F1C1Part 8Premises Licences
Pt. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 54-66 (as amended (16.8.2007) by S.I. 2007/2169, art. 11)
Conditions
I1167Mandatory conditions
1
The Secretary of State may by regulations provide for a specified condition to be attached to premises licences.
2
Regulations under this section may, in particular—
a
make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;
b
make different provision for different classes of licence or for different circumstances.
3
In relation to premises licences issued in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
I2168Default conditions
1
The Secretary of State may by regulations prescribe for a specified condition to be attached to any premises licence unless excluded by the authority who issue the licence.
2
Regulations under this section may, in particular—
a
make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;
b
make different provision for different classes of licence or for different circumstances.
3
In relation to a premises licence issued by an authority in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
I3169Conditions imposed or excluded by licensing authority
1
Where a licensing authority issue a premises licence they may—
a
attach a condition to the licence;
b
exclude a condition that would otherwise be attached to the licence by virtue of section 168.
2
A condition attached to the licence under subsection (1)(a) may, in particular, address a matter addressed by a condition excluded under subsection (1)(b).
3
A condition attached to the licence under subsection (1)(a) may apply in relation to the premises generally or only in relation to a specified part of the premises.
4
A licensing authority may not attach a condition to a premises licence which prevents compliance with a condition of the operating licence which authorises the holder to carry out the activity in respect of which the premises licence is granted.
I4170Membership
A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169)—
a
requiring all or part of the premises, or any activity taking place on the premises, to be operated or carried on as a club or other body with membership, or
b
restricting use of any part of the premises wholly or partly by reference to membership of a club or other body.
I5171Stakes, &c.
1
A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169) imposing limits on—
a
stakes,
b
fees,
c
winnings, or
d
prizes.
2
The prohibition in subsection (1)(b) shall not prevent the imposition by virtue of section 167 of a condition about fees for admission to a track.
Pt. 8 amendment to earlier affecting provision SI 2006/3272 Sch. 4 para. 54-66 (29.4.2007) by Gambling Act 2005 (Commencement and Transitional Provisions) (Amendment) Order 2007 (S.I. 2007/1157), arts. 1(1), 11