The Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2012

Reduced fees in certain circumstances

25.  After regulation 20 insert—

“Reduced fee for applications for licences in certain circumstances

20A.— (1) Where paragraph (2) or (3) applies, the application fee is 25 per cent of the application fee which, but for this regulation, would be payable.

(2) This paragraph applies to an application for a licence where—

(a) the applicant is the transferee of the whole of the business, including the property and liabilities, of another person (“the transferor”);

(b) at the date of the application the transferor is the holder of a licence (“the existing licence”)—

(i) of the same kind, or

(ii) if a combined licence, of one which includes the same kind, or

(iii) where the application is for a combined licence, of one which comprises at least the kind of licence to which the application relates;

(c) if the application is for a licence of a kind in respect of which these Regulations provide for separate fee categories, it is for a licence of the same category or a lower category (by reference to the fee payable) as the existing licence;

(d) (i) the transferor is the kind of person listed in one of the lines in column A in Table 1;

(ii) the applicant is the kind of person listed in the corresponding line in column B; and

(iii) the condition set out in column C is satisfied; and

(e) the transferor has given notice to the Gambling Commission of the transferor’s intention to surrender the existing licence conditional only upon the grant of the application.

Table 1

	Column A (Transferor)	Column B (Applicant)	Column C (Condition)
1	Individual	Company limited by shares	The transferor is the sole shareholder and sole director of the applicant.
2	Individual	Partnership	The transferor is a partner in the applicant, the applicant has only one other partner, and that other partner: (a) holds an operating or personal licence, or (b) is a qualified person within the meaning of regulation 2(3) of the Gambling Act 2005 (Definition of Small Scale Operator) Regulations 2006(1), or (c) was a person relevant to an application for an operating licence to whose integrity, competence and financial and other circumstances the Commission had regard in granting the licence.
3	Individual	Limited Liability Partnership	The transferor is a member of the applicant, the applicant has only one other member, and that other member: (a) holds an operating or personal licence, or (b) is a qualified person within the meaning of regulation 2(3) of the Gambling Act 2005 (definition of Small Scale Operators) Regulations 2006; or (c) was a person relevant to an application for an operating licence to whose integrity, competence and financial and other circumstances the Commission had regard in granting the licence.
4	Partnership	Individual	The applicant was one of only two partners in the transferor and paragraph (7) of this regulation does not apply.
5	Partnership	Company limited by shares	All persons who are shareholders or directors of the applicant were partners in the transferor.
6	Partnership	Limited Liability Partnership	All persons who are members of the applicant were partners in the transferor.
7	Company limited by shares	Individual	The applicant is the sole shareholder and sole director of the transferor.
8	Company limited by shares	Limited Liability Partnership	All persons who are members of the applicant were shareholders or directors in the transferor.
9	Company limited by shares	Partnership	All persons who are partners in the applicant were shareholders or directors in the transferor.
10	Limited Liability Partnership	Individual	The applicant was one of only two members of the transferor.
11	Limited Liability Partnership	Company limited by shares	All persons who are shareholders or directors of the applicant were members of the transferor.
12	Limited Liability Partnership	Partnership	All persons who are partners in the applicant were members of the transferor.

(3) This paragraph applies to an application for a licence where—

(a) the applicant is a person who, subject to being granted an operating licence, intends to carry on a business which was, at the date of the death of an individual (“the deceased”), being carried on by the deceased in reliance on an operating licence held by the deceased (“the former licence”);

(b) the application is for a licence—

(i) of the same kind as the former licence,

(ii) where the former licence was a combined licence, of one of the kinds comprised in the former licence, or

(iii) where the application is for a combined licence, it is for one which comprises only kinds of licence which were comprised in the former licence;

(c) if the application is for a licence of a kind in respect of which these Regulations provide for separate fee categories, it is for a licence of the same category or a lower category (by reference to the fee payable) as the former licence;

(d) the application is made within six months of the date of death of the deceased; and

(e) the applicant is the kind of person listed in one of the lines in column A in Table 2 and the conditions set out in columns B and C are each satisfied.

Table 2

	Column A (Applicant)	Column B (Condition 1)	Column C (Condition 2)
1	Individual	The applicant is the spouse, civil partner or child of the deceased	The person who, by the terms of their appointment, will have primary responsibility for the management of the licensed activity, either (a) holds an operating or personal licence, or (b) was a person relevant to an application for an operating licence to whose integrity, competence and financial and other circumstances the Commission had regard in granting the licence.
2	A partner in a partnership	Each partner in the applicant is the spouse, civil partner or child of the deceased	The person who, by the terms of their appointment, will have primary responsibility for the management of the licensed activity, either (a) holds an operating or personal licence, or (b) was a person relevant to an application for an operating licence to whose integrity, competence and financial and other circumstances the Commission had regard in granting the licence.
3	A member of a Limited Liability Partnership	Each member of the applicant is the spouse, civil partner or child of the deceased	The person who, by the terms of their appointment, will have primary responsibility for the management of the licensed activity, either (a) holds an operating or personal licence, or (b) was a person relevant to an application for an operating licence to whose integrity, competence and financial and other circumstances the Commission had regard in granting the licence.
4	A shareholder and director of a company limited by shares	Each shareholder and director of the applicant is the spouse, civil partner or child of the deceased	The person who, by the terms of their appointment, will have primary responsibility for the management of the licensed activity, either (a) holds an operating or personal licence, or (b) was a person relevant to an application for an operating licence to whose integrity, competence and financial and other circumstances the Commission had regard in granting the licence.

(4) Where paragraph (2) of this regulation would apply but for either or both of—

(a) the requirement contained in paragraph (2)(c), or

(b) the condition set out in column C of Table 1,

the application fee is 75 per cent of the application fee which, but for this regulation, would be payable.

(5) Where paragraph (3) of this regulation would apply but for either or both of—

(a) the requirement contained in paragraph 3(c), or

(b) the condition set out in column C of Table 2,

the application fee is 75 per cent of the application fee which, but for this regulation, would be payable.

(6) Where paragraph (7) of this regulation applies the application fee is £100.

(7) This paragraph applies to an application for a licence where—

(a) the applicant is an individual who, subject to being granted an operating licence, intends to carry on a business (“the business”) previously carried on by a partnership;

(b) the business was carried on pursuant to an operating licence (“the former licence”) of the same kind and, if the application is for a licence of a kind in respect of which these Regulations provide for separate fee categories, the same category as that to which the application relates;

(c) the partnership comprised two partners only, of which the applicant was one, and

(d) the former licence—

(i) has lapsed pursuant to section 114(1)(a) of the Act by virtue of the death of the other partner, or

(ii) will lapse, pursuant to section 114(2)(a) of the Act by virtue of the retirement of the other partner.

(8) This regulation does not apply to an application for an ancillary remote operating licence or a supplementary operating licence.”

(1)

S.I. 2006/3266, as amended by S.I. 2010/22.