The Gambling Act 2005 (Temporary Use Notices) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with temporary use notices under Part 9 of the Gambling Act 2005 (“the Act”). Part 9 enables a person holding an operating licence to give a temporary use notice in respect of premises. The effect of the notice is to authorise the premises to be used during the period specified in the notice for carrying on gambling activities without an offence being committed under section 37 of the Act (which makes it unlawful to use premises for providing facilities for gambling without the appropriate premises licence).

Regulation 2 prescribes for the purposes of section 215(2)(a) of the Act the activities which may be specified in a temporary use notice. The activities are providing facilities for any form of equal chance gaming where those participating in the gaming are taking part in a competition which is intended to produce a single, overall winner. But this does not include equal chance gaming where any person is participating by means of a gaming machine.

Regulation 3 and Schedule 1 prescribe the form of a temporary use notice and the information to be contained in it. Two forms are prescribed: the form in Part 1 of Schedule 1 is to be used for premises other than vessels, and the form in Part 2 of Schedule 1 is to be used for vessels.

Regulation 4 and Schedule 2 prescribe the form of a counter-notice under Part 9 of the Act.

Regulation 5 makes further provision about the information to be included in a temporary use notice or a counter-notice under Part 9 of the Act.

Regulation 6 makes provision about the manner in which a temporary use notice submitted to a licensing authority is to be endorsed by the authority under section 227(2) or (3) of the Act.

Regulation 7 makes provision about fees in connection with temporary use notices. Paragraph (1) (which applies to England and Wales only) makes provision about the amount of the fee which is to accompany a temporary use notice given to a licensing authority. It provides for the fee to be of such amount as may be determined by the licensing authority up to a maximum of £500. Paragraph (2) prescribes the amount of the fee which is payable under section 227(6) where a licensing authority make arrangements for the replacement of an endorsed temporary use notice which has been lost, stolen or damaged. In England and Wales, the fee is to be of such amount as may be determined by the licensing authority up to a maximum of £25; and in Scotland the fee is £25.