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

Fast track applications: modification of provisions of the Gambling Act 2005

57

• (1) This paragraph applies to a conversion application which is not a non-fast track application.

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

• (3) Part 8 of the 2005 Act is to have effect subject to the modifications specified below.

• (4) Section 160(1) of the 2005 Act (which enables the Secretary of State by regulations to require applicants for premises licences to give notice of their applications) is to have effect as if the reference in that provision to an applicant for a premises licence did not include a person making a fast track application.

• (5) Sections 161 and 162 of that Act (which respectively provide for representations to be made by persons with respect to premises licence applications, and specify the circumstances in which a hearing is to take place) are not to apply to fast track applications.

• (6) Subject to paragraph 57A, the powers of the licensing authority under section 169(1) of the 2005 Act—

• (a) to attach conditions on issuing a premises licence, and

• (b) to exclude a condition that would otherwise be attached to the licence by virtue of regulations under section 168 of that Act,

are not to apply to a licence issued on a fast track application.

• (7) A person may make either a fast-track or a non-fast track application, but not both in respect of the same premises; and, where a person submits both a fast-track and a non-fast track application, the licensing authority must reject the non-fast track application.

Effect of revocation or cancellation of existing licence etc.

58

• (1) Where—

• (a) a person makes a conversion application, and

• (b) the licence, permit or certificate by virtue of which he qualifies as the existing premises operator in relation to the application (“the existing licence, permit or certificate”) is revoked or cancelled,

the licensing authority must reject the application.

• (2) Where despite sub-paragraph (1) the licensing authority purport to grant the premises licence in respect of which the application is made, the licence is to be of no effect.

• (3) Where the existing licence, permit or certificate is revoked or cancelled after the licensing authority has issued a premises licence in pursuance of paragraph 54(4), the premises licence is to lapse on the date on which the existing licence is revoked or cancelled.

• (4) Where the existing licence is a casino licence or a bingo club licence, any reference in this paragraph to the licence being revoked is to include a reference to the licence ceasing to have effect by virtue of paragraph 35(6) of Schedule 2 to the 1968 Act⁷² because the relevant certificate of consent issued under that Schedule has been revoked.

Conversion of existing licences etc. into premises licences: supplementary provisions

59

• (1) This paragraph applies to an advance application for a premises licence made by a person who qualifies as the existing premises operator in relation to the premises because on the date on which the application is made an application is also being made for—

• (a) the grant of a betting office licence under the 1963 Act,

• (b) the grant ... of a track betting licence under that Act ,

• (c) the grant of a certificate of approval under section 13 of that Act,

• (d) the grant ... of a casino licence under the 1968 Act,

• (e) the grant ... of a bingo club licence under that Act, or

• (f) the grant of a permit under section 34 of that Act in respect of amusement machine premises.

• (2) Any reference in this Part to the application under the existing legislation (including any reference to the application for transfer under the existing legislation) is to the relevant application referred to in sub-paragraph (1).

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

• (4) Where the application is a conversion application, sub-paragraph (4) of paragraph 54 is to be modified so that—

• (a) the licensing authority may not determine the application for the premises licence before being notified in writing by the applicant that the application under the existing legislation has been determined; and

• (b) the licensing authority are to be under a duty to grant the application for a premises licence only where the application under the existing legislation is granted and the applicant has sent them a copy of the relevant licence, permit or certificate.

• (5) Where the application under the existing legislation is refused, the licensing authority must reject the application for the premises licence.

• (6) Where despite the refusal of the application under the existing legislation the licensing authority purport to grant the premises licence, the licence is to be of no effect.

• (7) Where, in a case to which paragraph 54 applies, the application under the existing legislation is granted before 1st September 2007, paragraph 58 is to apply to a licence, permit or certificate granted on such an application as it applies to the existing licence, permit or certificate in a case to which that paragraph applies.

Special provision where the application under the existing legislation is for the transfer of a licence

60

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Special provisions where the application for the premises licence and the application under the existing legislation are being made to the same authority

61

• (1) Sub-paragraph (4) applies to a conversion application for an adult gaming centre premises licence or a family entertainment centre premises licence where—

• (a) the person making the application qualifies as the existing premises operator by reason of the fact that on the date on which he makes the application he is also applying for a permit under section 34 of the 1968 Act in respect of amusement machine premises, and

• (b) both the application for the premises licence and the application for the permit are being made to the same local authority in England or Wales.

• (2) Sub-paragraph (4) also applies to any of the applications specified in sub-paragraph (3) where—

• (a) the person making the application qualifies as the existing premises operator by reason of the fact that on the date on which he makes the application he is also making an application of one of the types referred to in paragraph (a), (d) or (e) of paragraph 59(1), and

• (b) both the application for the premises licence and the application under the 1963 Act or the 1968 Act are being made to the same licensing board in Scotland.

• (3) The applications referred to in sub-paragraph (2) are—

• (a) a conversion application for a casino premises licence,

• (b) a conversion application for a bingo premises licence, and

• (c) a conversion application for a betting premises licence.

• (4) Where this sub-paragraph applies, paragraph 59 is to have effect as if in sub-paragraph (4)(b), the words “and the applicant has sent them a copy of the relevant licence, permit or certificate” were omitted.

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

Continuation of existing licences, permits and certificates on and after 1st September 2007

62

• (1) Subject to ... paragraph 55(5), this paragraph and paragraphs 63 and 64 apply where—

• (a) a conversion application is made before 31st July 2007;

• (b) the person, who is the existing premises operator in relation to the premises to which the application relates, is the holder immediately before 1st September 2007 of a licence, permit or certificate of one of the kinds described in paragraph 53 ( referred to in this paragraph and in paragraphs 63 and 64 as “the existing licence, permit or certificate”); and—

• (i) it is by virtue of that licence, certificate or permit that he qualifies as the existing premises operator for the purposes of the application, or

• (ii) it is by virtue of an application for the grant ... of that licence, certificate of permit that he qualifies as the existing premises operator for the purposes of the application;

• (c) the licensing authority are under a duty to grant the application by virtue of paragraph 54(4); and

• (d) the licensing authority have not issued the premises licence to the applicant before 1st September 2007.

• (2) The existing licence, permit or certificate is to continue in force on and after 1st September 2007.

• (2A) Where the person making the conversion application is not the existing premises operator, the existing licence, permit or certificate is to be treated for the purposes of this paragraph and paragraphs 63 and 64 as if it was issued to the person making the conversion application; and it is to have effect on and after 1st September 2007 accordingly.

• (3) Sub-paragraph (2) is to apply whether or not the existing licence, permit or certificate was due to expire at the end of 31st August 2007.

• (4) Where the application for the premises licence is one to which paragraph 59 applies, sub-paragraph (2) is not to apply, or (as the case may be) is to cease to apply, to the existing licence, permit or certificate unless—

• (a) the applicant notifies the licensing authority in writing of the grant of the existing licence, permit or certificate before the end of the period of 14 days beginning on the day on which it is granted, and

• (b) provides the authority with a copy of the relevant licence, permit or certificate.

