The Welsh Language (Gambling and Licensing Forms) Regulations 2010 No. 2440

Statutory Instruments

2010 No. 2440

Betting, Gaming And Lotteries, Wales

Licences And Licensing, Wales

The Welsh Language (Gambling and Licensing Forms) Regulations 2010

Made

7th October 2010

Laid before Parliament

13th October 2010

Coming into force

6th November 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 151(2), 159(6) to (8), 160(1) and (2), 164(2) and (3), 165(2) and (3), 187(3) and (4), 188(2), 189(4), 195(3), 196(3), 197(2) to (6), 200(4) and (5), 203(2), 204(2) and (3), 213(g), 216, 224(4) and (8), 355(1), paragraph 11 of Schedule 10, paragraph 42(2) of Schedule 11, paragraphs 2(c) and (d) and 11(1) of Schedule 12, paragraph 7(1) of Schedule 13 and paragraph 12(1) of Schedule 14 to the Gambling Act 2005(1), sections 17(3) to (6), 24(1), 25A(1), 29(6), 30(2) and (3), 34(5), 37(3), 41A(2) and (4), 41D(1), 42(3), 47(2) and (3), 51(2) and (3), 54, 71(4) to (6), 78(1), 84(2) and (4), 86A(2) and (4), 87(2) and (3), 91, 100(4) and (5), 102(2), 107(7), 120(2), 125(4), 133(1), 167(4), 178(1), 193 and 197(2) of the Licensing Act 2003(2) and section 26(3) of the Welsh Language Act 1993(3):

Citation, commencement and application

1.—(1) These Regulations may be cited as the Welsh Language (Gambling and Licensing Forms) Regulations 2010 and come into force on 6th November 2010.

(2) These Regulations apply in relation Wales.

Prescribed forms (gambling)

2.  The form set out in Schedule 1 to these Regulations is prescribed as the Welsh and bilingual version of the form set out in Schedule 1 to the Gambling Act 2005 (Family Entertainment Centre Gaming Machines) Regulations 2007(4).

3.  The form set out in Schedule 2 to these Regulations is prescribed as the Welsh and bilingual version of the form set out in Schedule 1 to the Gambling Act 2005 (Prize Gaming) (Permits) Regulations 2007(5).

4.—(1) The forms set out in Schedules 3 to 13 to these Regulations are prescribed as the Welsh or bilingual versions of the forms set out in Schedules 1 to 11 to the Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007(6) (“the 2007 Regulations”) as indicated in the table in Schedule 27 to these Regulations.

(2) In that table—

(a) column 1 lists the Welsh or bilingual versions of the forms as set out in these Regulations by reference to the corresponding forms set out in the 2007 Regulations listed in column 2, and

(b) column 2 lists the forms as these are set out in the 2007 Regulations.

5.  The form set out in Schedule 14 to these Regulations is prescribed as the Welsh and bilingual version of the form set out in the Schedule to the Gambling Act 2005 (Licensed Premises Gaming Machine Permits) (England and Wales) Regulations 2007(7).

6.  The forms set out in Schedules 15 to 17 to these Regulations are prescribed as the Welsh and bilingual versions of the forms set out in Schedules 1 to 3 respectively to the Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007(8).

7.  The forms set out in Schedules 18 to 23 to these Regulations are prescribed as the Welsh versions of the forms set out in Schedules 1 to 6 respectively of the Gambling Act 2005 (Premises Licences) (Review) Regulations 2007(9).

8.  The form set out in Schedule 24 to these Regulations is prescribed as the Welsh version of the form set out in the Schedule to the Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007(10).

9.  The forms set out in Parts 1 to 2 of Schedule 25 to these Regulations are prescribed as the Welsh versions of the forms set out in Parts 1 to 2 respectively of Schedule 1 to the Gambling Act 2005 (Temporary Use Notices) Regulations 2007(11).

10.  The form set out in Schedule 26 to these Regulations is prescribed as the Welsh version of the form set out in Schedule 2 to the Gambling Act 2005 (Temporary Use Notices) Regulations 2007.

