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The Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2009

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Citation and commencement

1.  These Regulations may be cited as the Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2009 and come into force on 31 July 2009.

Amendment of the 2006 Regulations

2.  The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006(1) (“the 2006 Regulations”) are amended as set out in regulations 3 to 23 of these Regulations.

General interpretation

3.  In regulation 2(1)—

(a)after the definition of “general betting (standard) operating licence” insert—

“general betting (standard) (real events) operating licence” means a licence which falls within paragraph (b) of the definition of a “general betting (standard) operating licence”, but which is not a general betting (standard)(virtual events) operating licence”;

“general betting (standard) (virtual events) operating licence” means a licence which falls within paragraph (b) of the definition of a “general betting (standard) operating licence” and which only authorises the holder to provide facilities for betting on the outcome of a virtual game, race or other event or process(2);;

(b)omit the definition of “supply”;

(c)in the definition of “supplementary gambling software operating licence”, for ““supplementary gambling software operating licence” (as defined in section 65(2)(i) of the Act) means a gambling software operating licence” substitute ““supplementary gambling software operating licence” means a gambling software operating licence (as defined in section 65(2)(i) of the Act)”;

(d)after the definition of “supplementary operating licence” insert—

“supply” does not include install, adapt, maintain or repair;.

Units of division

4.  In regulation 3—

(a)for paragraphs (2)(d) and (e) substitute—

(d)in relation to a non-remote general betting (limited) operating licence (other than one falling within subparagraph (e)), the number of working days being the maximum number of days in the relevant period on which the licence will authorise the licensee to undertake activities authorised by it;

(e)in relation to a non-remote general betting (limited) operating licence under the authority of which the licensee provides, from a dog track, facilities for betting on the outcome of greyhound races taking place at that track (“relevant betting facilities”), the number of working days as calculated in accordance with the following formula—

A – B

where—

(i)A is the total number of working days in the relevant period on which the licence holder undertakes activities authorised by the licence, and

(ii)B is the total number of working days in the relevant period on which the licence holder provides relevant betting facilities in connection with relevant greyhound races but does not undertake any other activity authorised by the licence;

(f)in relation to a non-remote general betting (standard) operating licence the number of licensed premises, which is the maximum number of sets of premises on which the licence will authorise the licensee to carry on the activities authorised by the licence in the relevant period.;

(b)after paragraph (3)(b) insert—

(c)a reference to “relevant greyhound races” means greyhound races that—

(i)take place between the hours of 8:00am and 7:00pm; and

(ii)are shown live on television at premises at which facilities for betting are provided by the holder of a general betting (standard) operating licence..

Application fees for non-remote operating licences

5.  In regulation 7(1) for “regulations 16 and 18 to 20” substitute “regulations 8A, 16 and 18 to 20”.

Annual fees and first annual fees for non-remote operating licences

6.  (1)  In regulation 8(1) for “regulations 17 and 21” substitute “regulations 8A, 17 and 21”.

(2) After regulation 8 insert—

Application, annual and first annual fees for non-remote general betting (standard) operating licences

8A.  (1)  This regulation applies in respect of a non-remote general betting (standard) operating licence if—

(a)the licensee does not at any time during the relevant period make a gaming machine available for use at premises in respect of which the licensee holds a betting premises licence, and

(b)the licensee holds such a licence for the duration of that period in respect of—

(i)four or fewer premises,

(ii)five to fifteen premises, or

(iii)sixteen to fifty premises.

(2) Subject to regulations 16 and 18 to 20, the application fee for a licence to which this regulation applies is to be determined in accordance with paragraph (3).

(3) The application fee is—

(a)for a licence to which paragraph (1)(b)(i) or (ii) applies, £977;

(b)for a licence to which paragraph (1)(b)(iii) applies, £3,417.

(4) Subject to regulations 17 and 21 the annual fee for a licence to which this regulation applies is to be determined in accordance with paragraph (5).

(5) The annual fee is—

(a)for a licence to which paragraph (1)(b)(i) applies, £1,571;

(b)for a licence to which paragraph (1)(b)(ii) applies, £7,077;

(c)for a licence to which paragraph (1)(b)(iii) applies, £16,860.

(6) The first annual fee for a licence to which this regulation applies is 75 per cent of the annual fee for that licence, as determined in accordance with paragraph (5).

(7) In this regulation—

(a)“relevant period” has the same meaning as in regulation 3;

(b)a reference to anything authorised by, or that will happen pursuant to a licence includes, for the purpose of determining an application fee for that licence, anything included in the application as something to be authorised by the licence..

Remote operating licences: fee categories

7.  In regulation 10(2)(c) for “columns (3), (4) and (5)” substitute “columns (3) to (9)”.

Application fees for remote operating licences

8.  In regulation 11 after paragraph (1)(c) insert—

(d)for a category I licence is the amount indicated in column (5) of that table adjacent to the description of the licence in column (1);

(e)for a category J licence is the amount indicated in column (6) of that table adjacent to the description of the licence in column (1);

(f)for a category K licence is the amount indicated in column (7) of that table adjacent to the description of the licence in column (1);

(g)for a category L licence is the amount indicated in column (8) of that table adjacent to the description of the licence in column (1)..

