The Gambling Act 2005 (Premises Licences and Provisional Statements) (Scotland) Regulations 2007

PART 1 General

Citation, commencement and application

1.—(1) These Regulations may be cited as the Gambling Act 2005 (Premises Licences and Provisional Statements) (Scotland) Regulations 2007 and shall come into force on 21st May 2007.

(2) These Regulations apply only to–

(a) applications made to licensing authorities in Scotland; and

(b) premises licences and provisional statements issued by licensing authorities in Scotland.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Gambling Act 2005;

“application”, unless the contrary appears, means any of the following—

(a)

an application under section 159 for a premises licence;

(b)

an application under section 187 to vary a premises licence;

(c)

an application under section 188 to transfer a premises licence;

(d)

an application under section 195 for the reinstatement of a premises licence;

(e)

an application under section 204 for a provisional statement;

“the Commencement and Transitional Provisions Order” means the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006(1);

“converted premises licence” means a premises licence issued in pursuance of paragraph 54 of Schedule 4 to the Commencement and Transitional Provisions Order (which provides for the conversion of licences and other documents under enactments to be repealed by the Act into premises licences under that Act); and any reference to a “converted casino premises licence” is to be construed accordingly;

“the licensing authority” means–

(a)

in relation to an application, the licensing authority to whom the application is made; and

(b)

in relation to a premises licence or a provisional statement, the licensing authority who issued the licence or statement;

“operating licence number”, in relation to an operating licence, means the reference number given by the Gambling Commission to the operating licence which is unique to that licence and which is specified in it;

“relevant operating licence” means–

(a)

in relation to a person holding a premises licence, an operating licence which authorises the person to carry out the activities for which the premises licence authorises the premises to be used; or

(b)

in relation to a person to whom a provisional statement is issued, an operating licence which authorises the person to carry out the activities for which the premises to which the statement relates would be used;

“summary” means a summary of the terms and conditions of a premises licence issued under section 164(1)(c); and

“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(2).

(2) A reference in these Regulations to a numbered section is a reference to the section of the Act so numbered.

(1)

S.I. 2006/3272, amended by S.I. 2006/3361.

(2)

1971 c. 80.