The Deregulation (Betting Licensing) Order 1997

Cancellation of betting office licences

5.—(1) After paragraph 28 of Schedule 1 to the 1963 Act there shall be inserted—

“Cancellation of betting office licence by appropriate authority

28A.—(1) This paragraph applies where—

(a)a person makes an application to the clerk to the appropriate authority requesting that a betting office licence be forfeited and cancelled, and

(b)the application is—

(i)made in the prescribed form and manner, and

(ii)accompanied by two copies of a statement of the grounds on which the application is made.

(2) The clerk to the authority shall submit the application to any one member of the authority who shall consider whether it is necessary or expedient for the matters referred to in the statement to be given further consideration before the renewal of the licence falls to be considered.

(3) If the conclusion under sub-paragraph (2) of this paragraph is that further consideration of those matters before then is not necessary or expedient, the member shall cause the applicant to be given notice in writing that the application is refused without prejudice to the raising of the same matters by way of objection in accordance with the provisions of this Schedule to a renewal of the licence.

(4) If the conclusion under sub-paragraph (2) of this paragraph is that further consideration of those matters before then is necessary or expedient, the member shall refer the application to the appropriate authority.

28B.—(1) This paragraph applies where under paragraph 28A of this Schedule an application for the cancellation of a betting office licence is referred to the appropriate authority.

(2) Unless the application is withdrawn, the clerk to the authority shall give not less than twenty-one days’ notice in writing of the date, time and place appointed for the consideration of the application by the authority to—

(a)the applicant,

(b)the holder of the licence,

(c)the appropriate officer of police, and

(d)the Collector of Customs and Excise for the area in which the relevant premises are situated.

(3) The clerk to the authority shall send with the notice under sub-paragraph (2)(b) of this paragraph a copy of the applicant’s statement of the grounds on which the application is made.

(4) At any meeting of the authority to consider the application—

(a)the applicant and the holder of the licence shall be entitled to be heard either in person or by counsel or a solicitor,

(b)where the applicant is not the appropriate officer of police, the authority shall also hear any representation made by him, or a person authorised by him, and

(c)where the application is not the Commissioners of Customs and Excise, the authority shall also hear any representation made by them, or a person authorised by them.

(5) The authority shall forfeit and cancel the licence if they are not satisfied—

(a)that the relevant premises are enclosed, and

(b)that there are means of access between the relevant premises and a street otherwise than through other premises used for the effecting with persons resorting to those other premises of transactions other than betting transactions,

but, apart from that, may only do so on the ground that the relevant premises fall within sub-paragraph (6) of this paragraph.

(6) The relevant premises fall within this sub-paragraph if—

(a)having regard to their layout, character or condition, they are not suitable for use as a licensed betting office,

(b)they have not been properly conducted under the licence, or

(c)they have not been used as a licensed betting office in the period of twelve months ending with the date on which the application is made and the licence has been in force for at least twelve months.

(7) The authority may from time to time adjourn consideration of the application.

(8) On consideration of the application, the authority make take evidence on oath and may make such order as they think fit for the payment of costs or, in Scotland, expenses—

(a)by the applicant to the holder of the licence, or

(b)by the holder of the licence to the applicant.

(9) If the authority decide not to cancel the licence, they shall cause notice in writing to be given to the applicant that the application is refused without prejudice to the raising of the same matters by way of objection in accordance with the provisions of this Schedule to a renewal of the licence.

(10) If the authority decide to forfeit and cancel the licence, the forfeiture and cancellation shall not take effect—

(a)until the end of the time within which notice of an appeal under paragraph 28C or, as the case may be, 28D of this Schedule may be given, or

(b)if such notice is duly given, until the determination or abandonment of the appeal.

(11) Where an order for the payment of costs is made under sub-paragraph (8) of this paragraph by an authority in England and Wales, the costs shall be recoverable summarily as a civil debt.

28C.—(1) Where on an application under paragraph 28A of this Schedule an appropriate authority in England and Wales decide to forfeit and cancel a betting office licence, they shall forthwith notify the holder of the licence of the decision, and within twenty-one days of being no notified, he may by notice to the clerk to the authority appeal against the refusal to the Crown Court.

(2) As soon as practicable after receiving notice of appeal under sub-paragraph (1) of this paragraph, the clerk to the authority shall send the notice to the appropriate officer of the Crown Court together with a statement of—

(a)the decision from which the appeal is brought,

(b)the name and last known residence or place of business of the appellant, and

(c)the name and last known residence or place of business of the person whose application under paragraph 28A of this Schedule led to the decision appealed against.

(3) On receipt of notice of appeal under sub-paragraph (2) of this paragraph, the appropriate officer of the Crown Court shall enter the appeal and give not less than seven days notice in writing of the date, time and place appointed for the hearing of the appeal to—

(a)the appellant,

(b)the person mentioned in sub-paragraph (2)(c) of this paragraph,

(c)the authority whose decision is appealed against, and

(d)the appropriate officer of police.

(4) The decision of the Crown Court on an appeal under this paragraph shall be final.

28D.—(1) Where on an application under paragraph 28A of this Schedule an appropriate authority in Scotland decide to forfeit and cancel a betting office licence, they shall forthwith notify the holder of the licence of the decision and he may appeal, within such time and in accordance with such rules as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the authority’s area.

(2)The decision of the sheriff on an appeal under this paragraph shall be final.”.

(2) In paragraph 2 of that Schedule (interpretation)—

(a)in the definition of “appropriate authority”, for “or renewal” there shall be substituted “, renewal or cancellation”, and

(b)in paragraph (b) of the definition of “relevant premises”, for “or renewal” there shall be substituted “, renewal or cancellation”.