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

• (9) The relevant licensing authority may give notice in writing to a club or miners’ welfare institute that paragraph 88 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 273 of the 2005 Act, 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 machine 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 machine permit under paragraph 21(1) of that Schedule.

• (12) Paragraph 23 of Schedule 12 to the 2005 Act (which provides for forfeiture of club machine 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 machine permit, or the officer of the holder of such a permit holder, included a reference to a club or miners’ welfare institute to which paragraph 88 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 88 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 paragraph 88 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 (10) to (12) are also to apply to any 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

93

• (1) This paragraph modifies paragraphs 88, 90, 91 and 92 in their application to members’ clubs, commercial 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 machine permit is made in relation to a club or miners’ welfare institute in respect of which a certificate of registration has effect—

• (a) the condition in paragraph (b) of paragraph 88(1),

• (b) paragraph 80(2),

• (c) the condition in paragraph (d) of paragraph 90, and

• (d) paragraph 91.

• (3) The following provisions of this paragraph are only to apply 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 machine permit where the applicant is the holder of a certificate of registration.

• (4) Paragraph (c) of paragraph 88(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 88(3)).

• (5) Paragraph 92(3) is not to apply in any case where the effect of paragraph 88(1) (as modified by sub-paragraph (4)) is to require the application to be made 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 92(3).

• (7) Where the holder of the certificate of registration fails to apply for a club machine permit on or before the date referred to in sub-paragraph (4)(a), paragraph 92(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.

PART 10 — Conversion of permits under section 34 of the Gaming Act 1968 into family entertainment centre gaming machine permits

Meaning of existing operator for the purposes of applications for family entertainment centre gaming machine permits

94

• (1) This paragraph specifies the circumstances in which a person applying for a family entertainment centre gaming machine permit (referred to in this Part as a “FEC gaming machine permit”) is to be treated for the purposes of this Part as an existing family entertainment centre operator.

• (2) A person is an existing family entertainment centre operator if on the date on which he makes the application for the FEC gaming machine permit—

• (a) he holds a permit under section 34 of the 1968 Act⁷⁹ (referred to in this Part as a “section 34 permit”)—

• (i) granted by one of the authorities mentioned in paragraph 1(b) or (d) of Schedule 9 to the 1968 Act⁸⁰ in respect of amusement machine premises, and

• (ii) which is expressed to be granted for the purposes of section 34(1) of the 1968 Act⁸¹; or

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

Conversion of section 34 permits into FEC gaming machine permits

95

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

• (a) an existing family entertainment centre operator makes an advance application for a FEC gaming machine permit under Schedule 10 to the 2005 Act,

• (b) the application relates to the same or substantially the same premises as those to which the section 34 permit relates, and

• (c) the application complies with any requirements imposed by or under paragraphs 2 to 4 and 5(b) and (d) of that Schedule,

the licensing authority must grant that application.

• (2) Paragraphs 8(1)(b), 9 and 10 of Schedule 10 to the 2005 Act are not to apply to such an application.

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

96

• (1) This paragraph applies to any application for a FEC gaming machine permit which meets the conditions in paragraphs (a) to (c) of paragraph 95(1), but does not comply with a requirement imposed under sub-paragraph (a) or (c) of paragraph 5 of Schedule 10 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 95(1) to grant the application until such time as the applicant complies with the request.

• (3) In the case of an application made before 31st July 2007, 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) If, in a case to which paragraph 98 applies, the applicant fails to comply with the request within the period specified in accordance with sub-paragraph (3) above—

• (a) sub-paragraph (3) of that paragraph is to cease to apply to the application after the end of that period; and

• (b) where the relevant FEC gaming machine permit is treated as having been issued to the applicant by virtue of that sub-paragraph, the permit is to lapse.

Effect of cancellation of section 34 permit

97

• (1) Where—

• (a) a person makes an application for a FEC gaming machine permit which meets the conditions in paragraphs (a) to (c) of paragraph 95(1), and

• (b) the section 34 permit by virtue of which he qualifies as an existing family entertainment centre operator is cancelled,

the licensing authority must reject the application.

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

• (3) Where the section 34 permit is cancelled after the licensing authority have issued the FEC gaming machine permit in pursuance of paragraph 95(1), the permit is to lapse on the date on which the section 34 permit is cancelled.

