The Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007

Citation, commencement and application

1.  These Regulations may be cited as the Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007 and shall come into force on 1st August 2007.

2.  These regulations apply to England and Wales and Scotland, except regulations 8, 15 and 16, which apply only to England and Wales.

Interpretation

3.—(1) In these Regulations—

“the Act” means the Gambling Act 2005;

“the 1968 Act” means the Gaming Act 1968(1);

“applicant” means a members’ club(2), commercial club(3) or miners’ welfare institute(4) that is making an application under paragraph 1(1) or (as the case may be) paragraph 1(2) or 24(1);

“application” means, unless otherwise specified, an application—

(a)

for a club gaming permit(5) under paragraph 1(1),

(b)

for a club machine permit(6) under paragraph 1(2), or

(c)

to renew a club gaming or club machine permit under paragraph 24(1),

as the case may require;

“existing Part 2 operator” means an applicant—

(a)

who is registered—

(i)

under Part 2 of the 1968 Act (a “Part 2 registration”) and the registration has effect immediately before 1st September 2007, or

(ii)

under Part 2 of the 1968 Act on or after 1st September 2007; and

(b)

whose application—

(i)

relates to the same or substantially the same premises as those to which the Part 2 registration relates,

(ii)

complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and

(iii)

is made before the relevant date;

“existing Part 3 operator” means an applicant—

(a)

who is registered—

(i)

under Part 3 of the 1968 Act (a “Part 3 registration”) and the registration has effect immediately before 1st September 2007, or

(ii)

under Part 3 of the 1968 Act on or after 1st September 2007; and

(b)

whose application—

(i)

relates to the same or substantially the same premises as those to which the Part 3 registration relates,

(ii)

complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and

(iii)

is made before the relevant date;

“permit” means—

(a)

a club gaming permit; or

(b)

a club machine permit;

“relevant date”—

(a)

in relation to a Part 2 registration, has the meaning given in paragraphs 80(3) to (5) of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006(7) (“the Order”); and

(b)

in relation to a Part 3 registration, has the meaning given in paragraphs 88(3) to (5) of Schedule 4 to the Order.

(2) A reference in these Regulations to a numbered paragraph is a reference to that paragraph of Schedule 12 to the Act so numbered.

Form and manner of application for a permit and application fee

4.  An application must be made in the form prescribed in Schedule 1.

5.  Where an application is made by an existing Part 2 or Part 3 operator, the application shall be accompanied by a copy of—

(a) the applicant’s registration certificate within the meaning of paragraph 18(1) of Schedule 3 or paragraph 16(1) of Schedule 4 to the 1968 Act, if the applicant is an existing Part 2 operator, or

(b) a copy of the certificate issued to the applicant under paragraph 21 of Schedule 7 to the 1968 Act, if the applicant is an existing Part 3 operator.

6.  An application under paragraph 24(1) to renew a permit shall be accompanied by a copy of that permit.

7.  For the purposes of paragraph 3(1), an applicant must send a copy of an application and any accompanying documents to—

(a) the Commission, and

(b) the chief officer of police (within the meaning given in paragraph 3(1)(b)), or in Scotland the chief constable,

within a period of 7 days beginning on the date on which the application is made.

8.—(1) The fee to accompany an application, other than an application to renew a permit under paragraph 24(1), is £200 except that where—

(a) the application is made in accordance with paragraph 10 (which applies where the applicant for a permit is the holder of a club premises certificate under section 72 of the Licensing Act 2003(8)), or

(b) the application is made by an existing Part 2 operator or an existing Part 3 operator,

the fee is £100.

(2) The fee to accompany an application to renew a permit under paragraph 24(1) is—

(a) subject to sub-paragraph (b), £200, or

(b) where the application is made in accordance with paragraph 10, £100.

Objections

9.  An objection under paragraph 4 to an application must be made—

(a) within a period of 28 days beginning on the date on which the application was made to the licensing authority(9);

(b) by sending to the licensing authority to whom the application is made, two copies of a written statement setting out the reasons for the objection.

Form of Permit

10.  A club gaming permit must be in the form prescribed in Schedule 2.

11.  A club machine permit must in the form prescribed in Schedule 3.

Annual Fees

12.  The first annual fee for a permit payable to the issuing licensing authority under paragraph 14(1)(a) is £50.

13.  The annual fee for a permit payable to the issuing licensing authority under paragraph 14(1)(b) is £50.

Date by which first annual fee is payable

14.—(1) Where a permit comes into effect on the issue date, the first annual fee for the permit shall be paid within 30 days after that date.

(2) Where a permit specifies that it is to come into effect on a date after the issue date, the first annual fee for the permit shall be paid within—

(a) the relevant period, or

(b) 12 months,

after the issue date, whichever is sooner.

(3) Paragraph (2) does not apply to a permit issued before 1st September 2007.

(4) In this regulation—

“the effective date”, in relation to a permit which specifies that it is to come into effect on a date after the issue date, means the date so specified,

“the issue date” means the date on which a permit is issued, and

“the relevant period”, in relation to a permit, means the period which is equal to the sum of—

(a)

the period between the issue date and the effective date, and

(b)

30 days.

Other Fees

15.  The fee to accompany an application under paragraph 15(1) to vary a permit is £100.

16.  The fee to accompany an application under paragraph 16(1) for a copy of a permit is £15.

Matters not required to be included in an application or permit

17.—(1) The first page of the form prescribed in Schedule 1 may include any symbol or logo which is commonly used by a licensing authority to identify documents produced by it.

(2) Where matters are included in square brackets in any form in Schedules 1 to 3, they are intended to indicate and explain the information to be specified in the application to which the form relates, and are not required to be included in the application.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

26th June 2007