Annual fees and first annual fees for remote operating licences

9.  In regulation 12 after paragraph (1)(c) insert—

(d)for a category I licence is the amount indicated in column (5) of that table adjacent to the description of the licence in column (1);

(e)for a category J licence is the amount indicated in column (6) of that table adjacent to the description of the licence in column (1);

(f)for a category K licence is the amount indicated in column (7) of that table adjacent to the description of the licence in column (1);

(g)for a category L licence is the amount indicated in column (8) of that table adjacent to the description of the licence in column (1)..

Application fee for combined operating licences

10.  In regulation 16 for “regulations 18 to 20” substitute “regulations 16A and 18 to 20”.

11.  After regulation 16 insert—

Application fee for certain combined remote licences

16A.  (1)  This regulation applies to a combined remote operating licence which combines two or three of the following kinds of licence (and no other kind of licence)—

(a)a remote casino operating licence;

(b)a remote bingo operating licence;

(c)a general betting (standard) (virtual events) operating licence.

(2) The application fee for a licence to which this regulation applies is the sum of the principal amount determined in accordance with paragraph (3) and the additional amount determined in accordance with paragraph (4).

(3) Where the annual gross gambling yield in respect of the licence—

(a)is less than £500,000, the principal amount is £2,933;

(b)is £500,000 or greater but less than £5 million, the principal amount is £7,169;

(c)is £5 million or greater but less than £25 million, the principal amount is £11,274;

(d)is £25 million or greater but less than £100 million, the principal amount is £16,551;

(e)is £100 million or greater but less than £250 million, the principal amount is £26,641;

(f)is £250 million or greater but less than £500 million, the principal amount is £37,591;

(g)is £500 million or greater, the principal amount is £63,671.

(4) Where the licence combines—

(a)two of the kinds of licence referred to in paragraph (1), the additional amount is £1,050,

(b)three of those kinds of licence, the additional amount is £2,100.

(5) The reference in paragraph (3) to the annual gross gambling yield is a reference to the annual gross gambling yield calculated in accordance with regulation 3(2)(a)(i)..

Annual fees and first annual fees for combined operating licences

12.  In regulation 17—

(a)in paragraph (1) for “regulation 21” substitute “regulations 17A and 21”; and

(b)in paragraph (2)(b) for “90 per cent” substitute “95 per cent”.

Annual fee for combined operating licences

13.  After regulation 17 insert—

Annual fees and first annual fees for certain combined remote licences.

17A.  (1)  This regulation applies to a combined remote operating licence which combines two or three of the following kinds of licence (and no other kind of licence)—

(a)a remote casino operating licence;

(b)a remote bingo operating licence;

(c)a general betting (standard) (virtual events) operating licence.

(2) The annual fee for a licence to which this regulation applies is the sum of the principal amount determined in accordance with paragraph (4) and the additional amount determined in accordance with paragraph (5).

(3) The first annual fee for a licence to which this regulation applies is the same amount as the annual fee determined in accordance with paragraph (2) (were the annual fee to be payable when the first annual fee is payable).

(4) Where the annual gross gambling yield in respect of the licence—

(a)is less than £500,000, the principal amount is £3,188;

(b)is £500,000 or greater but less than £5 million, the principal amount is £9,563;

(c)is £5 million or greater but less than £25 million, the principal amount is £13,529;

(d)is £25 million or greater but less than £100 million, the principal amount is £38,128;

(e)is £100 million or greater but less than £250 million, the principal amount is £74,012;

(f)is £250 million or greater but less than £500 million, the principal amount is £117,746;

(g)is £500 million or greater, the principal amount is £155,425.

(5) Where the licence combines—

(a)two of the kinds of licence referred to in paragraph (1), the additional amount is £2,500;

(b)three of those kinds of licence, the additional amount is £5,000.

(6) The reference in paragraph (4) to the annual gross gambling yield is a reference to the annual gross gambling yield calculated in accordance with regulation 3(2)(a)(i)..

Annual fees for holders of two operating licences

14.  In regulation 21(3) for “10 per cent” (wherever occurring) substitute “5 per cent”.

Change in corporate control application fee

15.  In regulation 23(3) for “regulations 23B(1)(a) and (4) to (6)” substitute “regulation 23B(2)(a) and (3) to (5)”.

16.  In regulation 23A—

(a)in paragraph (1)(c) for “paragraphs” substitute “regulations”;

(b)in paragraph (2)—

(i)in sub-paragraph (b) omit “, held by that person”,

(ii)after that sub-paragraph, add—

held by that person..

17.  In regulation 23B—

(a)in paragraph (3)—

(i)in sub-paragraph (b) omit “, held by that person”,

(ii)after that sub-paragraph, add—

held by that person..

(b)in paragraph (4) for “(2)” substitute “(3)”;

(c)in paragraph (5) for “(4)” substitute “(3)”.

Substitution of new Schedules

18.  For the table in Schedule 1 to the 2006 Regulations substitute the table in Schedule 1 to these Regulations.

19.  For the table in Schedule 2 to the 2006 Regulations substitute the table in Schedule 2 to these Regulations.

20.  For the table in Schedule 3 to the 2006 Regulations substitute the table in Schedule 3 to these Regulations.

21.  For the table in Schedule 4 to the 2006 Regulations substitute the table in Schedule 4 to these Regulations.

22.  For the table in Schedule 5 to the 2006 Regulations substitute the table in Schedule 5 to these Regulations.

23.  For the table in Schedule 6 to the 2006 Regulations substitute the table in Schedule 6 to these Regulations.

Gerry Sutcliffe

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

9th July 2009

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