Betting, Gaming and Lotteries Act 1963

5 (1) No application for a track betting licence shall be entertained by the licensing authority unless, at least two months before the date on which the application is made, the applicant has given to the licensing authority and to each of the authorities specified in sub-paragraph (2) of this paragraph notice in writing— E+W+S

(a) stating that it is intended to make the application on that date; and

(b) describing the situation of the track and the number and position of the exits provided or intended to be provided; and

(c) stating the number of spectators for whom accommodation is provided or is intended to be provided,

and has also published such a notice in at least two newspapers circulating in the locality in which the track is situated.

(2) The authorities referred to in the foregoing sub-paragraph are—

(a) if the track is situated in England—

(i) the council of any [F1 county] . . . F2 in which the track or any part thereof is situated; and

(ii) the local planning authority within the meaning of the M1 Town and Country Planning Act 1962 [F3 (not being the licensing authority)] for any area which includes the track or any part thereof;

(b) if the track is situated in Scotland—

[F4 (i) the council [F5 constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area] the track or any part thereof is situated; and

(ii) the [F6 planning authority] for any area which includes the track or any part thereof;]

(c) the appropriate officer or officers of police.

[F7 and for the purposes of this and the next succeeding paragraph [F8 “planning authority” has the meaning given] by section 172 of the M2 Local Government (Scotland) Act 1973.]

(3) Every notice given to the licensing authority under sub-paragraph (1) of this paragraph shall, until the hearing of the application to which the notice relates, be kept by the licensing authority at their offices so as to be available, at any time during office hours, for inspection by any member of the public free of charge.

Textual Amendments

F1 Word substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 13(2)

F2 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 16, 102(2), Sch. 8 para. 6(1)(b)(2), Sch. 17

F3 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 6(1)(c)(2)

F4 Para. 5(2)(b)(i)(ii) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 27(2)

F5 Words in Sch. 3 para. 5(2)(b)(i) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(4)(a)(i); S.I. 1996/323, art. 4

F6 Words in Sch. 3 para. 5(2)(b)(ii) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(4)(a)(ii); S.I. 1996/323, art. 4

F7 Words inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 27(2)

F8 Words in Sch. 3 para. 5(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(4)(a)(iii); S.I.1996/323, art. 4

Marginal Citations

M1 1962 c. 38.

M2 1973 c. 65.