Provisions to ensure that existing family entertainment centre operators can continue to operate on and after 1st September 2007

98

• (1) This paragraph applies to an application for a FEC gaming machine permit which meets the conditions in paragraphs (a) to (c) of sub-paragraph (1) of paragraph 95, but where in addition the application is made before 31st July 2007.

• (2) The licensing authority must determine any such application within a period of one month beginning on the date on which the application is made.

• (3) If the licensing authority do not determine the application within the period referred to in sub-paragraph (2)—

• (a) the application is to be treated as having been granted, and

• (b) the relevant FEC gaming machine permit as having been issued to the applicant,

on the day immediately following the end of that period.

• (4) Where by virtue of sub-paragraph (3) above a FEC gaming machine permit is treated as having been issued to a person, paragraph 8(3) of Schedule 10 to the 2005 Act (which makes provision about the issuing of FEC gaming machine permits) is to have effect as if it required the licensing authority to provide the applicant with a copy of the permit as soon as practicable on or after the date of issue.

• (5) For the purposes of paragraph 11(1)(c) of Schedule 10 to the 2005 Act (which requires the date on which a FEC gaming machine permit takes effect to be specified in the permit), the licensing authority are to specify 1st September 2007 as the date on which the FEC gaming machine permit takes effect.

Conversion of section 34 permits into FEC gaming machine permits: supplementary provisions

99

• (1) This paragraph applies to an advance application for a FEC gaming machine permit where the person making the application qualifies as an existing family entertainment centre operator by virtue of paragraph 94(2)(b).

• (2) Paragraph 95(1) is to have effect in relation to such an application as if the following paragraph was substituted for paragraph (b)—

(b) the application relates to the same or substantially the same premises as those to which the application for the section 34 permit relates, and

• (3) Where the application meets the conditions in paragraphs (a) to (c) of sub-paragraph (1) of paragraph 95, that sub-paragraph is to be modified so that—

• (a) the licensing authority may not determine the application for a FEC gaming machine permit before the application for the section 34 permit has been determined;

• (b) the licensing authority are only to be under a duty to grant the application for a FEC gaming machine permit if the application for the section 34 permit is granted; and

• (c) the licensing authority must reject the application for a FEC gaming machine permit if the application for the section 34 permit is refused.

• (4) Sub-paragraph (3) is subject to paragraph 100(2).

• (5) The following provisions of this paragraph apply where the application is one to which paragraph 98 applies.

• (6) Sub-paragraph (2) of paragraph 98 is to be subject to paragraph (3) above.

• (7) Where—

• (a) the application for the section 34 permit is granted before 1st September 2007, but

• (b) it is granted after the day referred to in sub-paragraph (3) of paragraph 98,

that sub-paragraph is to have effect as if it provided for the application to be treated as having been granted and the relevant FEC gaming machine permit issued on the date on which the application for the section 34 permit is granted.

• (8) Sub-paragraphs (2) and (3) of paragraph 98 are not to apply where the application for the section 34 permit is refused or withdrawn, or is not granted before 1st September 2007.

• (9) For the purposes of this paragraph, where an application for a section 34 permit is refused, it is not to be treated as having been determined or refused until the period for appealing against the decision to refuse the permit has elapsed; or, if an appeal is made, unless and until the appeal is dismissed or abandoned.

Conversion of section 34 permits into FEC gaming machine permits: supplementary provisions where premises are situated in Scotland

100

• (1) This paragraph applies in any case falling within paragraph 99 where the premises to which the application for the section 34 permit relates are situated in Scotland.

• (2) Paragraph 99 is to have effect as if for sub-paragraph (3) there were substituted—

(3) Where the application meets the conditions in paragraphs (a) to (c) of sub-paragraph (1) of paragraph 95, that sub-paragraph is to be modified so that— (a) the licensing authority may not determine the application for a FEC gaming machine permit until the applicant notifies it in writing of the determination of the application for the section 34 permit; (b) the licensing authority are only to be under a duty to grant the application for a FEC gaming machine permit if— (i) the application for the section 34 permit is granted, and (ii) the applicant has given the authority written notice of that fact and provided it with a copy of the permit; and (c) the licensing authority must reject the application for a FEC gaming machine permit if the application for the section 34 permit is refused.

• (3) Subject to sub-paragraphs (4) and (5) below, where sub-paragraph (3) of paragraph 98 applies because the application for the section 34 permit is granted before 1st September 2007, sub-paragraph (4) of that paragraph is to have effect as if it required the licensing authority to provide the applicant with a copy of the FEC gaming machine permit as soon as practicable on or after the date on which they are notified of the grant of the application for the section 34 permit and provided with a copy of the permit.

