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Gambling Act 2005

Section 166: Resolution not to issue casino licence

438.Part 8 requires licensing authorities to permit the use of premises for gambling, in so far as the authority thinks that permission accords with relevant Commission codes of practice and guidance, is reasonably consistent with the licensing objectives, and is in accordance with the authority’s three-year licensing policy (established by the authority under Part 18 of the Act).

439.This section provides an exception to this requirement. Licensing authorities are given the power to decide not to issue further casino premises licences in their area. This decision is to be taken by the licensing authority as a whole, and may not be delegated to the licensing committee under sections 154 and 155. The licensing authority may take into account any principle or matter in making its decision, and may pass a resolution giving effect to their decision at any time. Such a resolution must be published as part of the authority’s licensing policy statement made under Part 18, and lasts for 3 years from the date it takes effect.

440.There are a number of restrictions on the scope of a resolution, as follows:

  • A resolution can only apply to the grant of future applications for casino premises licences;

  • It cannot have any effect on casino licences that have already been granted, (including licences that have been converted into casino licences or issued under transitional provisions under Part 18);

  • It cannot have effect in relation to a provisional statement that has already been granted for a casino;

  • A resolution must apply to all types of casino premises licence (e.g. regional, large and small); and

  • A resolution may not be taken into account when reviewing a casino licence.

441.Subsections 7 and 8 provide the Secretary of State with the power to order a particular licensing authority, or class of licensing authority to consider whether to issue a resolution under this section. Such an order may require, amongst other things, the authority to consult people likely to be affected by the resolution.

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