The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

Registers and proof of licences, etc. N.I.

Register of licences, certificates and permits N.I.

174.—(1)  [F1 The Department of Justice shall cause to be kept (whether by clerks of petty sessions or otherwise)] a register of—

(a) bookmakers' licences;

(b) bookmaking office licences;

(c) bingo club licences;

(d) gaming machine certificates;

(e) gaming machine permits; and

(f) lottery certificates;

[F1 granted by a county court or a court of summary jurisdiction] .

(2) [F2 There shall be recorded] in the register in respect of each licence, certificate or permit—

(a) the matters which under this Order or by regulations are required to be specified on the licence, certificate or permit;

(b) particulars of the provisional grant of a bookmaking office licence or a bingo club licence and of any such licence declared final;

(c) particulars of any renewal of the licence or certificate or of the transfer of any bookmaking office licence;

(d) particulars of any bookmaking office licence or bingo club licence granted conditionally, of any period fixed by the court under Article 13(1) or (3) or 64(1) or (3) and of any declaration made by the court under Article 13(5) or 64(5);

(e) particulars of any notice served under Article 15(10), 66(9), 86(9) or 143(7);

(f) particulars of any restriction imposed on a bingo club licence under Article 63(8) or 68(5)(a), any direction given in respect of bingo club premises under Article 63(9) or 68(6)(a), any declaration made in respect of bingo club premises under Article 107, any variation of any such restriction or direction and any cancellation of any such direction or declaration;

[F3 (fa) particulars of any declaration made in respect of a licensed office under Article 107 and any cancellation of any such declaration;]

(g) particulars of any revocation of the licence, certificate or permit and of any disqualification order made in consequence of the revocation;

[F4 (gg) particulars of the forfeiture and cancellation of any bookmaking office licence in consequence of an order made under paragraph 15(1) of Schedule 1 to the Betting and Gaming Duties Act 1981;]

(h) particulars of any conviction of—

(i) a licensed bookmaker of any offence such as is mentioned in Article 53(1); or

(ii) any person of an offence mentioned in Article 79(1); or

(iii) a holder of a gaming machine certificate or a gaming machine permit of any offence mentioned in Article 125(1); or

(iv) a holder of a lottery certificate of any offence mentioned in Article 152;

and of any disqualification order made in consequence of the conviction;

(i) particulars of any matters such as are mentioned in paragraph (4)(a);

(j) such other matters as may be prescribed by regulations.

(3) [F5 The Department of Justice shall also cause to be kept] —

(a) the plans received F6 ... under[F3 paragraph (4)], Article 64(1)(b)F3 . . . or Part I of Schedule 9 as modified by Part II of that Schedule and any modifications of those plans consented to by the court under[F3 Article] 65(6);

(b) the particulars of any notice served under Article 173;

and those plans and particulars shall be deemed to be matters which are required to be, and have been, recorded in the register under paragraph (2).

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A clerk of petty sessions may make such alterations in the register as are necessary to ensure that the matters recorded in the register in respect of the licence, certificate or permit are accurate.

F1 Words in art. 174(1) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(7)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F2 Words in art. 174(2) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(7)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F3 2004 NI 1

F4 1986 c. 41

F5 Words in art. 174(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(7)(c) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F6 Words in art. 174(3)(a) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(7)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F7 Art. 174(4) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(7)(d), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Register of clubs N.I.

175.—(1)  [F8 The Department of Justice shall cause to be kept (whether by clerks of petty sessions or otherwise) a register of clubs] in respect of which a certificate of registration is issued under Article 97(1).

(2) [F9 There shall be recorded] in respect of each club entered in the register—

(a) the name of the club;

(b) the address of the premises of the club;

(c) the name and address of the owner of the premises;

(d) particulars of any renewal of registration of the club;

(e) particulars of any cancellation of registration of the club;

(f) particulars of conviction of any person of an offence under Article 126(12) or (14) committed in respect of the premises of the club and of any order made under Article 127 in consequence of the conviction;

(g) particulars of any matters such as are mentioned in paragraph (3);

(h) such other matters as may be prescribed by regulations.

