i) section 134 (which requires a personal licence holder to produce the licence to a constable or enforcement officer),

(ii) section 138 (which specifies actions to be taken by an operating licence holder where the holder of a personal licence is convicted of a relevant offence), and

(iii) section 139 (which makes it an offence for the holder of a personal licence to act outside the terms and conditions of his licence in relation to activities authorised by an operating licence).

(4) In this paragraph, “relevant personal licence conditions” has the meaning given by paragraph 45(8).

Application of review provisions to section 19 certificates

48

(1) Sections 116 to 122 of the 2005 Act (which make provision with respect to the review of operating licences) are to apply to section 19 certificates and the persons to whom such certificates are issued as they apply to personal licences and the holders of such licences, but with the modifications specified in the following provisions of this paragraph.

(2) In section 116(2) (scope of Gambling Commission’s powers to carry out a review) the reference to a condition of the personal licence is to have effect as a reference to any relevant personal licence conditions having effect in relation to the section 19 certificate.

(3) Following a review under subsection (2) of section 116, the Gambling Commission may—

(a) attach an additional condition to the certificate, or

(b) remove or amend a condition attached under this paragraph as a result of a previous review under that subsection

(4) Section 117(1) (regulatory powers of the Gambling Commission on a review) is to have effect—

(a) as if paragraph (b) provided for the Gambling Commission to have power to attach an additional condition to the certificate under sub-paragraph (3) above,

(b) as if paragraph (c) provided for the Gambling Commission to have power to remove or amend a condition attached to the certificate under that sub-paragraph, and

(5) Section 118 (powers of Gambling Commission to suspend a personal licence following a review) is to have effect with the omission of subsection (3).

(6) Section 119 (powers of Gambling Commission to revoke a personal licence following a review) is to have effect with the omission of subsections (2) and (3).

(7) Section 120 (which specifies the conditions which are to apply if the Gambling Commission is to exercise its powers to suspend or revoke a personal licence) is to have effect with the omission of subsection (2), and in that section—

(a) in subsection (1)(b), the reference to a condition of the licence having been breached is to have effect as a reference to a relevant personal licence condition having been breached; and

(b) in subsection (3), the reference to carrying on the licensed activities is to have effect as a reference to performing the functions to which the section 19 certificate relates.

(8) In section 121 (which enables the Gambling Commission to impose financial penalties on personal licence holders) any reference (however expressed) to a breach of a condition of a personal licence is to have effect as a reference to a breach of a relevant personal licence condition.

(9) In section 122 (which enables the Gambling Commission to require a personal licence holder to provide information)—

(a) in subsection (1)(c), the reference to the licensed activities is to have effect as a reference to the performance of the functions to which the section 19 certificate relates;

(b) in subsection (4)—

(i) in paragraph (a), the reference to a condition of the personal licence is to have effect as a reference to any relevant personal licence conditions; and

(ii) in paragraph (b), reference to carrying on the licensed activities is to have effect as a reference to performing the functions to which the section 19 certificate relates.

(10) Section 141 of the 2005 Act (which provides for appeals to the Gambling Appeals Tribunal) is to have effect in relation to a section 19 certificate as if—

(a) in subsections (6) to (8), references to the Gambling Commission taking action, or determining to take action, under section 117, 118 or 119, included references to the Gambling Commission taking action, or determining to take action, under any of those sections in relation to the certificate;

(b) in subsection (9), the reference to the Gambling Commission giving notice of a penalty under section 121(4) included giving such a notice in relation to the certificate; and

(11) In this paragraph, “relevant personal licence conditions” has the meaning given by paragraph 45(8).

Interim personal licences

49

(1) This paragraph applies to—

(a) an advance application for a personal licence authorising the performance of the functions of a specified management office; or

(b) an advance application for a personal licence authorising the performance of a relevant operational function, where the application is made by a person who holds a section 19 certificate.

(2) Where the application—

(a) is made before 30th June 2007, and

(b) complies with the requirements of section 69(2)(g) and (3) of the 2005 Act,

the Gambling Commission must determine the application and inform the applicant of its decision before the end of the period of two months beginning on the day after the day on which the application is made.

(3) Where the application is not finally determined before the end of the period referred to in sub-paragraph (2), the Gambling Commission is to be treated as having issued to the applicant on the day immediately following the end of that period a personal licence of the same description as that being applied for.

