These Regulations may be cited as the Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 and shall come into force on 21st May 2007.

These Regulations extend to England and Wales only.

In these Regulations—

• “annual fee” in relation to a premises licence means the fee payable under section 184(1)(b) for the licence,

• “application fee” means—

  1. a

     in relation to an application for a premises licence under section 159(1) (whether it is a conversion or non-conversion application), the fee to accompany such an application payable under section 159(6)(c),

  2. b

     in relation to an application to vary a premises licence under section 187(1), the fee to accompany such an application payable under section 159(6)(c) (as applied by section 187(3)),

  3. c

     in relation to an application to transfer a premises licence under section 188(1), the fee to accompany such an application payable under section 159(6)(c) (as applied by section 188(2)),

  4. d

     in relation to an application for a copy of a premises licence under section 190(1), the fee to accompany such an application payable under section 190(2),

  5. e

     in relation to an application for reinstatement of a premises licence under section 195(2), the fee to accompany such an application payable under section 159(6)(c) (as applied by section 195(3)), and

  6. f

     in relation to an application for a provisional statement under section 204(1), the fee to accompany such an application payable under section 159(6)(c) (as applied by section 204(2)),

• “betting premises (other) licence” means a betting premises licence that is not a betting premises (track) licence,

• “betting premises (track) licence” means a betting premises licence issued in respect of a track or any part of a track,

• “conversion application” means an application to which paragraph 54 of Schedule 4 to the Transitional Order applies,

• “converted casino premises licence” means a casino premises licence to which paragraph 65 of Schedule 4 to the Transitional Order applies,

• “fast track application” means an application to which paragraph 57 of Schedule 4 to the Transitional Order applies,

• “first annual fee”, in relation to a premises licence, means the fee payable under section 184(1)(a) for the licence,

• “non-conversion application” means an application for a premises licence under section 159(1) that is not a conversion application,

• “non-fast track application” means an application to which paragraph 56 of Schedule 4 to the Transitional Order applies,

• “relevant licensing authority” means—

  1. a

     in relation to an application for—

     1. i

        a premises licence under section 159(1) (whether it is a conversion or non-conversion application), or

     2. ii

        a provisional statement under section 204(1),

     the licensing authority to whom the application is made, and

  2. b

     in relation to—

     1. i

        any other application,

     2. ii

        a notification of a change of circumstance under section 186(1), or

     3. iii

        the first annual fee or annual fee,

     in respect of a premises licence, the licensing authority who issued the licence,

• “the Table” means the table of maximum fees set out in the Schedule, and

• “the Transitional Order” means the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 20062.

A reference in these Regulations to a section of an Act is a reference to a section of the Gambling Act 2005.

In applying regulation 8(2), the class of premises licence to which an annual fee relates is to be determined as at the date by which the fee is payable.

The amount of the application fee for a conversion application shall be determined by the relevant licensing authority.

The amount of the application fee for a non-conversion application shall be determined by the relevant licensing authority.

The amount of the first annual fee for a premises licence shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed the amount of the annual fee for the licence as determined in accordance with regulation 8.

This regulation is subject to regulation 9.

Where a licence comes into effect on the issue date, the first annual fee for the licence shall be paid within 30 days after that date.

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

In this regulation—

• “the effective date”, in relation to a licence 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 licence is issued, and

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

  1. a

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

  2. b

     30 days.

The amount of the annual fee for a premises licence shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed the amount specified in column (5) of the Table which is opposite the class of premises licence in column (1) to which the fee relates.

This regulation is subject to regulation 9.

In paragraph (1), “seasonal condition” means a condition attached to a licence by a licensing authority under section 169(1)(a) which provides that the premises to which the licence relates may be used for the activities specified in the licence for part of a year only.

The amount of the fee under section 186(3)(a) to accompany a notification of a change of circumstance under section 186(1) shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed £50.

The amount of the application fee for an application to vary a licence under section 187(1) shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed the amount specified in column (6) of the Table which is opposite the class of premises licence in column (1) to which the application relates.

The amount of the application fee for an application to transfer a licence under section 188(1) shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed the amount specified in column (7) of the Table which is opposite the class of premises licence in column (1) to which the application relates.

The amount of the application fee for an application for a copy of a licence under section 190(1) shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed £25.

The amount of the application fee for an application for reinstatement of a licence under section 195(2) shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed the amount specified in column (8) of the Table which is opposite the class of premises licence in column (1) to which the application relates.

The amount of the application fee for an application for a provisional statement under section 204(1) shall be determined by the relevant licensing authority.

But the amount of that fee shall not exceed the amount specified in column (9) of the Table which is opposite the relevant class of premises licence in column (1).

In paragraph (2), “the relevant class of premises licence”, in relation to an application for a provisional statement in respect of premises, means the class of premises licence to which an application for a licence in respect of the premises would, if made, relate.