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Gambling Act 2005

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This is the original version (as it was originally enacted).

Conditions

167Mandatory conditions

(1)The Secretary of State may by regulations provide for a specified condition to be attached to premises licences.

(2)Regulations under this section may, in particular—

(a)make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;

(b)make different provision for different classes of licence or for different circumstances.

(3)In relation to premises licences issued in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

168Default conditions

(1)The Secretary of State may by regulations prescribe for a specified condition to be attached to any premises licence unless excluded by the authority who issue the licence.

(2)Regulations under this section may, in particular—

(a)make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;

(b)make different provision for different classes of licence or for different circumstances.

(3)In relation to a premises licence issued by an authority in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

169Conditions imposed or excluded by licensing authority

(1)Where a licensing authority issue a premises licence they may—

(a)attach a condition to the licence;

(b)exclude a condition that would otherwise be attached to the licence by virtue of section 168.

(2)A condition attached to the licence under subsection (1)(a) may, in particular, address a matter addressed by a condition excluded under subsection (1)(b).

(3)A condition attached to the licence under subsection (1)(a) may apply in relation to the premises generally or only in relation to a specified part of the premises.

(4)A licensing authority may not attach a condition to a premises licence which prevents compliance with a condition of the operating licence which authorises the holder to carry out the activity in respect of which the premises licence is granted.

170Membership

A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169)—

(a)requiring all or part of the premises, or any activity taking place on the premises, to be operated or carried on as a club or other body with membership, or

(b)restricting use of any part of the premises wholly or partly by reference to membership of a club or other body.

171Stakes, &c.

(1)A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169) imposing limits on—

(a)stakes,

(b)fees,

(c)winnings, or

(d)prizes.

(2)The prohibition in subsection (1)(b) shall not prevent the imposition by virtue of section 167 of a condition about fees for admission to a track.

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