• (4) Where paragraph 98(3) applies because the application for the section 34 permit is granted before 1st September 2007, the applicant must notify the licensing authority of the fact that the application has been granted, and provide them with a copy of the section 34 permit, before the end of the period of 14 days beginning on the day on which the application is granted.

• (5) Where the applicant fails to do the things referred to in sub-paragraph (4) within the period specified in that sub-paragraph, the licensing authority may revoke the permit issued in accordance with paragraph 98(3).

PART 11 — Conversion of permits under section 16 of the Lotteries and Amusements Act 1976 into prize gaming permits

Meaning of existing operator for the purposes of an application for a prize gaming permit

101

• (1) This paragraph specifies the circumstances in which a person applying for a prize gaming permit under Schedule 14 to the 2005 Act (referred to in this Part as a “prize gaming permit”) is to be treated for the purposes of this Part as an existing operator.

• (2) A person is an existing operator if on the date on which he makes the application for the prize gaming permit—

• (a) he holds a permit issued under section 16 of the 1976 Act (which provides for permits authorising the provision of amusements with prizes at certain commercial entertainments) (referred to in this Part as a “section 16 permit”), or

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

Conversion of section 16 permits into prize gaming permits

102

• (1) Where—

• (a) an existing operator makes an advance application for a prize gaming permit,

• (b) the application relates to the same or substantially the same premises as those to which the section 16 permit relates, and

• (c) the application complies with the requirements of paragraphs 3 to 5 and 6(b), (c) and (e) of Schedule 14 to the Act,

the licensing authority must grant that application.

• (2) Paragraphs 9(1)(b), 10 and 11 of Schedule 14 to the 2005 Act are not to apply to such an application.

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

103

• (1) This paragraph applies to any application for a prize gaming permit which meets the conditions in paragraphs (a) to (c) of paragraph 102(1), but does not comply with a requirement imposed under sub-paragraph (a) or (d) of paragraph 6 of Schedule 14 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 102(1) to grant the application until such time as the applicant complies with the request.

• (3) In the case of an application made before 31st July 2007, 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) If, in a case to which paragraph 105 applies, the applicant fails to comply with the request within the period specified in accordance with sub-paragraph (3) above—

• (a) sub-paragraph (3) of that paragraph is to cease to apply to the application after the end of that period; and

• (b) where the relevant prize gaming permit is treated as having been issued to the applicant by virtue of that sub-paragraph, the permit is to lapse.

Effect of cancellation of section 16 permit

104

• (1) Where—

• (a) a person makes an application for a prize gaming permit which meets the conditions in paragraphs (a) to (c) of paragraph 102(1), and

• (b) the section 16 permit by virtue of which he qualifies as an existing operator is cancelled,

the licensing authority must reject the application.

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

• (3) Where the section 16 permit is cancelled after the licensing authority have issued the prize gaming permit in pursuance of paragraph 102(1), the permit is to lapse on the date on which the section 16 permit is cancelled.

Provisions to ensure that existing operators can continue to operate on and after 1st September 2007

105

• (1) This paragraph applies to an application for a prize gaming permit which meets the conditions in paragraphs (a) to (c) of paragraph 102(1), but where in addition the application is made before 31st July 2007.

• (2) The licensing authority must determine any such application within a period of one month beginning on the date on which the application is made.

• (3) If the licensing authority do not determine the application within the period referred to in sub-paragraph (2)—

• (a) the application is to be treated as having been granted, and

• (b) the relevant prize gaming permit as having been issued to the applicant,

on the day immediately following the end of that period.

• (4) Where by virtue of sub-paragraph (3) above a prize gaming permit is treated as having been issued to a person, paragraph 9(3) of Schedule 14 to the 2005 Act (which makes provision about the issuing of prize gaming permits) is to have effect as if it required the licensing authority to provide the applicant with a copy of the permit as soon as practicable on or after the date of issue.

• (5) For the purposes of paragraph 12(1)(d) of Schedule 14 to the 1968 Act (which requires the date on which a prize gaming permit takes effect to be specified in the permit), the licensing authority are to specify 1st September 2007 as the date on which the prize gaming permit takes effect.

