Part 5

Operating Licences

Conditions

Scope of powers to attach conditions
79
1
Without prejudice to the generality of the powers conferred by sections 75, 77 and 78, a condition attached under any of those sections may, in particular, do any of the things specified in this section.
2
A condition may have the effect of restricting the activities that may be carried on in reliance on the licence by reference to—
a
the nature of the activities,
b
the circumstances in which they are carried on, or
c
their extent.
3
A condition may make provision wholly or partly by reference to—
a
the nature of the licensed activities;
b
the circumstances in which the licensed activities are carried on;
c
the nature or circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities.
4
In regulating the licensed activities a condition may make provision about—
a
the facilities that may or must be provided in connection with the licensed activities;
b
the manner in which facilities are provided;
c
the number of persons that may or must be employed in the provision of facilities;
d
the financial resources available for particular purposes to the person providing facilities;
e
any other matter.
5
A condition may relate to the financial circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities; in particular, a condition may make provision about the maintenance of reserves in respect of potential liabilities.
6
A condition of a remote operating licence may restrict the methods of communication that may be used in the course of the licensed activities.
7
A condition may make provision about how facilities for gambling are advertised or described.
8
A condition may make provision about the provision of assistance to persons who are or may be affected by problems related to gambling.
9
A condition may make provision about—
a
establishing the identity of users of facilities;
b
recording the identity of users of facilities;
c
restricting facilities to persons registered in respect of the facilities in advance.
S. 79 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)
S. 79 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
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
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
S. 79 in force at 1.1.2007 in so far as not already in force by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)
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)