• (5) Sub-paragraph (4) does not apply where the application for the premises licence is one to which paragraph 61(4) applies.

• (6) On and after 1st September 2007—

• (a) a casino licence is to have effect to authorise the licensed premises to be used for providing facilities for gambling as if it were a converted casino premises licence;

• (b) a bingo club licence is to have effect to authorise the licensed premises to be used for providing facilities for gambling as if it were a bingo premises licence;

• (c) a betting office licence under the 1963 Act, a track betting licence under that Act or a certificate of approval under section 13 of that Act is to have effect to authorise the premises to which the licence or certificate relates to be used for providing facilities for gambling as if it were a betting premises licence;

• (d) a permit under section 34 of the 1968 Act is to have effect to authorise the premises to which the permit relates to be used for the purposes of providing facilities for gambling as if it were a relevant premises licence.

• (7) In sub-paragraph (6)(d) the reference to a relevant premises licence is to—

• (a) an adult gaming centre premises licence, if the conversion application is for a adult gaming centre premises licence;

• (b) a family entertainment centre premises licence, if the conversion application is for a family entertainment centre premises licence.

• (8) On and after 1st September 2007 the existing licence, permit or certificate is to have effect—

• (a) subject to any relevant premises licence conditions, and

• (b) until the premises licence which is being applied for has been issued or, in a case to which sub-paragraph (5A) of paragraph 54 applies, until the date on which the application for the relevant operating licence referred to in that sub-paragraph is rejected.

• (9) In sub-paragraph (8) and in paragraph 64, references to relevant premises licence conditions are to—

• (a) any conditions which premises licences of the relevant kind are subject to by virtue of any provision of the 2005 Act (including any provision of that Act as modified by a provision of this Schedule),

• (b) any conditions which premises licences of the relevant kind are subject to by virtue of regulations under section 167 of that Act,

• (c) any default conditions, and

• (d) any conditions attached to the existing licence, permit or certificate under paragraph 64(3).

• (10) In sub-paragraph (9)(c) and paragraph 64, references to default conditions are to any conditions prescribed in regulations under section 168 in relation to premises licences of the relevant kind.

• (11) Sub-paragraph (9)(c) is subject to paragraph 64(3)(a).

Application of the Gambling Act 2005 to the existing licence, permit or certificate

63

• (1) The 2005 Act is to apply to the existing licence, permit or certificate on or after 1st September 2007 with the modifications specified in the following provisions of this paragraph and in paragraph 64.

• (2) Section 37 (which makes it an offence to use premises for providing facilities for gambling) is to have effect as if it provided for subsection (1) of that section not to apply to the use of the premises to which the existing licence, permit or certificate relates by—

• (a) the person to whom the existing licence, permit or certificate was issued, or

• (b) a person acting in the course of a business carried on by the person referred to in paragraph (a),

if the use is authorised by the licence, permit or certificate.

• (3) Where the premises concerned are a track, section 37 is to have effect as if it provided for subsection (1) of that section not to apply to the use of the track by a person for accepting bets if the use is authorised by the existing licence or certificate.

Application of review provisions to the existing licence, permit or certificate

64

• (1) Sections 197 to 203 of the 2005 Act (which provide for the review of premises licences by licensing authorities) are to apply to the existing licence, permit or certificate and the holder of the existing licence, permit or certificate as they apply to premises licences and the holder of such licences, but with the modifications specified in sub-paragraphs (2) to (4).

• (2) In subsection (2)(a) of section 200 (which specifies the circumstances in which a licensing authority may carry out a review), the reference to a condition of the licence is to have effect as a reference to any relevant premises licence conditions having effect in relation to the existing licence, permit or certificate.

• (3) Following a review under section 201 (which specifies the procedure on a review), the licensing authority may—

• (a) exclude a default condition, or remove or amend an exclusion having effect by virtue of this sub-paragraph as a result of a previous review, or

• (b) attach a condition, or remove or amend a condition attached under this sub-paragraph as a result of a previous review.

• (4) Subsection (1) of section 202 (which makes provision as to the action which may be taken following a review) is to have effect—

• (a) as if paragraph (c) provided for the licensing authority to have power to exclude a default condition, or remove or amend an exclusion having effect by virtue of sub-paragraph (3)(a) above, and

• (b) as if paragraph (d) provided for the licensing authority to have power to attach a condition to the existing licence, permit or certificate under sub-paragraph (3)(b) above.

• (5) Section 206(3) of the 2005 Act (which makes provision for appeals against actions taken by licensing authorities on a review) is to have effect in relation to the existing licence, permit or certificate as if—

• (a) a reference to a licensing authority taking action under section 202 as a result of a review, or determining to take no action as a result of a review, included a reference to the licensing authority taking such action, or determining to take no such action, in relation to the existing licence, permit or certificate; and

• (b) the reference to the licensee included a reference to the holder of the existing licence, permit or certificate.

• (6) Section 313(2) of the 2005 Act (which provides for the inspection of premises in respect of which a premises licence has effect) is to apply to the premises in respect of which the existing licence, permit or certificate has effect as it applies to premises in respect of which a premises licence has effect.

Application of the Gambling Act 2005 to casino premises licences granted on a conversion application

65

• (1) This paragraph applies to—

• (a) a conversion application for a casino premises licence, and

• (b) a casino premises licence issued on the grant of such an application in pursuance of paragraph 54(4).

• (2) This paragraph is without prejudice to paragraphs 54 to 61.

• (3) Part 8 of the 2005 Act is to have effect subject to the modifications specified in the following provisions of this paragraph.

• (4) Section 150(2) (which describes the kinds of casino premises licences) is not to apply to a casino premises licence to which this paragraph applies and instead such a licence is to be referred to as a converted casino premises licence.

• (5) A converted casino premises licence is a licence which states that it authorises premises to be used for the operation of a casino or for providing other facilities for gaming (apart from bingo); and section 150(1)(a) is to be modified accordingly.

• (6) Section 172 (which makes provision as to the effect of a premises licence in authorising the making available of gaming machines) is to be modified so as to provide for a converted casino premises licence to authorise the holder of the licence to do any of the following—

• (za) if the premises are situated in England and Wales, to make gaming machines available for use on the premises provided that the requirements set out in sub-paragraph (6A) are met;

• (a) to make 20 gaming machines available for use on the premises where at least one of the machines is of Category B and provided that each machine is of Category B, C or D⁷³; ...

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

• (6A) The requirements referred to in sub-paragraph (6)(za) are that—

• (a) the premises contain a gambling area, the floor area of which is no less than 280m²,

• (b) each gaming machine is of Category B, C or D,

• (c) the number of gaming machines—

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

• (ii) is not more than 80, and

• (d) the first and the second conditions are met in relation to the premises.

• (6B) For the purposes of sub-paragraph (6A)(c)(i), a gaming table is to be treated as being used in a casino at a particular time only if it is—

• (a) being used to play a casino game at that time, or

• (b) available at that time to be used for that purpose.