(4) Where the application is for a multiple licence which authorises the performance of more than one function, sub-paragraph (2) is to have effect as if it provided for the Gambling Commission to be treated as having issued a personal licence which—

(a) in a case falling within sub-paragraph (1)(a), authorises the performance of the functions of any management office specified in the application;

(b) in a case falling within sub-paragraph (1)(b), authorises the performance of any relevant operational functions specified in the application, or

(c) in a case falling within both paragraphs (a) and (b) of sub-paragraph (1), authorises the performance of the functions of any management office and any relevant operational functions specified in the application.

(5) A personal licence deemed to have been granted by virtue of sub-paragraph (3) is referred to in this Part as an interim personal licence.

(6) In this paragraph—

(a) “management office” has the meaning given to it by section 80(5) of the 2005 Act,

(b) “operational function” has the meaning given to it by section 80(6) of that Act, and

(i) which is to be performed in premises in respect of which a casino or bingo premises licence has effect, and

(ii) which falls within any of the descriptions in subsection (2) of section 19 of the 1968 Act.

Application of Part 5 of the Gambling Act 2005 to interim personal licences

50

(1) Part 5 of the 2005 Act (as applied by section 128 of that Act to personal licences) is to have effect in relation to interim personal licences subject to the modifications specified in the following provisions of this paragraph.

(2) In exercising its powers under section 75 (powers of Gambling Commission to impose general conditions on personal licences), the Gambling Commission must specify any conditions which are to apply to an interim personal licence or an interim personal licence falling within a specified class.

(3) Where an interim personal licence has effect before the date on which the Commission publish in accordance with section 76(3) the specification of any condition which applies to the licence, the licence is to be subject to the condition on and after that date.

(4) Where an interim personal licence has effect on or after the date on which the Commission so publish the specification of any condition which applies to the licence, the licence is to be subject to the condition as soon as it has effect.

(5) Regulations under section 78 (which allows the Secretary of State to make regulations specifying conditions to be imposed on operating licences) may specify conditions which are to apply to each interim personal licence or to interim personal licences falling within a specified description.

(6) In subsection (2) of section 78, the reference to licences issued before regulations under that section are made is to include a reference to interim personal licences having effect before such regulations are made.

(7) Part 5 of the 2005 Act is to have effect as if sections 104 to 106 (which make provision respectively for applications to vary personal licences, amendments to licences, registration of licences and copies of licences) were omitted.

Application of Part 6 of the Gambling Act 2005 to interim personal licences

51

(1) Part 6 of the 2005 Act is to have effect in relation to interim personal licences subject to the modifications specified in the following provisions of this paragraph.

(2) Section 131 (which provides for the duration of personal licences) is to have effect as if it provided for an interim personal licence to cease to have effect when the application referred to in paragraph 49(1) is finally determined, unless and until it ceases to have effect before that date in accordance with section 113, 114, 115, or 119 of the 2005 Act (which provide respectively for the surrender, lapse, forfeiture and revocation of operating licences).

(3) Part 6 is to have effect as if sections 132 and 134 (which make provision as to fees and the production of personal licences) were omitted.

Personal licences issued before 1st September 2007

52

(1) Subject to the following provisions of this paragraph, where a personal licence (including an interim personal licence) is issued under the 2005 Act before 1st September 2007, it is not to take effect until that date.

(2) Where a personal licence authorises a person to carry out one or more of the functions described in subsection (2) of section 19 on premises in respect of which a casino or bingo premises licence has effect, that person is to be treated for the purposes of subsection (1) of that section as if he had been issued with a certificate certifying that he has been approved by the Gambling Commission to perform the functions concerned on any premises in respect of which a licence under the 1968 Act has effect.

(3) Where a person is served with a notice under subsection (3) of section 19 of the 1968 Act, the person on whom the notice is served is to be treated for the purposes of subsection (4) of that section as having been approved by the Commission to act in the capacity for which the notice requires him to obtain approval if—

(a) he has been granted a personal licence authorising the performance of the functions to which the notice relates, or

(b) he has applied for such a licence and the application has not been finally determined.

(4) Where before 1st September 2007 the Gambling Commission revoke a personal licence to which sub-paragraph (2) or (3) applies in exercise of their powers under section 119 of the 2005 Act, the person who held the licence is to cease to be treated for the purposes of section 19(1) or (4) of the 1968 Act as having been approved to perform the functions whose performance had been authorised by the licence.

PART 7 — Conversion of licences etc. issued under enactments to be repealed into premises licences under the Gambling Act 2005

Existing premises operators

53

(1) This paragraph specifies the circumstances in which a person is to be treated for the purposes of this Part as the existing premises operator in relation to premises which are the subject of an application for a premises licence.

