The Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007

Statutory Instruments

2007 No. 1834

betting, gaming and lotteries

The Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007

Made

26th June 2007

Laid before Parliament

26th June 2007

Coming into force

1st August 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 355(1) of, and paragraphs 2(c) to (e), 3(1), 4, 10(4), 11(1), 14(1)(a) and (2), 15(2)(a), 16(2) and 24(3) of Schedule 12 to, the Gambling Act 2005(1).

Citation, commencement and application

1.  These Regulations may be cited as the Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007 and shall come into force on 1st August 2007.

2.  These regulations apply to England and Wales and Scotland, except regulations 8, 15 and 16, which apply only to England and Wales.

Interpretation

3.—(1) In these Regulations—

“the Act” means the Gambling Act 2005;

“the 1968 Act” means the Gaming Act 1968(2);

“applicant” means a members’ club(3), commercial club(4) or miners’ welfare institute(5) that is making an application under paragraph 1(1) or (as the case may be) paragraph 1(2) or 24(1);

“application” means, unless otherwise specified, an application—

(a)

for a club gaming permit(6) under paragraph 1(1),

(b)

for a club machine permit(7) under paragraph 1(2), or

(c)

to renew a club gaming or club machine permit under paragraph 24(1),

as the case may require;

“existing Part 2 operator” means an applicant—

(a)

who is registered—

(i)

under Part 2 of the 1968 Act (a “Part 2 registration”) and the registration has effect immediately before 1st September 2007, or

(ii)

under Part 2 of the 1968 Act on or after 1st September 2007; and

(b)

whose application—

(i)

relates to the same or substantially the same premises as those to which the Part 2 registration relates,

(ii)

complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and

(iii)

is made before the relevant date;

“existing Part 3 operator” means an applicant—

(a)

who is registered—

(i)

under Part 3 of the 1968 Act (a “Part 3 registration”) and the registration has effect immediately before 1st September 2007, or

(ii)

under Part 3 of the 1968 Act on or after 1st September 2007; and

(b)

whose application—

(i)

relates to the same or substantially the same premises as those to which the Part 3 registration relates,

(ii)

complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and

(iii)

is made before the relevant date;

“permit” means—

(a)

a club gaming permit; or

(b)

a club machine permit;

“relevant date”—

(a)

in relation to a Part 2 registration, has the meaning given in paragraphs 80(3) to (5) of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006(8) (“the Order”); and

(b)

in relation to a Part 3 registration, has the meaning given in paragraphs 88(3) to (5) of Schedule 4 to the Order.

(2) A reference in these Regulations to a numbered paragraph is a reference to that paragraph of Schedule 12 to the Act so numbered.

Form and manner of application for a permit and application fee

4.  An application must be made in the form prescribed in Schedule 1.

5.  Where an application is made by an existing Part 2 or Part 3 operator, the application shall be accompanied by a copy of—

(a) the applicant’s registration certificate within the meaning of paragraph 18(1) of Schedule 3 or paragraph 16(1) of Schedule 4 to the 1968 Act, if the applicant is an existing Part 2 operator, or

(b) a copy of the certificate issued to the applicant under paragraph 21 of Schedule 7 to the 1968 Act, if the applicant is an existing Part 3 operator.

6.  An application under paragraph 24(1) to renew a permit shall be accompanied by a copy of that permit.

7.  For the purposes of paragraph 3(1), an applicant must send a copy of an application and any accompanying documents to—

(a) the Commission, and

(b) the chief officer of police (within the meaning given in paragraph 3(1)(b)), or in Scotland the chief constable,

within a period of 7 days beginning on the date on which the application is made.

8.—(1) The fee to accompany an application, other than an application to renew a permit under paragraph 24(1), is £200 except that where—

(a) the application is made in accordance with paragraph 10 (which applies where the applicant for a permit is the holder of a club premises certificate under section 72 of the Licensing Act 2003(9)), or

(b) the application is made by an existing Part 2 operator or an existing Part 3 operator,

the fee is £100.

(2) The fee to accompany an application to renew a permit under paragraph 24(1) is—

(a) subject to sub-paragraph (b), £200, or

(b) where the application is made in accordance with paragraph 10, £100.

Objections

9.  An objection under paragraph 4 to an application must be made—

(a) within a period of 28 days beginning on the date on which the application was made to the licensing authority(10);

(b) by sending to the licensing authority to whom the application is made, two copies of a written statement setting out the reasons for the objection.

