Part 5

Operating Licences

Conditions

Requirement for personal licence
80
1
The Commission shall use its powers under sections 75 and 77 to ensure that in respect of each operating licence at least one person—
a
occupies a specified management office in or in respect of the licensee or in connection with the licensed activities, and
b
holds a personal licence authorising the performance of the functions of the office.
2
A condition under either of those sections may impose requirements which relate to a management office and are in addition to any required by subsection (1).
3
A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified management office is held in or in respect of the licensee or in connection with a licensed activity (whether or not in pursuance of another condition)—
a
it must be held by an individual who holds a personal licence authorising the performance of the functions of the office, and
b
anything done in the performance of the functions of the office must be done in accordance with the terms and conditions of the personal licence.
4
A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified operational function is performed in connection with a licensed activity it must be performed—
a
by an individual who holds a personal licence authorising performance of the function, and
b
in accordance with the terms and conditions of the personal licence.
5
In this section “management office” in relation to a licensee means—
a
if the licensee is a company, the office of director,
b
if the licensee is a partnership (including a limited liability partnership), the office of partner,
c
if the licensee is an unincorporated association, any office in the association, and
d
in any case, any position the occupier of which is required, by the terms of his appointment, to take or share responsibility for—
i
the conduct of a person who performs an operational function in connection with a licensed activity, or
ii
facilitating or ensuring compliance with terms or conditions of the operating licence.
6
In this section “operational function” means—
a
any function which enables the person exercising it to influence the outcome of gambling,
b
receiving or paying money in connection with gambling, and
c
manufacturing, supplying, installing, maintaining or repairing a gaming machine.
7
Provision by virtue of subsection (1) may be general or may relate only to specified—
a
kinds of operating licence,
b
cases, or
c
circumstances.
8
The Secretary of State may by order amend the definition of “management office” or “operational function” for the purposes of this section.
9
In relation to a bingo operating licence issued to a members' club, a commercial club or a miners' welfare institute—
a
subsection (1) shall not apply, and
b
a condition attached by virtue of section 75, 77 or 78 may not—
i
require that a person hold a personal licence, or
ii
operate by reference to whether a person holds a personal licence.
S. 80 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)
S. 80 excluded (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(1), Sch. Table 1
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. 80 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) (as amended by S.I. 2006/3361, art. 2(2))
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)