• (6C) The first condition is that for the holder of a converted casino premises licence to make (subject to sub-paragraph (6E)) up to the number of gaming machines specified in the first column of the following table available for use on the premises, the floor area of the gambling area of the premises must be no less than the minimum gambling area specified in the corresponding entry in the second column of that table.

Maximum number of gaming machines	Minimum gambling area (m²)
80	500
75	480
70	460
65	440
60	420
55	400
50	380
45	360
40	340
35	320
30	300
25	280

• (6D) In determining the floor area of the gambling area for the purposes of sub-paragraphs (6A)(a) and (6C), all areas in which facilities for gambling are provided on the premises are to be taken into account.

• (6E) The second condition is that, where premises in respect of which the licence has effect are connected to other premises in respect of which another converted casino premises licence has effect, no more than 80 gaming machines may be made available for use in total across all of those premises (taken together).

• (6F) For the purposes of sub-paragraph (6E), premises in respect of which a converted casino premises licence has effect are connected to other such premises if both premises are situated at the same location or immediately adjacent to each other, except where customers can only move from one to the other by—

• (a) leaving premises in respect of which one of the converted casino premises licences has effect, and

• (b) travelling to the other premises through an area which is not controlled—

• (i) by or on behalf of the holder of a licence issued under Part 8 of, or a permit issued under Schedule 10, 12 or 13 to, the 2005 Act, or

• (ii) by any other person who permits the holder of a licence issued under Part 8 of, or a permit issued under Schedule 10, 12 or 13 to, the 2005 Act—

• (aa) to use that area (whether or not any other person is also permitted to use that area), and

• (bb) to exclude any person from that area.

• (6G) Where by virtue of sub-paragraph (6)(za) gaming machines are made available for use on premises in respect of which a converted casino premises licence has effect, the licence ceases to authorise its holder to make gaming machines available for use on the premises in accordance with sub-paragraph (6)(a) or (b).

• (7) Section 174(1) (which makes provision as to the kinds of premises in respect of which a casino premises licence may be granted) is not to apply where the application is for a converted casino premises licence.

• (8) Section 174(2) (which provides for casino premises licences to authorise the holder to make available any number of games of chance other than casino games)—

• (a) is not to have effect to authorise the playing of bingo in premises in respect of which a converted casino premises licence has effect;

• (b) is to have effect to authorise the holder of a converted casino premises licence to make available other games of chance which are not casino games, irrespective of whether or not casino games are also made available on the premises.

• (9) Section 174(3) (which provides for casino premises licences to authorise the holder to use the premises for the provision of bingo, betting or both) is not to apply to—

• (a) a converted casino premises licence to which this paragraph applies which relates to premises in Scotland;

• (b) a converted casino premises licence to which this paragraph applies which relates to premises in England and Wales, in so far as that provision authorises bingo.

• (10) A converted casino premises licence is not to count for the purposes of any of the limits in section 175(1) to (3) (which limit the overall numbers of specified kinds of casino premises licences).

• (11) Subsections (5) and (7) of section 175 and Schedule 9 (which make provision about applications for casino premises licences) are not to apply to an application for a converted casino premises licence.

• (12) The licence holder may apply under section 187 to vary a converted casino premises licence so that it relates to premises which are different from those to which it previously related, and subsection (2) of that section (which prohibits a premises licence from being varied so as to relate to premises to which it did not previously relate) is accordingly not to have effect in relation to a converted casino premises licence.

• (13) Where a converted casino premises licence is varied to relate to premises to which it did not previously relate, those premises must be wholly or partly situated in the area of the licensing authority which issued the licence.

• (14) In this paragraph—

• “gambling area”, in relation to premises, means those areas of the premises that are indicated on the plan as areas in which facilities for gambling may be provided;

• “gaming table” means an apparatus that is designed or adapted to enable individuals to play a real game of chance where the design or adaptation is such that the apparatus is required to be controlled or operated by an individual employed or concerned in arranging for others to play the game;

• “plan” means the plan of the premises that forms part of the converted casino premises licence by virtue of section 151(1)(g) of the 2005 Act (see sub-paragraph (3) above).

Non-conversion applications for casino premises licences

66

• (1) Where a converted casino premises licence has effect in respect of premises, nothing in Part 8 of the 2005 Act is to be taken as preventing the licence holder from making a non-conversion application for a casino premises licence which relates to or includes the same or substantially the same premises.

• (2) Sub-paragraph (1) is to apply irrespective of whether or not the non-conversion application is made before, on or after 1st September 2007; or whether a previous non-conversion application has been made which relates to or includes the same or substantially the same premises.

• (3) Where a non-conversion application for a casino premises licence is granted, the converted casino premises licence is to lapse when the licence issued on the grant of the non-conversion application takes effect.

• (4) In this paragraph a “non-conversion application for a casino premises licence” means an application for a casino premises licence—

• (a) to which paragraph 54 does not apply, or

• (b) in a case in which that paragraph would otherwise apply, where the applicant includes a statement in the application indicating that that paragraph is not to apply to the application.

PART 8 — Conversion of lottery registrations under the Lotteries and Amusements Act 1976 into operating licences or registrations under the Gambling Act 2005

Conversion of society registrations into lottery operating licences

67

• (1) This paragraph applies where—

• (a) a society is registered under Schedule 1A to the 1976 Act⁷⁴, and

• (b) the registration has effect immediately before 1st September 2007.

• (2) This paragraph also applies where a society is registered under Schedule 1A to the 1976 Act on or after 1st September 2007.

• (3) The Gambling Commission must issue a lottery operating licence to the society on the relevant date or as soon as practicable after that date.

• (4) Such a licence—

• (a) is referred to in this paragraph and in paragraph 68 as a converted society lottery operating licence, and

• (b) is included in any reference to a converted lottery operating licence in paragraphs 71 and 72.

• (5) A converted society lottery operating licence is to have effect as both a remote and non-remote lottery operating licence; and section 67(2) and (3) of the 2005 Act (which prohibits an operating licence from being both a remote and non-remote licence) is not to apply to the licence.

• (6) In exercising its powers under section 75 of the 2005 Act (powers of Gambling Commission to impose general conditions on operating licences), the Commission must specify any conditions which are to apply to—

• (a) a converted society lottery operating licence, or

• (b) a converted society lottery operating licence falling within a specified class.

• (7) Regulations under section 78 of the 2005 Act (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 a converted society lottery operating licence or to converted society lottery operating licences falling within a specified description.

• (8) In this paragraph a reference to the relevant date is to—

• (a) 1st September 2007, or

• (b) in a case falling within sub-paragraph (2), the date on which the society is registered under Schedule 1A to the 1976 Act.

Conversion of society registrations: transitional provisions

68

• (1) A society falling within sub-paragraph (1) of paragraph 67 is to be treated as if it holds a converted society lottery operating licence during the period beginning on 1st September 2007 and ending immediately before the converted society lottery operating licence issued to the society takes effect.

• (2) Where the society or a person acting on its behalf carries out activities in reliance on sub-paragraph (1) they are to comply with any relevant operating licence conditions.

