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The Gambling Act 2005 (Mandatory and Default Conditions) (Scotland) Regulations 2007

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PART 2Mandatory conditions attaching to track premises licences in respect of premises that are horse-racing tracks

1.—(1) This paragraph shall apply to converted track premises licences in respect of premises that are horse-racing tracks.

(2) The licence holder shall ensure that in respect of any part of the track, which immediately before 1st September 2007 was made available for the purposes of complying with a condition imposed under section 13(2) of the 1963 Act (which provides for conditions to be imposed on a certificate under section 13 relating to the places which are to be provided for enabling betting to take place on the track), that part shall continue to be made available for the purposes of enabling betting operators and betting operator’s assistants to use it for carrying on business in connection with providing facilities for betting.

(3) Sub-paragraph (2) is without prejudice to any application under section 187 of the Act (application to vary a premises licence) to change the location of the part of the track to which sub paragraph (2) applies.

(4) Where such an application is granted, sub-paragraph (2) is to have effect as if it required the licence holder to ensure that the part of the track identified in the application as the new location for the area referred to in that sub-paragraph is made available for the purposes of enabling betting operators and betting operator’s assistants to carry on business in connection with providing facilities for betting.

(5) References in this paragraph to an “existing betting area” are to any part of the track which is required to be made available in accordance with the preceding provisions of this paragraph for the purposes of enabling betting operators and betting operator’s assistants to carry on business in connection with providing facilities for betting.

(6) The charge for admission to an existing betting area for the purposes of carrying on business in connection with providing facilities for betting shall not exceed–

(a)where payable by a betting operator, five times the cost of the highest charge paid by members of the public who are authorised to enter that part of the track; and

(b)where payable by a betting operator’s assistant, the cost of the highest charge paid by members of the public who are authorised to enter that part of the track.

(7) A betting operator or betting operator’s assistants shall not be charged, for admission to an existing betting area, an amount which differs from that charged to any other betting operator or betting operator’s assistant for admission to that part of the track.

(8) No charges may be made to betting operators and betting operator’s assistants who are admitted to the existing betting areas of the track, other than–

(a)the charge for admission in accordance with sub-paragraphs (6) and (7); and

(b)charges levied to cover costs reasonably incurred by the licence holder in discharging the duties under paragraphs 4 and 5 of Part 1 of this Schedule.

(9) Sub-paragraph (8) is without prejudice to any agreement under which a betting operator or a betting operator’s assistant is required to make payments to the licence holder in connection with any costs incurred by the licence holder in providing facilities for use by the betting operator or betting operator’s assistant in carrying on business in connection with providing facilities for betting.

(10) This paragraph shall not apply after 31st August 2012.

2.—(1) Subject to sub-paragraph (2), this paragraph shall apply to all track premises licences in respect of premises that are horse-racing tracks.

(2) The licence holder shall provide a place on the premises where betting operators, who do not hold a betting premises licence, and betting operators' assistants may carry on business in connection with providing facilities for betting and to which the public may resort for the purpose of betting.

(3) This paragraph shall only apply after 31st August 2012.

3.  In this Part, “converted track premises licence” means a premises licence issued in respect of a track where–

(a)the holder of the licence held a track betting licence under section 6 of the 1963 Act, or a certificate under section 13 of that Act, in respect of the same or substantially the same premises (referred to below as “the 1963 Act permission”);

(b)the 1963 Act permission had effect immediately before 1st September 2007; and

(c)the holder of the licence was granted the premises licence, under transitional provisions made under paragraph 9 of Schedule 18 to the Act, by reason of holding the 1963 Act permission.

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