Conversion of section 16 permits into prize gaming permits: supplementary provisions

106

• (1) This paragraph applies to an application for a prize gaming permit where the person making the application qualifies as an existing operator by virtue of paragraph 101(2)(b).

• (2) Paragraph 102(1) is to have effect in relation to such an application as if the following paragraph was substituted for paragraph (b)—

(b) the application relates to the same or substantially the same premises as those to which the application for the section 16 permit relates, and

• (3) Where the application meets the conditions in paragraphs (a) to (c) of paragraph 102(1), that sub-paragraph is to be modified so that—

• (a) the licensing authority may not determine the application for a prize gaming permit before the application for the section 16 permit has been determined;

• (b) the licensing authority are only to be under a duty to grant the application for a prize gaming permit if the application for the section 16 permit is granted; and

• (c) the licensing authority must reject the application for a prize gaming permit if the application for the section 16 permit is refused.

• (4) Sub-paragraph (3)(b) is subject to paragraph 107(2).

• (5) The following provisions of this paragraph apply where the application is one to which paragraph 105 applies.

• (6) Sub-paragraph (2) of paragraph 105 is to be subject to paragraph (3) above.

• (7) Where—

• (a) the application for the section 16 permit is granted before 1st September 2007, but

• (b) it is granted after the day referred to in sub-paragraph (3) of paragraph 105,

that sub-paragraph is to have effect as if it provided for the application to be treated as having been granted and the relevant prize gaming permit issued on the date on which the application for the section 16 permit is granted.

• (8) Sub-paragraphs (2) and (3) of paragraph 105 are not to apply where the application for the section 16 permit is refused or withdrawn, or is not granted before 1st September 2007.

• (9) For the purposes of this paragraph, where an application for a section 16 permit is refused, it is not to be treated as having been determined or refused until the period for appealing against the decision to refuse the permit has elapsed; or, if an appeal is made, unless and until the appeal is dismissed or abandoned.

Conversion of section 16 permits into prize gaming permits: supplementary provisions where premises are situated in Scotland

107

• (1) This paragraph applies in any case falling within paragraph 106 where the premises to which the application for the section 16 permit relates are situated in Scotland.

• (2) Paragraph 106 is to have effect as if for sub-paragraph (3) there were substituted—

(3) Where the application meets the conditions in paragraphs (a) to (c) of paragraph 102(1), that sub-paragraph is to be modified so that— (a) the licensing authority may not determine the application for a prize gaming permit until the applicant notifies it in writing of the determination of the application for the section 16 permit; and (b) the licensing authority are only to be under a duty to grant the application for a prize gaming permit if— (i) the application for the section 16 permit is granted, and (ii) the applicant has given the authority written notice of that fact and provided it with a copy of the permit; (c) the licensing authority must reject the application for a prize gaming permit if the application for the section 16 permit is refused.

• (3) Subject to sub-paragraphs (4) and (5) below, where sub-paragraph (3) of paragraph 105 applies because the application for the section 16 permit is granted before 1st September 2007, sub-paragraph (4) of that paragraph is to have effect as if it required the licensing authority to provide the applicant with a copy of the prize gaming permit as soon as practicable on or after the date on which they are notified of the grant of the application for the section 16 permit and provided with a copy of the permit.

• (4) Where paragraph 105(3) applies because the application for the section 16 permit is granted before 1st September 2007, the applicant must notify the licensing authority of the fact that the application has been granted, and provide them with a copy of the section 16 permit, before the end of the period of 14 days beginning on the day on which the application is granted.

• (5) Where the applicant fails to do the things referred to in sub-paragraph (4) within the period specified in that sub-paragraph, the licensing authority may revoke the permit issued in accordance with paragraph 105(3).

Signed

Richard Caborn — Minister of State — Department for Culture, Media and Sport — 6th December 2006

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides for the commencement of the provisions of the Gambling Act 2005 (“the 2005 Act”) which are yet to be brought into force. It also contains transitional provisions in connection with the commencement of the provisions brought into force by the Order.

The Order provides for the relevant provisions of the 2005 Act to come into force on four separate dates: 1st January 2007, 30th April 2007, 1st June 2007 and 1st September 2007.