• (3) Section 258 of the 2005 Act (which makes it an offence to promote a lottery other than in specified circumstances) is not to apply to activity by a society acting in reliance on sub-paragraph (1) if the activity is carried on in accordance with any relevant operating licence conditions.

• (4) Section 258 of the 2005 Act is not to apply to activity by a person acting on behalf of a society to which sub-paragraph (1) applies if—

• (a) he acts otherwise than as an external lottery manager, and

• (b) the activity is carried on in accordance with any relevant operating licence conditions.

• (5) In this paragraph, any reference to relevant operating licence conditions is to—

• (a) any conditions specified by the Gambling Commission under section 75 of the 2005 Act which would be attached in accordance with subsection (3) of that section to a converted society lottery operating licence; and

• (b) any conditions specified by the Secretary of State in regulations under section 78 of that Act which would be attached to such a licence.

Conversion of local lottery scheme registrations into lottery operating licences

69

• (1) This paragraph applies where—

• (a) a scheme approved by a local authority in connection with the promotion of lotteries is registered under Schedule 2 to the 1976 Act⁷⁵, and

• (b) the registration has effect immediately before 1st September 2007.

• (2) This paragraph also applies where a scheme is registered under Schedule 2 to the 1976 Act on or after 1st September 2007.

• (3) The Gambling Commission must issue a lottery operating licence to the local authority on the relevant date or as soon as practicable after that date.

• (4) Such a licence—

• (a) is referred to in this paragraph and in paragraph 70 as a converted local authority lottery operating licence, and

• (b) is included in any reference to a converted lottery operating licence in paragraphs 71 and 72.

• (5) A converted local authority lottery operating licence is to have effect as both a remote and non-remote lottery operating licence; and section 67(2) and (3) of the 2005 Act is not to apply to the licence.

• (6) In exercising its powers under section 75 of the 2005 Act, the Commission must specify any conditions which are to be attached to—

• (a) a converted local authority lottery operating licence, or

• (b) a converted local authority lottery operating licence falling within a specified class.

• (7) Regulations under section 78 of the 2005 Act may specify conditions which are to be attached to a converted local authority lottery operating licence or to converted local authority lottery operating licences falling within a specified description.

• (8) In this paragraph a reference to the relevant date is to—

• (a) 1st September 2007, or

• (b) in a case falling within sub-paragraph (2), the date on which the scheme is registered.

Conversion of local lottery scheme registrations: transitional provisions

70

• (1) A local authority to which sub-paragraph (1) of paragraph 69 applies is to be treated as if it holds a converted local authority lottery operating licence during the period beginning on 1st September 2007 and ending when the licence issued to the authority in accordance with that paragraph takes effect.

• (2) Where the local authority or a person acting on its behalf carries out activities in reliance on sub-paragraph (1) they are to comply with any relevant operating licence conditions.

• (3) Section 258 of the 2005 Act is not to apply to activity by a local authority acting in reliance on sub-paragraph (1) if the activity is carried on in accordance with any relevant operating licence conditions.

• (4) Section 258 of the 2005 Act is not to apply to activity by a person acting on behalf of a local authority to which sub-paragraph (1) applies if—

• (a) he acts otherwise than as an external lottery manager, and

• (b) the activity is carried on in accordance with any relevant operating licence conditions.

• (5) In this paragraph, any reference to relevant operating licence conditions is to—

• (a) any conditions specified by the Gambling Commission under section 75 of the 2005 Act which would be attached in accordance with subsection (3) of that section to a converted local lottery operating licence, and

• (b) any conditions specified by the Secretary of State in regulations under section 78 of that Act which would be attached to such a licence.

Duration of converted lottery operating licences

71

• (1) Subject to the following provisions of this paragraph, a converted lottery operating licence is to cease to have effect on the last day of the period of three years beginning with the date on which the last 1976 Act fee was payable.

• (2) Subject to sub-paragraph (3), where—

• (a) the holder of a converted lottery operating licence applies for a lottery operating licence at least two months before the date on which the converted lottery operating licences is due to expire in accordance with sub-paragraph (1), and

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

the converted lottery operating licence is not to cease to have effect by virtue of sub-paragraph (1) until the application is finally determined or is withdrawn.

• (3) A converted lottery operating licence may cease to have effect before the date determined in accordance with sub-paragraphs (1) and (2) by virtue of section 113, 114, 115, 118 or 119 of the Act (which provide respectively for the surrender, lapse, forfeiture, suspension and revocation of operating licences).

• (4) The reference in sub-paragraph (1) to the date on which the last 1976 Act fee was payable is to the last date before 1st September 2007 on which a fee was payable in respect of the registration by virtue of (as the case may be) paragraph 6(1)(a) of Schedule 1A or paragraph 7(1)(b) of Schedule 2 to the 1976 Act( ) (each of which provides for the payment of periodic fees in respect of registrations under respectively Schedule 1A or 2 to the 1976 Act).

• (5) Where no fee is payable before 1st September 2007 under the provisions of the 1976 Act referred to in sub-paragraph (4), the reference in sub-paragraph (1) to the date on which the last 1976 Act fee was payable is to be treated as a reference to the date on which the society or the local authority scheme was registered under that Act.

Application of Part 5 of the Gambling Act 2005 to converted lottery operating licences

72

• (1) Part 5 of the 2005 Act is to be modified as follows in its application to a converted lottery operating licence.

• (2) Section 99 (which specifies mandatory conditions of lottery operating licences) is to be modified so that, for the period beginning on the date on which the licence is issued and ending on 31st December 2007, the requirement specified in subsection (3)(b) is that the aggregate of the proceeds of lotteries promoted wholly or partly in reliance on the licence may not exceed—

• £10,000,000 – (A + B)

where—

A is the total value of tickets or chances sold in the period beginning on 1st January 2007 and ending on 31st August 2007 in any lottery promoted wholly or partly in reliance on the 1976 Act registration, and

B is the aggregate amount of the proceeds of lotteries promoted wholly or partly under, as the case may be, paragraph 68 or 70.

• (3) Sub-paragraph (2) only applies where the converted lottery operating licence is held by a society or local authority to which sub-paragraph (1) of (as the case may be) paragraph 67 or 69 applies.

• (4) In sub-paragraph (2), “the 1976 Act registration” means—

• (a) in relation to a converted lottery operating licence held by a society, the registration of the society under Schedule 1A to the 1976 Act which had effect immediately before 1st September 2007, and

• (b) in relation to a converted lottery operating licence held by a local authority, the registration under Schedule 2 to the 1976 Act which had effect immediately before 1st September 2007.

• (5) Sections 110 to 112 (which relate to duration of operating licences) are not to apply.

Application of the Gambling Act 2005 to lotteries begun before 1st September 2007

73

• (1) A lottery operating licence is to authorise the holder to continue to promote a lottery which the holder began promoting before 1st September 2007 in reliance on the 1976 Act registration.

• (2) Where before 1st September 2007 a person is able to participate in such a lottery by purchasing a chance (whether participation in the lottery in this way is offered in addition to or instead of participation by purchasing a ticket), persons may continue on and after that date to purchase a chance and not a ticket in the lottery if the condition in sub-paragraph (3) is met.

