The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2017

Reduced fee for applications for licences in certain circumstances

28.—(1) Where paragraph (2) or (3) applies to an application for a licence, the application fee payable is 25 per cent of the application fee that would, but for this regulation, 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 already holds a complementary licence;

(c) if the application is for a licence of a kind (or includes one or more licences of a kind) for which these Regulations provide for separate categories by reference to the fee payable, the kind of licence (or as the case may be, each kind of licence) applied for falls within the same or a lower category as the complementary licence;

(d) the transferor falls within a category set out in column A in Table 1 below and—

(i) the applicant is of the nature listed in a corresponding entry in column B, and

(ii) the condition set out in column C of that corresponding entry is satisfied; and

(e) the transferor has given notice to the Commission of the transferor’s intention to surrender the complementary licence subject only to the application being granted.

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(2).
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 Operator) 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 former licence was for or included all of the kinds of licence to which the application relates;

(c) if the application is for a licence of a kind (or includes one or more licences of a kind) for which these Regulations provide for separate categories by reference to the fee payable, the kind of licence (or as the case may be, each kind of licence) applied for falls within the same category as, or a lower category than, the former licence;

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

(e) the person who, by the terms of their appointment, will have primary responsibility for the management of the licensed activity, either—

(i) holds an operating or personal licence, or

(ii) 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; and

(f) the applicant falls within a category set out in column A in Table 2 below, and the condition set out in the corresponding entry in column B is satisfied.

Table 2

	Column A (applicant)	Column B (condition)
1	Individual	The applicant is the spouse, civil partner or child of the deceased.
2	Partnership	Each partner in the applicant is the spouse, civil partner or child of the deceased.
3	Limited liability partnership	Each member of the applicant is the spouse, civil partner or child of the deceased.
4	Company limited by shares	Each shareholder and director of the applicant is the spouse, civil partner or child of the deceased.

(4) Where paragraph (2) of this regulation would apply but for a failure to satisfy one or both of—

(a) the requirement 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 that would, but for this regulation, be payable.

(5) Where paragraph (3) of this regulation would apply but for a failure to satisfy one or both of the requirements in paragraph (3)(c) or (e), the application fee is 75 per cent of the application fee that would, but for this regulation, be payable.

(6) An individual who intends to carry on a business previously carried on by a partnership may apply for an operating licence in respect of that business where the conditions set out in paragraph (7) are satisfied, and the fee for any such application is £100.

(7) The conditions referred to in paragraph (6) are that—

(a) that business is or was carried on under an operating licence (“the partnership licence”)—

(i) which is for or includes (or was for or included) all of the kinds of licence to which the application relates, and

(ii) if the application is for a licence of a kind in respect of which these Regulations provide for separate fee categories, of the same category as that to which the application relates;

(b) the partnership comprises or comprised two partners only, of which the applicant is or was one; and

(c) the partnership licence—

(i) has lapsed in accordance with section 114(2)(a) on the death of the other partner, or

(ii) has lapsed or will lapse in accordance with section 114(2)(a) on 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.

(9) In paragraphs (2)(c) and (3)(c) of this regulation, one category of operating licence is lower than a second category if—

(a) the letter used to denote that first category comes earlier in the alphabet; and

(b) where the letter is the same, the number used to denote that first category is lower.

(1)

S.I. 2006/3266.

(2)

Section 70(2) of the Gambling Act 2005 gives the Gambling Commission power to have regard to such matters.