Provisions coming into force on 1st January 2007 Article 2(1) brings the provisions of the 2005 Act specified in Schedule 1 to the Order into force on 1st January 2007. For the most part, the provisions are in Parts 5, 6 and 7 of the 2005 Act which relate respectively to operating licences, personal licences and appeals to the Gambling Appeals Tribunal. The provisions of Parts 5 that are brought into force include those required to enable advance applications for operating licences to be made, for such applications to be considered and for such licences to be issued before 1st September 2007 (sections 69 to 74); and for conditions to be attached to such licences (sections 75 to 79, 80, 81 and 84 to 99). Other provisions of Part 5 brought into force include section 100 (annual fee); section 101 (power by regulations to require holders of operating licences to notify a change of circumstance); sections 102 and 103 (which relate to cases where the holder of an operating licence is a company limited by shares and undergoes a change of corporate control); sections 104 and 105 (which respectively provide for applications to vary, and powers for the Gambling Commission to require the amendment of, operating licences); section 106 (the maintenance of a register of operating licences by the Gambling Commission); section 107 (the power for the Gambling Commission to issue copies of licences lost, stolen or damaged); and sections 113 to 115 (which provide respectively for the surrender, lapse and forfeiture of operating licences in specified circumstances. Also brought into force on 1 January 2007 are the provisions of Part 5 which provide for review of operating licences (sections 116 to 122). In relation to Part 6 of the 2005 Act, section 128 (which applies the provisions of Part 5 to personal licences) is brought into force to the extent that it relates to the provisions of Part 5 brought into force on 1st January 2007. Other provisions of Part 6 brought into force on 1 January 2007 include section 129 (which provides an exemption for small-scale operators from the personal licensing regime); section 132 (which makes provision with respect to periodic fees); section 133 (which relates to multiple licences); and section 136. The whole of Part 7 of the 2005 Act is brought into force on 1st January 2007. That Part provides for appeals to the Gambling Appeals Tribunal from decisions or actions taken by the Gambling Commission in connection with operating and personal licences, and applications for such licences. Also brought into force on 1 January 2007 are provisions of Part 10 relating to gaming machines. These include sections 235 (partially), 237, 238 and 239 (each of which define terms for the purposes of the 2005 which are relevant to gaming machines); section 240 (which enables regulations to be made controlling the circumstances in which gaming machines are made available for use); section 241 (which enables regulations to be made about the supply, installation, adaptation, maintenance or repair of gaming machines); section 248(2) (which enables regulations to be made creating exceptions from the offence under section 243 in connection with machines which do not provide an opportunity to win a prize); and section 251 (which provides for the territorial application of Part 10). Section 341 (which makes it an offence to provide false information to, amongst others, the Gambling Commission) is brought into force on 1st January 2007.

Provisions coming into force on 30th April 2007 Article 2(2) brings the provisions of the 2005 Act specified in Schedule 2 to the Order into force on 30th April 2007. In the main, the provisions are those necessary to enable advance applications to be made for premises licences (other than for regional, large or small casino premises licences), for provisional statements in respect of premises licences and for family entertainment centre permits and prize gaming permits. The following provisions of Part 8 (which relates to premises licences under the 2005 Act) are brought into force on 30 April 2007: sections 150 to 152 (which make provision with respect to matters relating to premises licences, including the nature of the licence and its form); section 153 (which specifies the principles to be applied by licensing authorities in exercising their functions under Part 8); sections 154 and 155 (which relate to the delegation of functions by licensing authorities) section 156 which requires licensing authorities to maintain a register of premises licences); and sections 157 and 158 (which define respectively the terms “responsible authorities” and “interested party” for the purposes of Part 8). Sections 159 to 165 are brought into force to enable advance application to be made for premises licences, for such applications to be determined and premises licences to be issued before 1st September 2007. These provisions are not however brought into force on 30 April 2007 for enabling advance applications to be made for regional, large and small casino premises licences. Sections 167 to 171, and section 181 (which relates specifically to betting machines) are brought into force for enabling conditions to be attached to premises licences. Other provisions of Part 8 brought into force on 30th April 2007 are sections 174 and 176 (which relates to casino premise licences); section 184 (which relates to annual fees for premises licences); section 186 (which provides for specified changes of circumstances to be notified by the holder of a premises licence); sections 187 to 189 (which provide for applications to vary and transfer premises licences); section 190 (power for licensing authorities to issues copies of licences lost, stolen or damaged); sections 192 and 194 (which provide for the surrender and lapse in specified circumstances of premises licences); and sections 195 and 196 (which relate to reinstatement of premises licences). Section 204 is also brought into force on 30 April 2007 for the purpose of enabling advance applications for provisional statements to be made, considered and determined. However, it is not brought into force on that date in relation to applications for provisional statements in respect of casinos. Other provisions brought into force on 30 April are section 205 (which makes provision with respect to the effect of a provisional statement in relation to a premises licence application under Part 8); sections 206 to 209 (which provide for appeals against decisions of licensing authorities on applications under Part 8); and sections 210 to 213 (which make provision respectively for the interrelationship between applications under Part 8 and the law relating to planning or building; vehicles and vessels; fees; and interpretation of expressions used in Part 8). The provisions of Schedule 10, which relate to the making of applications for family entertainment centre gaming machine permits, are brought into force on 30th April 2007 for the purpose of enabling applications for such permits to be made, considered and determined; and to enable such permits to be issued before 1st September 2007. Other provisions of Schedule 10 which apply to permits once they have been issued are also brought into force on that date. The provisions of Schedule 14, which relate to the making of applications for prize gaming permits, are brought into force on 30th April 2007 for the purpose of enabling applications for such permits to be made, considered and determined; and to enable such permits to be issued before 1st September 2007. Other provisions of Schedule 14 which apply to permits once they have been issued are also brought into force on that date. Provisions of Part 15 (which relates to the inspection of premises) are brought into force on 30th April 2007. The provisions which are brought into force are those which enable inspections to take place in connection with applications for a premises licence, applications for family entertainment centre gaming machine permits and applications for prize gaming permits.