• (3) The condition is that the arrangements for the lottery provide for each and every draw in the lottery to take place before 1st March 2009.

• (4) Section 99 of the 2005 Act (which makes provision about the conditions to be attached to lottery operating licences) is to have effect subject to the following modifications in relation a lottery which falls within the description in sub-paragraph (2) and complies with the condition in sub-paragraph (3).

• (5) Subject to sub-paragraph (6), subsections (4), (6) and (8) of that section are to have effect as if any reference to a person purchasing a ticket in the lottery (irrespective of how it is described) included a reference to a person purchasing a chance in the lottery.

• (6) Section 99 of the 2005 Act is to have effect as if the requirement in paragraph (b) of subsection (6) only applies where a person purchases a ticket in order to participate in the lottery.

• (7) In sub-paragraph (1), “the 1976 Act registration” is to be construed in accordance with paragraph 72(4).

Conversion of society lottery registrations into registrations under the Gambling Act 2005

74

• (1) This paragraph applies where—

• (a) a society is registered under Schedule 1 to the 1976 Act, and

• (b) the registration has effect immediately before 1st September 2007.

• (2) This paragraph also applies where a society becomes registered under Schedule 1 to the 1976 Act on or after 1st September 2007.

• (3) In England and Wales, the local authority which registered the society must on the relevant date, or as soon as practicable after that date, register the society under Part 5 of Schedule 11 to the 2005 Act.

• (4) In Scotland, the council which registered the society 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 (5).

• (5) The information to be provided is—

• (a) the name and address of the society,

• (b) the purposes for which the society is established,

• (c) the date on which the society was registered under Schedule 1 to 1976 Act, and

• (d) copies of any returns submitted in respect of the society in accordance with paragraph 11 of Schedule 1 to the 1976 Act.

• (6) As soon as practicable after receiving the information specified in sub-paragraph (5), the relevant licensing board must register the society under Part 5 of Schedule 11 to the 2005 Act.

• (7) In this paragraph—

• (a) a reference to registering a society under Part 5 of Schedule 11 to the 2005 Act is to entering the society, together with such information as may be prescribed by regulations in accordance with paragraph 44(a) of that Schedule, in the register kept for the purposes of that Part;

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

• (i) 1st September 2007, or

• (ii) in a case falling within sub-paragraph (2), the date on which the society is registered under the 1976 Act; and

• (c) a reference to the relevant licensing board is to the licensing board constituted under section 1 of the Licensing (Scotland) Act 1976⁷⁶ in whose area are situated the principal premises of the society.

Conversion of society lottery registrations: modification of Part 5 of Schedule 11 to the 2005 Act

75

• (1) Paragraphs 44 and 46 of Schedule 11 to the 2005 Act are not to apply where a society is registered under Part 5 of that Schedule in pursuance of paragraph 74 above.

• (2) Sub-paragraph (1) is subject to sub-paragraph (7)(a) of paragraph 74 above.

• (3) Paragraph 54(2) of that Schedule is to have effect in relation to such a society as if for the reference to each anniversary of the registration of the society there were substituted a reference to 1st January in each year after 2007 on which the society is registered.

• (4) In England and Wales, where a local authority registers a society under Part 5 of Schedule 11 to the 2005 Act in pursuance of paragraph 74 above, it must notify the society in writing of the registration before the beginning of the period referred to in sub-paragraph (2) of paragraph 54 of that Schedule (as that sub-paragraph has effect by virtue of sub-paragraph (3) above) when that period occurs for the first time during the registration.

• (5) In Scotland, the council referred to in sub-paragraph (4) of paragraph 74 must at the same time as it provides the information referred to in that sub-paragraph give written notice to the society—

• (a) informing it that it is to be registered by the relevant licensing board under Part 5 of Schedule 11 to the 2005 Act, and

• (b) explaining the effect of sub-paragraphs (2) to (4) of paragraph 76.

• (6) In sub-paragraph (5)(a), “the relevant licensing board” is to have the meaning given in paragraph 74(7)(c).

Conversion of society lottery registrations: transitional provisions

76

• (1) Where—

• (a) a local authority in England or Wales or a licensing board in Scotland are required under paragraph 74 to register a society under Part 5 of Schedule 11 to the 2005 Act, but

• (b) the society is not so registered until after the relevant date (within the meaning of that paragraph),

during the period beginning on that date and ending immediately before the society is so registered (“the transitional period”) Part 4 of that Schedule is to have effect in relation to the society as if modified in accordance with sub-paragraphs (2) to (4) below.

• (2) Paragraph 38 of Schedule 11 to the 2005 Act is not to apply to the society during the transitional period.

• (3) Paragraph 39 of that Schedule is to have effect during the transitional period as if the reference to the local authority with which the society is registered was a reference to the authority which is required to register the society under paragraph 74 above.

• (4) Paragraph 55 of that Schedule is to have effect as if the reference to a statement sent to a local authority under paragraph 39 of that Schedule included a reference to a statement sent under that paragraph in pursuance of sub-paragraph (3) above.

• (5) Sub-paragraph (6) applies where—

• (a) a lottery is promoted by a society which was registered under Schedule 1 to the 1976 Act immediately before 1st September 2007 (referred to in that sub-paragraph as “the 1976 Act registration”), and

• (b) it is promoted wholly or partly in the period beginning on that date and ending on 31st December 2007,

• (6) Paragraph 31(3) of Schedule 11 to the 2005 Act is to have effect in relation to such a lottery as if it provided for the lottery to be a large lottery if it is promoted wholly or partly at a time at which the aggregate of the society’s proceeds from society lotteries promoted wholly or partly during the period referred to in sub-paragraph (5) exceeds—

• £250,000 – A,

where A is the total value of tickets or chances sold in the period beginning on 1st January 2007 and ending on 31st August 2007 in any lottery promoted in reliance on the 1976 Act registration.

Application of Schedule 11 to the Gambling Act 2005 to lotteries begun before 1st September 2007

77

• (1) Subject to the following provisions of this paragraph, Schedule 11 to the 2005 Act is to apply to a lottery whose promotion was begun (but not completed) before 1st September 2007 in the same way as it applies to a lottery which is wholly promoted on or after that date.

• (2) Where before 1st September 2007 a person is able to participate in such a lottery by purchasing a chance (whether participation in the lottery in this way is offered in addition to or instead of participation by purchasing a ticket), persons may continue on and after that date to purchase a chance and not a ticket in the lottery if the condition in sub-paragraph (3) is met.

• (3) The condition is that the arrangements for the lottery provide for each and every draw in the lottery to take place before 1st March 2009.

• (4) Schedule 11 to the 2005 Act is to have effect subject to the following modifications in relation to a lottery which falls within the description in sub-paragraph (2) and complies with the condition in sub-paragraph (3).

• (5) Subject to the following provisions of this paragraph any reference in that Schedule to a ticket is to include a reference to a chance.