Form of Permit

10.  A club gaming permit must be in the form prescribed in Schedule 2.

11.  A club machine permit must in the form prescribed in Schedule 3.

Annual Fees

12.  The first annual fee for a permit payable to the issuing licensing authority under paragraph 14(1)(a) is £50.

13.  The annual fee for a permit payable to the issuing licensing authority under paragraph 14(1)(b) is £50.

Date by which first annual fee is payable

14.—(1) Where a permit comes into effect on the issue date, the first annual fee for the permit shall be paid within 30 days after that date.

(2) Where a permit specifies that it is to come into effect on a date after the issue date, the first annual fee for the permit shall be paid within—

(a) the relevant period, or

(b) 12 months,

after the issue date, whichever is sooner.

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

(4) In this regulation—

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

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

(a)

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

(b)

30 days.

Other Fees

15.  The fee to accompany an application under paragraph 15(1) to vary a permit is £100.

16.  The fee to accompany an application under paragraph 16(1) for a copy of a permit is £15.

Matters not required to be included in an application or permit

17.—(1) The first page of the form prescribed in Schedule 1 may include any symbol or logo which is commonly used by a licensing authority to identify documents produced by it.

(2) Where matters are included in square brackets in any form in Schedules 1 to 3, they are intended to indicate and explain the information to be specified in the application to which the form relates, and are not required to be included in the application.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

26th June 2007

Regulation 4

SCHEDULE 1

Regulation 10

SCHEDULE 2

Regulation 11

SCHEDULE 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to club gaming and club machine permits (“permits”), including the application form, the form of each permit, and various fees.

The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (SI 2006/3272), makes transitional provision relating to the conversion of club registrations under Part 2 and Part 3 of the Gaming Act 1968 (c. 65), into permits under the Gambling Act 2005 (“the Act”). In specified circumstances, local authorities must grant a permit to holders of an equivalent Part 2 or Part 3 registration certificate. Paragraph 3 of the Regulations defines “existing Part 2 operators” and “existing Part 3 operators”, being applicants for permits that are registered under Part 2 or Part 3 of the Gaming Act 1968 and that satisfy specified criteria.

Regulation 4 and Schedule 1 prescribe the form in which an application for a permit must be made. The form is also for applications to renew a permit, and applications under the fast-track procedure. Paragraph 10 of Schedule 12 to the Act enables holders of a club premises certificate under section 72 of the Licensing Act 2003 (c. 17), to apply for a permit under a fast-track procedure (which disapplies the provisions that relate to objecting to an application).

Regulation 5 requires applications made by existing Part 2 or Part 3 operators to be accompanied by a copy of the relevant registration certificate issued under the Gaming Act 1968.

Regulation 6 requires an application for renewal of a permit to be accompanied by a copy of the relevant permit.

Regulation 7 requires copies of an application to be sent to the Gambling Commission and chief officer of police (or chief constable in Scotland) within seven days of the application being made.

Regulation 8(1) prescribes the fee to accompany an application for a permit (a different fee applies where the application is made under the fast-track procedure, or by an existing Part 2 or Part 3 operator). Regulation 8(2) prescribes the fee to accompany an application to renew a permit (a different fee applies if the application to renew is made under the fast-track procedure).

Regulation 9 prescribes the time and manner in which the Commission and chief officer of police may object to an application.

Regulations 10 and 11 prescribe the form of a club gaming and club machine permit respectively.

Regulations 12 and 13 prescribe the first annual fee and the annual fee for a permit respectively. Regulation 14 prescribes the period in which a first annual fee must be paid.

Regulations 15 and 16 prescribe the fees to accompany an application to vary a permit and for a copy of the permit.

Regulations 8, 15 and 16 do not apply to Scotland.

A full Regulatory Impact Assessment of the costs and benefits of these Regulations is available from the Premises Licence Team, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH, telephone [phone].

(1)

2005 c.19; for the meaning of “prescribed” in Schedule 12 to the Act, see paragraph 30 of that Schedule.

(2)

1968 c.65.

(3)

For the meaning of “members’ club” see section 266 of the Act.

(4)

For the meaning of “commercial club” see section 267 of the Act.

(5)

For the meaning of “miners’ welfare institute” see section 268 of the Act.

(6)

For the meaning of “club gaming permit” see section 271 of the Act.

(7)

For the meaning of “club machine permit” see section 273 of the Act.

(8)

SI 2006/3272; a relevant amending instrument is SI 2007/1157.

(9)

2003 (c. 17).

(10)

For the meaning of “licensing authority” see section 2 of the Act.