Prescribed forms (licensing)

11.  The Licensing Act 2003 (Welsh Language Forms) Order 2007(12) is revoked.

12.  The forms set out in Schedules 28 to 43 to these Regulations are prescribed as the Welsh and bilingual versions of the forms set out in Schedules 1 to 13 respectively of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(13).

13.  The forms set out in Schedules 44 to 46 to these Regulations are prescribed as the Welsh versions of the forms set out in Schedules 1 to 3 respectively of the Licensing Act 2003 (Personal licences) Regulations 2005(14).

14.  The forms set out in Schedules 47 and 48 to these Regulations are prescribed as the Welsh versions of the forms set out in Schedules 1 and 2 respectively of the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005(15).

Conditions of use

15.  The forms prescribed by these Regulations may be used only in dealings by or with licensing authorities in Wales.

Amendment to the Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007

16.  In regulation 2(2) of the Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) (Regulations) 2007(16) for “licensing committing” substitute “relevant committee”.

John Penrose

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

7th October 2010

Regulation 2

SCHEDULE 1 Family Entertainment Centre Gaming Machine Permit

Regulation 3

SCHEDULE 2 Prize Gaming Permit

Regulation 4

SCHEDULE 3

PART 1 Form of application for a premises licence

PART 2 Form of application for a premises licence in respect of premises which are a vessel

PART 3 Form of application for a converted premises licence

PART 4 Form of application for a converted premises licence in respect of a vessel

Regulation 4

SCHEDULE 4 Form and content of application to vary a premises licence

Regulation 4

SCHEDULE 5 Form and content of application to transfer a premises licence

Regulation 4

SCHEDULE 6 Form and content of application for reinstatement of a premises licence

Regulation 4

SCHEDULE 7

PART 1 Form of application for a provisional statement

PART 2 Form of application for a provisional statement (vessel)

Regulation 4

SCHEDULE 8 Form of notice of application

PART 1 Application for a premises licence: Form of notice to be given to the responsible authorities

Two forms are specified for the purpose of this Part. Form A is to be used where there is only one applicant. Form B is to be used where there are two or more applicants.

Form A

Form B

PART 2 Application for a premises licence: form of notice to be published

PART 3 Application to vary a premises licence: Form of notice to be given to the responsible authorities

Two forms are specified for the purpose of this Part. Form A is to be used where there is only one applicant. Form B is to be used where there are two or more applicants.

Form A

Form B

PART 4 Application to vary a premises licence: Form of notice to be published

PART 5 Application to transfer a premises licence: Form of notice to be given to the responsible authorities

Two forms are specified for the purposes of this Part. Form A is to be used where there is only one applicant. Form B is to be used where there are two or more applicants.

Form A

Form B

PART 6 Application for the Reinstatement of a Premises Licence: Form of Notice to be Given to the Responsible Authorities

Two forms are specified for the purposes of this Part. Form A is to be used where there is only one applicant. Form B is to be used where there are two or more applicants.

Form A

Form B

PART 7 Application for a provisional statement: Form of notice to be given to the responsible authorities

Two forms are specified for the purposes of this Part. Form A is to be used where there is only one applicant. Form B is to be used where there are two or more applicants.

Form A

Form B

PART 8 Application for a provisional statement: Form of notice to be published

Regulation 4

SCHEDULE 9 Form of notice of grant of application

PART 1 Notice of the grant of an application for a premises licence

PART 2 Notice of the grant of an application to vary a premises licence

PART 3 Notice of grant of an application for the transfer of a premises licence

PART 4 Notice of the grant of an application for the reinstatement of a premises licence

PART 5 Notice of the grant of an application for a provisional statement

PART 6 Annex setting out conditions to be attached

PART 7 Annex setting out conditions to be excluded

PART 8 Annex setting out representations

Regulation 4

SCHEDULE 10

PART 1 Notice of the rejection of an application for a premises licence

PART 2 Notice of the rejection of an application to vary a premises licence

PART 3 Notice of the rejection of an application to transfer a premises licence

PART 4 Notice of the rejection of an application to reinstate a premises licence

PART 5 Notice of the rejection of an application for a provisional statement

Regulation 4

SCHEDULE 11 Form of premises licence

Regulation 4

SCHEDULE 12 Form of summary

Regulation 4

SCHEDULE 13 Form of provisional statement

Regulation 5

SCHEDULE 14 Licensed Premises Gaming Machine Permit

Regulation 6

SCHEDULE 15 Form of Application for a Club Gaming Permit or Club Machine Permit

Regulation 6

SCHEDULE 16 Club Gaming Permit

Regulation 6

SCHEDULE 17 Club Machine Permit

Regulation 7

SCHEDULE 18 Form and content of application for a review of a premises licence

Regulation 7

SCHEDULE 19 Form of the notice of application to be given to the holder of the premises licence and the responsible authorities