• (6) Where the lottery is a private lottery, paragraphs 15 and 18(b) of that Schedule are not to apply if a person purchases a chance (as opposed to a ticket) to participate in the lottery.

• (7) Where the lottery is a small society lottery, paragraph 36 of that Schedule is only to apply where a person purchases a ticket to participate in the lottery.

PART 9 — Conversion of club registrations under the Gaming Act 1968 into club gaming and machine permits under the Gambling Act 2005

Conversion of a club registration under Part 2 of the Gaming Act 1968 into a club gaming permit: scope of application of provisions

78

• (1) Paragraphs 79 to 81, 83 and 84 apply to a members’ club or miners’ welfare institute⁷⁷ where—

• (a) the club or institute is registered under Part 2 of the 1968 Act, and

• (b) the registration has effect immediately before 1st September 2007.

• (2) Paragraphs 79 to 81, 83 and 84 also apply to a members’ club or miners’ welfare institute which is registered under Part 2 of the 1968 Act on or after 1st September 2007.

• (3) In paragraphs 79, 80, 83 and 84, a reference to the relevant licensing authority is to the licensing authority (within the meaning of the 2005 Act) in whose area are situated the premises in respect of which the club or institute was registered under Part 2 of the 1968 Act.

Conversion of club registrations under Part 2 of the Gaming Act 1968: provision of information by the 1968 Act registration authority

79

• (1) In England and Wales, the designated officer for the authority which registered the club or institute must on the relevant date, or as soon as practicable after that date, provide the relevant licensing authority with the information specified in sub-paragraph (3).

• (2) In Scotland, the sheriff clerk to the sheriff who registered the club or institute must on the relevant date, or as soon as practicable after that date, provide the relevant licensing authority with the information specified in sub-paragraph (3).

• (3) The information to be provided is—

• (a) the name of the club or institute,

• (b) a description of the purposes for which the club is established or, in the case of a miners’ welfare institute, a statement that it is such;

• (c) a description of the premises to which the registration relates,

• (d) the address of those premises,

• (e) the date of registration or, where the registration has been renewed, the date on which it was last renewed,

• (f) in a case falling within paragraph 78(1) (other than one to which sub-paragraph (6) below applies), the date on which the registration, as it had effect immediately before 1st September 2007, was due to expire, and

• (g) the name and address of the chairman or secretary of the club or institute as recorded in the register under Part 2 of the 1968 Act.

• (4) This paragraph is subject to paragraph 81.

• (5) Subject to sub-paragraph (6), a reference in this paragraph to the relevant date is to—

• (a) 1st September 2007, or

• (b) in a case falling within paragraph 78(2), the date on which the club or institute is registered.

• (6) Where a club or institute’s registration has effect immediately before 1st September 2007 by virtue of paragraph 22 of Schedule 3, or paragraph 20 of Schedule 4, to the 1968 Act (both of which provide for registrations under Part 2 of that Act to be extended where an application for renewal of the registration has not been determined), the relevant date is the date on which the application for renewal of the registration is granted.

Duty of licensing authority to convert a registration under Part 2 of the Gaming Act 1968 into a club gaming permit

80

• (1) Subject to paragraphs 81 to 85, where—

• (a) a members’ club or miners’ welfare institute applies to the relevant licensing authority for the grant of a club gaming permit in respect of the same or substantially the same premises as those to which the registration under Part 2 of the 1968 Act relates;

• (b) the application complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3 of Schedule 12 to the 2005 Act; and

• (c) the application is made ... before the relevant date,

the licensing authority must grant that application.

• (2) Paragraphs 4, 5(b), 6, 7 and 10 of Schedule 12 to the 2005 Act are not to apply to an application falling within sub-paragraph (1), and paragraph 8 is to apply with the omission of any reference to objections.

• (3) Subject to sub-paragraphs (4) and (5), in sub-paragraph (1)(c) “the relevant date” means the date on which the club or institute’s registration, as it had effect immediately before 1st September 2007, was due to expire in accordance with (as the case may be) paragraph 19 of Schedule 3 or paragraph 17 of Schedule 4 to the 1968 Act (both of which provide for the duration of registrations under Part 2 of that Act).

• (4) Where the club or institute’s registration has effect immediately before 1st September 2007 by virtue of paragraph 22 of Schedule 3, or paragraph 20 of Schedule 4, to the 1968 Act, the relevant date is the last day of the period of 10 years beginning on the date on which the registration is renewed.

• (5) Where the club or institute is registered on or after 1st September 2007, the relevant date is the last day of the period of one year beginning on the date on which it is registered.

Exclusion of cases where an application for the renewal of the registration under Part 2 is rejected on or after 1st September 2007

81

• (1) This paragraph applies where—

• (a) a club or institute’s registration under Part 2 of the 1968 Act has effect immediately before 1st September 2007 by virtue of paragraph 22 of Schedule 3, or paragraph 20 of Schedule 4, to the 1968 Act; and

• (b) the application for renewal of the registration is withdrawn or rejected on or after that date.

• (2) Paragraphs 79 and 80(1) are not to apply in a case to which this paragraph applies.

• (3) Paragraph 84(1) is to cease to apply to the club or institute on the date on which the application for renewal of the registration is withdrawn or rejected.

Conversion of club registrations under Part 2 of the Gaming Act 1968: applications made before 1st September 2007

82

• (1) This paragraph applies where—

• (a) a members’ club or miners’ welfare institute applies for the grant of a club gaming permit before 1st September 2007;

• (b) when the application is made, the club or institute is registered under Part 2 of the 1968 Act in respect of the same, or substantially the same, premises as those to which the application relates;

• (c) the registration under Part 2 of the 1968 Act is due to expire in accordance with (as the case may be) paragraph 19 of Schedule 3 or paragraph 17 of Schedule 4 to the 1968 Act⁷⁸ on or after 1st September 2007;

• (d) the application complies with paragraphs (b) and (e) of paragraph 2 and, where applicable, paragraph 3 of Schedule 12 to the 2005 Act; and

• (e) the application is made ... before the relevant date (as that expression is defined in paragraph 80(3) and (4)).

• (2) The licensing authority may not determine the application before 1st September 2007.

Failure to make the application for a club gaming permit in the appropriate form or manner

83

• (1) This paragraph applies to any application for a club gaming permit which meets the conditions in paragraphs (a) to (c) of paragraph 80(1), but does not comply with a requirement imposed under sub-paragraph (c) or (d) of paragraph 2 of Schedule 12 to the 2005 Act.

• (2) Where the relevant licensing authority give notice in writing to the members’ club or miners’ welfare institute making the application requesting it to do anything which is necessary for the purposes of complying with any such requirement, the authority are to cease to be under a duty by virtue of paragraph 80(1) to grant the application until such time as the club or institute 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 relevant notice (such period not being less than 14 days from the date on which the notice is received).

• (4) Paragraph 84(1) is to cease to apply if the club or institute fails to comply with a request made under sub-paragraph (2) within the period specified in accordance with sub-paragraph (3).