(2) Where the application is for a casino premises licence, a person is the existing premises operator in relation to the premises to which the application relates if—

(a) on the date on which the application is made he holds a casino licence in respect of the same or substantially the same premises; or

(b) on that date—

(i) he is applying for the grant of such a licence, and

(ii) the application (including any appeal) has not been finally determined or withdrawn.

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

(4) Where the application is for a bingo premises licence, a person is the existing premises operator in relation to the premises to which the application relates if—

(a) on the date on which the application is made he holds a bingo club licence in respect of the same or substantially the same premises; or

(b) on that date—

(i) he is applying for the grant of such a licence, and

(ii) the application (including any appeal) has not been finally determined or withdrawn.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the application is for a betting premises licence, a person is the existing premises operator in relation to the premises to which the application relates if—

(a) on the date on which the application is made he is—

(i) the holder of a betting office licence issued under Schedule 1 to the 1963 Act in respect of the same or substantially the same premises,

(ii) the holder of a track betting licence issued under Schedule 3 to the 1963 Act in respect of the same or substantially the same premises, or

(iii) the holder of a certificate of approval issued under section 13 of that Act⁶⁹ (which provides for the approval of horse racecourses by the Levy Board), other than a point to point certificate, in respect of the same or substantially the same premises; or

(b) on that date—

(i) he is applying to the appropriate authority for the grant of such a licence or certificate, and

(ii) the application (including any appeal) has not been finally determined or withdrawn.

(7) In sub-paragraph (6)(a)(iii), the reference to a point to point certificate is to a certificate issued under section 13 of the 1963 Act which is subject to the restriction that the premises to which it relates may only be used for the purposes of a horse racecourse on a limited number of days during a specified period of no more than 12 months.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Where the application is for an adult gaming centre premises licence or a family entertainment centre premises licence, a person is the existing premises operator in relation to the premises to which the application relates if on the date on which the application is made the conditions in sub-paragraph (10) or (11) are met.

(10) The conditions are that—

(a) the person concerned holds a permit under section 34 of the 1968 Act (which makes provision with respect to the use of machines to which Part 3 of that Act applies for gaming) granted by one of the authorities mentioned in paragraph 1(b) or (d) of Schedule 9 to that Act⁷⁰;

(b) the permit relates to the same or substantially the same premises as those to which the application for the premises licence relates, and those premises are amusement machine premises; and

(11) The conditions are that—

(a) the person concerned is applying to the relevant authority referred to in paragraph (a) of sub-paragraph (10) for a permit of the description mentioned in paragraphs (b) and (c) of that sub-paragraph, and

(b) the application (including any appeal) has not been finally determined or withdrawn.

Conversion of existing licences etc. into premises licences

54

(1) Subject to paragraph 66(4)(b), this paragraph applies to an advance application for a premises licence which—

(a) meets the conditions in sub-paragraphs (1A), (1B) and (1D), and

(b) in a case to which sub-paragraph (1B)(b) applies, also meets the condition in sub-paragraph (1E).

(1A) The first condition is that the application relates to premises in respect of which a person is an existing premises operator.

(1B) The second condition is that the application is made by—

(a) the existing premises operator in relation to those premises; or

(b) a person who is acting with the written consent of the existing premises operator.

(1C) Sub-paragraph (1B)(b) is only to apply where the person who is the existing premises operator in relation to the premises to which the application relates qualifies as such by reason of the fact that he holds—

(a) a licence under the 1968 Act,

(b) a betting office licence issued under Schedule 1 to the 1963 Act,

(d) a certificate of approval issued under section 13 of the 1963 Act, or

(e) a permit under section 34 of the 1968 Act.

(1D) The third condition is that the application complies with any conditions or requirements of subsections (1) to (5) and (6)(c) of section 159 of the 2005 Act (which specifies the conditions and requirements to be met by a person applying for a premises licence).

(1E) The fourth condition, which only applies in a case falling within sub-paragraph (1B)(b), is that the application for the premises licence is accompanied by—

(a) the document containing the written consent of the existing premises operator, and

(b) a copy of the licence, certificate or permit referred to in sub-paragraph (1C) or, where it is not reasonably practicable to produce a copy of the licence, certificate or permit, a statement explaining why it is not reasonably practicable to do so.

(2) An application to which this paragraph applies is referred to in this Part as a conversion application.

(3) Part 8 of the 2005 Act is to have effect in relation to the making and determination of a conversion application subject to the following provisions of this Part.