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Article 174(5) shall apply to a register of clubs under this Article as it applies to a register of licences, certificates and permits under that Article.

F8 Words in art. 175(1) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(8)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F9 Words in art. 175(2) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(8)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F10 Art. 175(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(8)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Inspection of registers N.I.

176.  A register of licences, certificates and permits and a register of clubs may be inspected, and copies of all or any part of any entry in those registers may be taken, at all reasonable hours.

Returns to Department N.I.

177.   [F11 The Department of Justice shall, in respect of each such period as the Department may specify, arrange for a statement to be sent to the Department] showing—

(a) the number of—

(i) bookmakers' licences;

(ii) bookmaking office licences;

(iii) bingo club licences;

(iv) gaming machine certificates;

(v) gaming machine permits; and

(vi) lottery certificates;

[F12 granted by a county court or court of summary jurisdiction] ;

(b) the number of clubs F13 ... registered under this Order;

(c) the number of licences or certificates so granted which have been renewed;

(d) the number of bookmaking office licences which have been transferred;

(e) the number of clubs so registered for which registration has been renewed;

(f) the number of licences or certificates so granted which have been revoked;

(g) the number of clubs so registered for which registration has been cancelled;

(h) the number of disqualification orders made in consequence of—

(i) the revocation of any licence or certificate; or

(ii) the conviction of a licensed bookmaker for an offence mentioned in Article 53(1), or any person for an offence mentioned in Article 79(1) or for an offence under Article 126(12) or (14), or a holder of a gaming machine certificate or a gaming machine permit for an offence mentioned in Article 125(1) or the holder of a lottery certificate for an offence mentioned in Article 152;

and containing such other information as the Department may require.

F11 Words in art. 177 substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(9)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F12 Words in art. 177(a) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(9)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F13 Words in art. 177(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(9)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Registers to be evidence N.I.

178.—(1) A register of licences, certificates and permits and a register of clubs shall be received in evidence of the matters required by or under this Order to be recorded in them, and any document purporting to be certified by a clerk of petty sessions to be a true copy of an entry in either of those registers F14 ... shall be received in evidence of any such matters contained in the entry.

(2) On an application for—

(a) the grant, renewal or revocation of a bookmaker's licence, bookmaking office licence, bingo club licence, gaming machine certificate, or lottery certificate;

(b) the transfer of a bookmaking office licence;

(c) the grant of a gaming machine permit; or

(d) the grant, renewal or cancellation of the registration of a club under this Order;

the courtF15 . . . shall have regard to the entries, if any, in the register of licences, certificates and permits or, as the case may be, the register of clubs relating to the person by whom, or the premises in respect of which, the application is made.

F14 Words in art. 178(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(10), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F15 2004 NI 1

Proof of licences, etc. N.I.

179.—(1) A document purporting to be—

(a) a bookmaker's licence;

(b) a bookmaking office licence;

(c) a bingo club licence;

(d) a gaming machine certificate;

(e) a gaming machine permit;

(f) a lottery certificate; or

(g) a certificate of registration issued under Article 97(1);

and to be signed by the clerk of[F16 the court] by which the licence, certificate or permit was granted or, as the case may be, the club was registered shall be received in evidence.

(2) A document which has been issued by the clerk of petty sessions F17 ... and certified by him to contain a true copy of the particulars recorded in the register of licences, certificates and permits in respect of that licence, certificate or permit or, as the case may be, in the register of clubs in respect of that club shall be treated for the purposes of this Order as the licence, certificate or permit as the case may require.

(3) The clerk of petty sessions may issue a document under paragraph (2) where he is satisfied that a licence, certificate or permit has been lost or destroyed.

F16 2004 NI 1

F17 Words in art. 179(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 91(11), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)