Conversion of club registrations under Part 2 of the Gaming Act 1968: transitional provisions

84

• (1) At any time on or after 1 September 2007 until the date on which the club gaming permit is granted in accordance with paragraph 80, a members’ club or miners’ welfare institute is to be treated for the purposes of the 2005 Act as if it had been granted such a permit in relation to the premises in respect of which the registration under Part 2 of the 1968 Act had effect.

• (2) In a case falling within paragraph 78(2), sub-paragraph (1) is not to apply until the date on which the club or institute is registered under Part 2 of the 1968 Act.

• (3) Where the club or institute fails to apply for a club gaming permit ... before the relevant date (within the meaning of paragraph 80(3) to (5)), sub-paragraph (1) is to have effect as if it provided for the club or institute to be treated as holding such a permit until the relevant date.

• (4) Paragraph 80 and sub-paragraph (1) of this paragraph are to be subject to the following provisions of this paragraph.

• (5) Paragraph 80 and sub-paragraph (1) of this paragraph are to cease to apply if the members’ club or miners’ welfare institute ceases to be such a club or institute within the meaning of sections 266 and 268 of the 2005 Act.

• (6) Paragraph 80 and sub-paragraph (1) of this paragraph are to cease to apply to a members’ club or miners’ welfare institute if notice to that effect is given by the club or institute to the relevant licensing authority.

• (7) The relevant licensing authority shall as soon as reasonably practicable inform the persons specified in sub-paragraph (8) if the authority—

• (a) believe that sub-paragraph (5) applies, or

• (b) receive notice given under sub-paragraph (6).

• (8) The persons mentioned in sub-paragraph (7) are—

• (a) the Gambling Commission, and

• (b) the chief officer of police for any area in which the premises referred to in sub-paragraph (1) are situated.

• (9) The relevant licensing authority may give notice in writing to a members’ club or miners’ welfare institute that paragraph 80 and sub-paragraph (1) of this paragraph are to be disapplied in relation to the club or institute.

• (10) The relevant licensing authority may only give notice in accordance with sub-paragraph (9) if the authority think—

• (a) that the premises on which the club or institute 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 section 271 of the 2005 Act (which makes provision with respect to club gaming permits), has been committed in the course of gaming activities carried on by the club or institute.

• (11) Sub-paragraphs (2) to (4) of paragraph 21 and paragraph 25 of Schedule 12 to the 2005 Act (which provide respectively for cancellation of club gaming permits, and appeals) are to apply to the giving of a notice under sub-paragraph (9) of this paragraph as they apply to the cancellation of a club gaming permit under paragraph 21(1) of that Schedule.

• (12) Paragraph 23 of Schedule 12 to the 2005 Act (which provides for forfeiture of club gaming permits on conviction of offences under the 2005 Act) is to apply as if—

• (a) the reference in that paragraph to the holder of a club gaming permit, or the officer of the holder of such a permit holder, included a reference to a members’ club or miners’ welfare institute to which paragraph 80 and sub-paragraph (1) of this paragraph apply or the officer of such a club or institute; and

• (b) the reference to the court having power to order forfeiture of the permit included a reference to the court having power to order that paragraph 80 and sub-paragraph (1) of this paragraph should be disapplied in relation to the club or miners’ welfare institute concerned.

• (13) Paragraph 28 of Schedule 12 to the 2005 Act (which makes provision about the delegation of licensing authority functions) is to apply to the exercise of functions by the relevant licensing authority under this paragraph and under paragraph 80 as it applies to the exercise of functions of a licensing authority under that Schedule.

• (14) Despite section 274(2) of the 2005 Act (which disapplies Schedule 12 in relation to specified clubs etc. in Scotland), the provisions of that Schedule referred to in sub-paragraphs (11) to (13) are also to apply to a members’ club or miners’ welfare institute in Scotland in the same way as they apply to a club or institute in England and Wales.

Special provisions applying to clubs etc. in Scotland

85

• (1) This paragraph modifies paragraphs 80 and 82 to 84 in their application to members’ clubs or miners’ welfare institutes in respect of which a certificate of registration under section 105 of the Licensing (Scotland) Act 1976 has effect (referred to in this paragraph as a “certificate of registration”).

• (2) The following are not to apply where an application for a club gaming permit is made in relation to a members’ club or miners’ welfare institute in respect of which a certificate of registration has effect—

• (a) the condition in paragraph (b) of paragraph 80(1),

• (b) paragraph 80(2),

• (c) the condition in paragraph (d) of paragraph 82, and

• (d) paragraph 83.

• (3) The following provisions of this paragraph are only to have effect if on 1st August 2007 regulations under section 285(1)(a) of the 2005 Act are not in force setting out the provisions which are to have effect in place of Schedule 12 to that Act in relation to an application for a club gaming permit where the applicant is the holder of a certificate of registration.

• (4) Paragraph (c) of paragraph 80(1) is to have effect as if it required such an application to be made on or before the date which is the later of—

• (a) one month after the date on which the provisions referred to in sub-paragraph (3) come into force, or

• (b) ... the relevant date (within the meaning of paragraph 80(3)).

• (5) Paragraph 84(3) is not to apply in any case where the effect of paragraph 80(1) (as modified by sub-paragraph (4)) is to require the application to be made on or before the date which is one month after the date on which the provisions referred to in sub-paragraph (3) come into force.

• (6) In such a case sub-paragraph (7) is to have effect in place of paragraph 84(3).

• (7) Where the holder of the certificate of registration fails to apply for a club gaming permit on or before the date referred to in sub-paragraph (4)(a), paragraph 84(1) is to have effect as if it provided for the club or institute to be treated as holding such a permit until that date.

Conversion of a club registration under Part 3 of the Gaming Act 1968 into a club machine permit

86

• (1) Paragraphs 87 to 89, 91 and 92 apply to a members’ club, commercial club or miners’ welfare institute where—

• (a) the club or institute is registered under Part 3 of the 1968 Act, and

• (b) the registration has effect immediately before 1st September 2007.

• (2) Paragraphs 87 to 89, 91 and 92 also apply to a members’ club, commercial club or miners’ welfare institute which is registered under Part 3 of the 1968 Act on or after 1st September 2007.

• (3) In paragraphs 87, 88, 91 and 92, any reference to the relevant licensing authority is to the licensing authority (within the meaning of the 2005 Act) in whose area are situated the premises in respect of which the club or institute was registered under Part 3 of the Act.

Conversion of club registrations under Part 3 of the Gaming Act 1968: provision of information by the 1968 Act licensing authority

87

• (1) In England and Wales the designated officer for the authority which registered the club or institute must on the relevant date, or as soon as practicable after that date, provide the relevant licensing authority with the information specified in sub-paragraph (3).

• (2) In Scotland, the sheriff clerk to the sheriff who registered the club or institute must on the relevant date, or as soon as practicable after that date, provide the relevant licensing authority with the information specified in sub-paragraph (3).