Regulation 7

SCHEDULE 20 Form of the notice of application to be published by a licensing authority

Regulation 7

SCHEDULE 21 Form of the notice of intention to hold a review to be given to holder of the premises licence and responsible authorities

Regulation 7

SCHEDULE 22 Form of the notice of intention to hold a review to be published by a licensing authority

Regulation 7

SCHEDULE 23 Form of the notice of the licensing authority’s decision on a review

Regulation 8

SCHEDULE 24 Form of Application for Registration of a Non-Commercial Society

Regulation 9

SCHEDULE 25 Form and content of a temporary use notice

PART 1 Form and content of temporary use notice applying to premises other than a vessel

PART 2 Form and content of temporary use notices applying to a vessel

Regulation 10

SCHEDULE 26 Form and content of a counter-notice

Regulation 4

SCHEDULE 27

Table showing the Welsh or bilingual versions of the forms as set out in Schedules 3 to 13 to these Regulations and the corresponding forms as set out in Schedules 1 to 11 to the 2007 Regulations.

Forms as these are set out in these Regulations	Forms as these are set out in the 2007 Regulations
Parts 1 to 4 of Schedule 3	Parts 1 to 4 of Schedule 1
Schedules 4 to 6	Schedules 2 to 4
Parts 1 to 2 of Schedule 7	Parts 1 to 2 of Schedule 5
Parts 1 to 8 of Schedule 8	Parts 1 to 8 of Schedule 6
Parts 1 to 8 of Schedule 9	Parts 1 to 8 of Schedule 7
Parts 1 to 5 of Schedule 10	Parts 1 to 5 of Schedule 8
Schedule 11	Schedule 9
Schedules 12 and 13	Schedules 10 and 11

Regulation 12

SCHEDULE 28

Regulation 12

SCHEDULE 29

Regulation 12

SCHEDULE 30

Regulation 12

SCHEDULE 31

Regulation 12

SCHEDULE 32 Form of Application to Disapply requirement for a Designated Premises Supervisor in a Premises Licence

Regulation 12

SCHEDULE 33 Form of Application for a Minor Variation to a Premises Licence

Regulation 12

SCHEDULE 34

Regulation 12

SCHEDULE 35

Regulation 12

SCHEDULE 36

Regulation 12

SCHEDULE 37

Regulation 12

SCHEDULE 38 Form of Application for a Summary Review of a Premises Licence

Regulation 12

SCHEDULE 39

PART A

PART B

Regulation 12

SCHEDULE 40

Regulation 12

SCHEDULE 41

PART A

PART B

Regulation 12

SCHEDULE 42

PART A

PART B

Regulation 12

SCHEDULE 43

PART A

PART B

Regulation 13

SCHEDULE 44

Regulation 13

SCHEDULE 45

Regulation 13

SCHEDULE 46

Regulation 14

SCHEDULE 47

Regulation 14

SCHEDULE 48

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the Welsh, and in some cases the bilingual, versions of the forms which may be accepted by Welsh licensing authorities in place of the forms prescribed by the instruments listed below.

The instruments are the Gambling Act 2005 (Family Entertainment Centre Gaming Machine) (Permits) Regulations 2007, Gambling Act 2005 (Prize Gaming) (Permits) Regulations 2007, Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007, Gambling Act 2005 (Licensed Premises Gaming Machine Permits) (England and Wales) Regulations 2007, Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007, Gambling Act 2005 (Premises Licences) (Review) Regulations 2007, Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007, Gambling Act 2005 (Club Gaming and Club Machine Permits) (Amendment) Regulations 2007, Gambling Act 2005 (Temporary Use Notices) Regulations 2007 and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, Licensing Act 2003 (Personal licences) Regulations 2005 and Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005.

