The Gambling (Licensing and Advertising) Act 2014 (Transitional Provisions) Order 2014

Annual fees for an applicant with a continuation licence but no existing licence

5.—(1) This article only applies to a person—

(a) who does not hold an existing licence;

(b) who makes an advance application for a remote operating licence; and

(c) to whom a continuation licence was issued on 1st October 2014.

(2) The first annual fee payable by the applicant under section 100(1)(a) of the 2005 Act in respect of the continuation licence is the amount prescribed for the kind of remote operating licence issued to the applicant as a continuation licence.

(3) Where the Commission grants the advance application (whether in whole or in part) and issues a remote operating licence to the applicant, the first annual fee payable by the applicant for that remote operating licence is—

(a) if the prescribed first annual fee payable under section 100(1)(a) of the 2005 Act for that remote operating licence is equal to or less than the prescribed first annual fee payable for that continuation licence, £0; or

(b) if the prescribed first annual fee payable under section 100(1)(a) of the 2005 Act for that remote operating licence exceeds the prescribed first annual fee payable for that continuation licence, the difference between those two amounts in respect of the period from the date of issue of that remote operating licence to 30th September 2015.

(4) Where—

(a) the Commission grants (in whole or in part) the advance application and issues a remote operating licence to the applicant; and

(b) the prescribed first annual fee that would, but for article 5(3)(a), have been payable under section 100(1)(a) of the 2005 Act for that remote operating licence is less than the prescribed first annual fee payable for that continuation licence,

the Commission must repay to the applicant the difference between those two amounts in respect of the period from the date of issue of that remote operating licence to 30th September 2015.

(5) Where the Commission wholly rejects the advance application, it must repay to the applicant that portion of the prescribed first annual fee paid for the continuation licence in respect of the period from the date the application is rejected to 30th September 2015.

(6) Where the Commission grants the advance application (whether in whole or in part) and issues a remote operating licence to the applicant, the annual fee for that remote operating licence under section 100(1)(b) of the 2005 Act must be paid before 1st October 2015 and before 1st October in each year thereafter.