• (3) The information to be provided is—

• (a) the name of the club or institute,

• (b) a description of the purposes for which the club is established or, in the case of a miners’ welfare institute, a statement that it is such;

• (c) a description of the premises to which the registration relates,

• (d) the address of those premises,

• (e) the date of registration or, where the registration has been renewed, the date on which it was last renewed,

• (f) in a case falling within paragraph 86(1) (other than one to which sub-paragraph (6) below applies), the date on which the registration, as it had immediately before 1st September 2007, was due to expire, and

• (g) the name and address of the chairman or secretary of the club or institute as recorded in the register under Part 3 of the 1968 Act.

• (4) This paragraph is subject to paragraph 89.

• (5) Subject to sub-paragraph (6), a reference in this paragraph to the relevant date is to—

• (a) 1st September 2007, or

• (b) in a case falling within paragraph 86(2), the date on which the club or institute is registered.

• (6) Where a club or institute’s registration has effect immediately before 1st September 2007 by virtue of paragraph 23 of Schedule 7 to the 1968 Act (which provides for registrations under Part 3 of that Act to be extended where an application for renewal of the registration has not been determined), including as that paragraph has effect in relation to Scotland by virtue of paragraph 3 of Schedule 8 to that Act, the relevant date is the date on which the application for renewal of the registration is granted.

Duty of licensing authority to convert a registration under Part 3 of the Gaming Act 1968 into a club machine permit

88

• (1) Subject to the following provisions of this Part, where—

• (a) a members’ club, commercial club or miners’ welfare institute applies to the relevant licensing authority for the grant of a club machine permit in respect of the same or substantially the same premises as those to which the registration under Part 3 of the 1968 Act relates;

• (b) the application complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3 of Schedule 12 to the 2005 Act; and

• (c) the application is made ... before the relevant date

the relevant licensing authority must grant that application.

• (2) Paragraphs 4, 5(b), 6, 7 and 10 of Schedule 12 to the 2005 Act are not to apply to an application falling within sub-paragraph (1), and paragraph 8 is to apply with the omission of any reference to objections.

• (3) Subject to sub-paragraphs (4) and (5), in sub-paragraph (1)(c) “the relevant date” means the date on which the club or institute’s registration, as it had immediately before 1st September 2007, was due to expire in accordance with paragraph 22 of Schedule 7 to the 1968 Act (which provides for the duration of registrations under Part 2 of that Act) including as that paragraph has effect in relation to Scotland by virtue of paragraph 3 of Schedule 8 to that Act.

• (4) Where the club or institute’s registration has effect immediately before 1st September 2007 by virtue of paragraph 23 of Schedule 7 to the 1968 Act (including as that paragraph has effect in relation to Scotland by virtue of paragraph 3 of Schedule 8 to that Act), the relevant date is the last day of the period of 5 years beginning on the date on which the registration is renewed.

• (5) Where the club or institute is registered on or after 1st September 2007, the relevant date is the last day of the period of 5 years beginning on the date on which it is registered.

Exclusion of cases where an application for the renewal of the registration under Part 3 is rejected on or after 1st September 2007

89

• (1) This paragraph applies where—

• (a) a club or institute’s registration under Part 3 of the 1968 Act has effect immediately before 1st September 2007 by virtue of paragraph 23 of Schedule 7 to the 1968 Act (including as that paragraph has effect in relation to Scotland by virtue of paragraph 3 of Schedule 8 to that Act); and

• (b) the application for renewal of the registration is withdrawn or rejected on or after that date.

• (2) Paragraphs 87 and 88(1) are not to apply in a case to which this paragraph applies.

• (3) Paragraph 92(1) is to cease to apply to the club or institute on the date on which the application for renewal of the registration is withdrawn or rejected.

Conversion of club registrations under Part 3 of the 1968 Act: applications made before 1st September 2007

90

• (1) This paragraph applies where—

• (a) a members’ club, commercial club or miners’ welfare institute applies for the grant of a club machine permit before 1st September 2007;

• (b) when the application is made, the club or institute is registered under Part 3 of the 1968 Act in respect of the same, or substantially the same, premises as those to which the application relates;

• (c) the registration under Part 3 of the 1968 Act is due to expire in accordance with paragraph 22 of Schedule 7 to the 1968 Act (including as that paragraph has effect in relation to Scotland by virtue of paragraph 3 of Schedule 8 to that Act) on a date on or after 1st September 2007;

• (d) the application complies with sub-paragraphs (b) and (e) of paragraph 2 and, where applicable, paragraph 3 of Schedule 12 to the 2005 Act; and

• (e) the application is made ... before the relevant date (as that expression is defined in paragraph 88(3) and (4)).

• (2) The licensing authority may not determine the application before 1st September 2007.

Failure to make the application for a club machine permit in the appropriate form or manner

91

• (1) This paragraph applies to any application for a club machine permit which meets the conditions in paragraphs (a) to (c) of paragraph 88(1), but does not comply with a requirement imposed under sub-paragraph (c) or (d) of paragraph 2 of Schedule 12 to the 2005 Act.

• (2) Where the relevant licensing authority give notice in writing to the club or miners’ welfare institute making the application requesting it to do anything which is necessary for the purposes of complying with any such requirement, the authority are to cease to be under a duty by virtue of paragraph 88(1) to grant the application until such time as the club or institute 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 relevant notice (such period not being less than 14 days from the date on which the notice is received).

• (4) Paragraph 92(1) is to cease to apply if the club or institute fails to comply with a request made under sub-paragraph (2) within the period specified in accordance with sub-paragraph (3).

Conversion of club registrations under Part 3 of the 1968 Act: transitional provisions

92

• (1) At any time on or after 1st September 2007 until the date on which the club machine permit is granted in accordance with paragraph 88, a club or miners’ welfare institute is to be treated for the purposes of the Act as if it had been granted such a permit in relation to the premises in respect of which the registration under Part 3 of the 1968 Act had effect.

• (2) In a case falling within paragraph 86(2), sub-paragraph (1) is not to apply until the date on which the club or institute is registered under Part 3 of the 1968 Act.

• (3) Where the club or institute fails to apply for a club machine permit ... before the relevant date (within the meaning of paragraph 88(3) to (5)), sub-paragraph (1) is to have effect as if it provided for the club or institute to be treated as holding such a permit until the relevant date.

• (4) Paragraph 88 and sub-paragraph (1) of this paragraph are to be subject to the following provisions of this paragraph.

• (5) Paragraph 88 and sub-paragraph (1) of this paragraph are to cease to apply if the members’ club, commercial club or miners’ welfare institute ceases to be such a club or institute within the meaning of sections 266 to 268 of the 2005 Act.

• (6) Paragraph 88 and sub-paragraph (1) of this paragraph are to cease to apply to a club or miners’ welfare institute if notice to that effect is given by the club or institute to the relevant licensing authority.

• (7) The relevant licensing authority shall as soon as reasonably practicable inform the persons specified in sub-paragraph (8) if the authority—

• (a) believe that sub-paragraph (5) applies, or

• (b) receive notice given under sub-paragraph (6).

• (8) The persons mentioned in sub-paragraph (7) are—

• (a) the Gambling Commission, and

• (b) the chief officer of police for any area in which the premises referred to in sub-paragraph (1) are situated.