Provisions coming into force on 1st June 2007 Article 2(3) brings the provisions of the 2005 Act specified in Schedule 3 to the Order into force on 1st June 2007. Sections 159 to 165 (which are partially commenced on 30th April 2007) are brought into force on 1st June 2007 to enable advance applications to be made for regional, large and small casino premises licences, and to enable applications for provisional statements in respect of such casinos to be made under section 204. Sections 266 to 268 (which define the expressions “members’ club”, “commercial club” and “miners’ welfare institute”) are brought into force on 1st June 2007. Section 271(2) (which defines “club gaming permit”), section 273(2) (which defines “club machine permit”), and section 274 (which gives effect to Schedule 12) are also brought into force on that date. Specified provisions of Schedule 12 are brought into force for the purposes of enabling advance applications for club gaming and machine permits to be made from 1st June 2007, and such permits to be issued before 1st September 2007. Sections 277 and 278 (which respectively define expressions relating to alcohol licences and specify the premises to which sections 279 to 284 apply) are brought into force on 1st June 2007. Section 282 (partially) (which enables up to 2 Category C or D gaming machines to be made available on alcohol licensed premises) and section 283(2) and (5) (which defines the expression “licensed premises gaming machine permit” and gives effect to Schedule 13) are also brought into force on that date. Specified provisions of Schedule 13 are brought into force for the purposes of enabling advance applications for licensed premises gaming machine permits to be made from 1st June 2007, and such permits to be issued before 1st September 2007. Section 284 (which enables licensing authorities to make orders disapplying the exemption in section 279 or section 282(1) to specified alcohol licensed premises) is brought into force on 1st June 2007. Also brought into force on that date are sections 310(1) and 312(4) which enable inspections to be carried out in connection with respectively applications for licensed premises gaming machine permits and applications for club gaming and machine permits.

Provisions coming into force on 1st September 2007 Article 2(4) of the Order provides for the 2005 Act to come into force for all remaining purposes on 1st September 2007. This is subject to article 3 to 5 of the Order which make provision for the repeal of the Betting, Gaming and Lotteries Act 1963 (“the 1963 Act”), the Gaming Act 1968 (“the 1968 Act”) and the Lotteries and Amusements Act 1976 (“the 1976 Act”) to have effect on 1 September 2007 for all remaining purposes except to the extent specified in those articles. Article 3 provides for the repeal of the 1963 Act for all remaining purposes except in relation to specified provisions relating to the Totalisator Board and the Levy Board, and for the purposes of enabling applications for specified licences or other authorisations under that Act, which have not been determined immediately before 1st September 2007, to continue to be dealt with. Article 4 provides for the repeal of the 1968 Act for all remaining purposes except for the purposes of enabling applications for specified licences and other authorisations under that Act, which have not been determined immediately before 1st September 2007, to continue to be dealt with. Article 5 provides for the repeal of the 1976 Act for all purposes except for the purposes of enabling applications for registrations and other authorisations under that Act, which have not been determined immediately before 1st September 2007, to continue to be dealt with.