The Gambling Act 2005 (Licensing Authority Policy Statement) (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

The Gambling Act 2005 (“the Act”) gives licensing authorities functions in relation to the licensing of premises and issuing of permits for gambling. Under section 349 of the Act, licensing authorities are required to produce, at least every three years, a statement of the principles which they propose to apply when exercising their functions under the Act (“a statement”). A licensing authority may revise a statement at any time during which it has effect.

These Regulations set out requirements as to the form and publication of a statement or a revision to a statement.

Regulation 3 requires the statement to include an introductory section summarising the matters contained in the statement, describing the geographical area in respect of which the authority exercises functions under the Act, and listing the persons consulted in preparing the statement.

Regulation 4 provides that statements of principles to be applied in relation to specified functions must be contained in separate sections of the statement.

Under regulation 5, a revision is also to include a summary of the matters contained in the revision. The introductory section of a revision is also to list the persons whom the authority has consulted in preparing the revision. Where a revision deals with any of the matters referred to in regulation 4 it is to comply with the provisions of that regulation.

Regulation 6 sets out requirements about the advertisement and publication of a statement or revision. No later than the date on which a statement or revision is published, a notice setting out various details about the statement or revision must be published on the licensing authority’s website, and in at least one of the other places set out in paragraph (3)(b). The statement or revision must be published on the licensing authority’s website, and in at least one of the places set out in paragraph (4), for a period of at least four weeks before it comes into effect.