(4) Subject to sub-paragraph (5A) and paragraphs 55(2) and (3), 58(1) and 59(4) and (5), the licensing authority must grant the application.

(5) Section 163(2) of the 2005 Act (which prohibits a licensing authority from determining an application for a premises licence if the applicant does not hold a relevant operating licence) is not to have effect in relation to a conversion application; but any licence issued on such an application in accordance with sub-paragraph (4) is to lapse if the holder’s application for a relevant operating licence is rejected when it is finally determined.

(5A) Where—

(a) a person making a conversion application does not hold a relevant operating licence on the date on which he makes the application, and

(b) that person’s application for a relevant operating licence is rejected before the conversion application is granted,

the licensing authority must reject the conversion application; and if the licensing authority grant the conversion application, any premises licence issued on such an application shall be of no effect.

(6) In sub-paragraph (5) the reference to a relevant operating licence is to an operating licence which authorises the holder to carry on the activity to which the premises licence relates.

(7) Subject to sub-paragraph (8), section 206(2) of the 2005 Act (which provides for rights of appeal in connection with applications under Part 8 of that Act) is not to apply where an application is granted in pursuance of sub-paragraph (4).

(8) Sub-paragraph (7) is without prejudice to the right of—

(a) the applicant, or

(b) a person who made representations in relation to the application,

to appeal against any conditions attached by virtue of section 169(1) of the 2005 Act to a premises licence issued in pursuance of sub-paragraph (4).

(9) In this paragraph “relevant operating licence” in relation to a conversion application means an operating licence (other than an interim operating licence) which authorises the person making the application to carry on the activity in respect of which the premises licence is sought.

Failure to make the application for a premises licence in the appropriate form or manner

55

(1) This paragraph applies to any application for a premises licence which—

(a) is a conversion application, but

(b) either—

(i) does not comply with a requirement imposed under paragraph (a) or (b) of section 159(6) of the 2005 Act, or

(ii) includes a plan of the proposed licensed premises which is incompatible with any conditions which would be attached to the premises licence by virtue of regulations under section 167 of the 2005 Act.

(2) Where—

(a) the applicant has failed to comply with a requirement imposed under paragraph (a) or (b) of section 159(6) of the 2005 Act, and

(b) the licensing authority give notice in writing to the applicant requesting him to do anything which is necessary for the purposes of complying with the requirement,

the licensing authority are to cease to be under a duty by virtue of paragraph 54(4) to grant the application until such time as the applicant complies with the request.

(3) Where the application includes a plan of the proposed licensed premises which is incompatible with any conditions which would be attached to the premises licence by virtue of regulations under section 167 of the 2005 Act, the licensing authority—

(a) may not grant the application until such time as the applicant has submitted an amended plan which is compatible with the relevant conditions, and

(b) must give the applicant notice in writing—

(i) indicating that the plan is incompatible with specified conditions to be attached to the premises licence, and

(ii) requesting the applicant to submit an amended plan which is compatible with those conditions.

(4) In the case of an application made before 31st July 2007, the applicant must comply with any request made under sub-paragraph (2) or (3) within such period as may be specified in the relevant notice (such period not being less than 14 days from the date on which the notice is received).

(5) If, in a case to which paragraph 62 applies, the applicant fails to comply with the request within the period specified in accordance with sub-paragraph (4)—

(a) that paragraph is to cease to apply after the end of that period; and

(b) where that period expires on or after 1st September 2007, the existing licence, permit or certificate (within the meaning of that paragraph) is to cease to have effect immediately following the expiry of that period.

Non-fast track applications: modification of provisions of the Gambling Act 2005

56

(1) This paragraph applies to a conversion application which is accompanied by a request made by the applicant for the licensing authority to exercise its powers under section 169(1) of the 2005 Act to exclude, or vary in a specified manner, a condition which would otherwise be attached to the licence by virtue of regulations under section 168 of that Act (which provides for default conditions to be prescribed by regulations).

(2) In this Part any reference to a non-fast track application is to an application to which this paragraph applies.

(3) Section 169 of the 2005 Act is to have effect in relation to a premises licence issued on a non-fast track application subject to the following modifications.

(4) Subject to sub-paragraph (5) and paragraph 57A, in issuing the premises licence the licensing authority may only exercise its powers under section 169(1) for the purposes of complying with the request referred to in sub-paragraph (1).

(5) Where the licensing authority exercises its powers under subsection (1) of section 169 for the purposes of complying with the request referred to in sub-paragraph (1), it may also exercise its powers under that subsection to attach one or more other conditions to the licence.

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