The Gambling (Inviting Competing Applications for Large and Small Casino Premises Licences) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about inviting applications under the Gambling Act 2005 (“the Act”) for—

• large and small casino premises licences, and

• provisional statements in respect of a large or small casino,

(together referred to as “applications”; and “applicant” means a person who makes an application).

Paragraph 2 of Schedule 9 to the Act requires a licensing authority to invite applications where a limit is specified in relation to the relevant category of casino premises licence under section 175 of the Act.

Regulation 3 provides that, before considering an application, a licensing authority must—

• publish an invitation calling for applications (“invitation”) that accords with regulations 4 and 5, and

• make arrangements for the provision, free of charge, of information about an invited application (“application pack”) to be provided to a person on request until the latest date by which an application must be made in order to be considered by the licensing authority (“closing date”). The application pack must accord with regulation 6.

Regulation 4 provides for the manner in which an invitation must be published. Regulation 5 sets out the information that must be included in an invitation. This information includes the closing date.

Regulation 6 sets out the information that must be included in an application pack.

Regulation 7(1) and (2) provides that—

• a licensing authority may not consider an application before the closing date stated in the invitation to which the application relates (“the relevant closing date”), and

• a licensing authority are not required to consider an application that is made after the relevant closing date.

Regulation 7(3) provides that an application that is made before the relevant closing date shall be treated, for the purposes of the Act and regulations made under it, as if it were made on the relevant closing date. This will mean, for example, that the period within which a person may make representations in relation to an application (prescribed by regulation 15 of the Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007 (SI 2007/459)) will begin from the relevant closing date rather than the date that the application was actually made.