Gambling Act 2005 (c. 19)

Part 5 E+W+S Operating Licences

Modifications etc. (not altering text)

C1 Pt. 5 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 para. 72

C2 Pt. 5 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 para. 50

C3 Pt. 5 modified by SI 2006/3272 art. 8(4)-(9) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)

Issue E+W+S

73 Procedure E+W+S

(1) For the purpose of considering an application under section 69 the Commission may—

(a) require the applicant to provide information;

(b) consult, and have regard to information provided by or an opinion stated by, any person.

(2) In subsection (1) “information” and “opinion” mean information or an opinion about—

(a) the applicant,

(b) a person relevant to the application, or

(c) the licensed activities.

(3) In particular, the Commission may require the production of an enhanced criminal record certificate under [F1 section 113B] of the Police Act 1997 (c. 50) relating to—

(a) the applicant, or

(b) a person relevant to the application.

[F2 or the production of up-date information (within the meaning given by section 116A of that Act) in relation to such a certificate,]

(4) The statement maintained by the Commission under section 23 must, in particular, specify the Commission's practice in relation to—

(a) the delegation of functions in relation to applications,

(b) the holding of oral hearings of applications, and

(c) evidence required or accepted in connection with applications.

(5) The Commission may disregard an irregularity or deficiency in or in relation to an application, other than a failure to pay the fee required by section 69(2)(g).

(6) For the purposes of this section a reference to the licensed activities or to a person relevant to an application shall be construed in accordance with section 70(9).

Textual Amendments

F1 Words in s. 73(3) substituted (17.6.2013 for E.W.) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 119(a) (with s. 97); S.I. 2013/1180, art. 2(e)(v)

F2 Words in s. 73(3) inserted (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 119(b) (with s. 97); S.I. 2013/1180, art. 2(e)(v)

Modifications etc. (not altering text)

C4 S. 73 applied (with modifications) (1.1.2007) by Gambling (Personal Licences) (Modification of Part 5 of the Gambling Act 2005) Regulations 2006 (S.I. 2006/3267), regs. 1(1), 2(2), Sch. Table 2

Commencement Information

I1 S. 73 in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)

I2 S. 73 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)