Regulation 2 prescribes the Welsh and bilingual version of the form which may be used in place of the form prescribed in Schedule 1 to the Gambling Act 2005 (Family Entertainment Centre Gaming Machines) Regulations 2007 (Family Entertainment Centre Gaming Machine Permit).

Regulation 3 prescribes the Welsh and bilingual version of the form which may be used in place of the form prescribed in Schedule 1 to the Gambling Act 2005 (Prize Gaming) (Permits) Regulations 2007 (Prize Gaming Permit).

Regulation 4 prescribes, supplemented by the table in Schedule 27 to these Regulations, the Welsh versions of the forms (or, in relation to a form of premises licence, the bilingual form) which may be used in place of the forms prescribed in Schedules 1 to 11 respectively to the Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007 (forms to be used to apply, seek variations of and initiate other procedures in connection with premises licences).

Regulation 5 prescribes the Welsh and bilingual version of the form which may be used in place of the form prescribed in the Schedule to the Gambling Act 2005 (Licensed Premises Gaming Machine Permits) (England and Wales) Regulations 2007 (Licensed Premises Gaming Machine Permit).

Regulation 6 prescribes the Welsh and bilingual versions of the forms which may be used in place of the form prescribed in Schedules 1 to 3 respectively to the Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007 (Club Gaming permit and Club Machine Permit).

Regulation 7 prescribes the Welsh version of the forms which may be used in place of the forms prescribed in Schedules 1 to 6 respectively of the Gambling Act 2005 (Premises Licences) (Review) Regulations 2007 (forms to be used to apply for a review and to record the outcome of the review).

Regulation 8 prescribes the Welsh version of the form which may be used in place of the form prescribed in the Schedule of the Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007 (form used to apply to register the society).

Regulations 9 and 10 prescribe the Welsh versions of the forms which may be used in place of the forms prescribed in Schedules 1 to 2 of the Gambling Act 2005 (Temporary Use Notices) Regulations 2007 (Temporary Use Notice and Counter Notice).

Regulations 11 to 14 have the effect of correcting an error in the Licensing Act 2003 (Welsh Language Forms) Order 2007 (“the 2007 Order”). The 2007 Order prescribed Welsh and bilingual forms for use in dealings with Welsh licensing authorities under the Licensing Act 2003. The 2007 Order should have been made by Regulations. To achieve the correction, the Order is revoked by Regulation 11 of these Regulations and Regulations 12 to 14 re-enact the content of the 2007 Order by prescribing the Welsh versions of the forms which may be used in place of the forms prescribed in Schedules 1 to 13 to the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, Schedules 1 to 3 to the Licensing Act 2003 (Personal licence) Regulations 2005 and Schedules 1 and 2 to the Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005. Regulation 12 also prescribes Welsh versions of three licensing forms which came into existence after the 2007 Order was made; these further forms were introduced by the Licensing Act 2003 (Summary Review of Premises Licences) Regulations 2007 and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) (Miscellaneous Amendments) Regulations 2009.

Regulation 15 has the effect of ensuring that all forms prescribed by these Regulations can only be used in connection with applications to and other processes involving Welsh licensing authorities.

Regulation 16 corrects an error in regulation 2(2) of the Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007 by substituting “licensing committing” with “relevant committee”.

(1)

2005 c.19.

(2)

2003 c.17; sections 25A and 41D were inserted by articles 3 and 4 of the Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c) Order 2009 (S.I. 2009/1724); sections 41A and 86A were inserted by articles 2 and 3 of the Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (S.I. 2009/1772).

(3)

1993 c.38.

(4)

S.I. 2007/454

(5)

S.I. 2007/455

(6)

S.I. 2007/459

(7)

S.I. 2007/1833

(8)

S.I. 2007/1834 as amended by S.I. 2007/2689

(9)

S.I. 2007/2258

(10)

S.I. 2007/2328

(11)

S.I. 2007/3157

(12)

S.I. 2007/805

(13)

S.I. 2005/42 as amended by S.I. 2007/2502 and 2009/1809.

(14)

S.I. 2005/41

(15)

S.I. 2005/2918

(16)

S.I 2007/173