Gambling Act 2005

Two-stage considerationE+W+S

3E+W+SParagraph 4 applies where (whether or not as a result of the competition provided for by paragraph 2)—

(a)a number of applications for a casino premises licence are made to a licensing authority (“the competing applications”), and

(b)as a result of section 175 and the order under it the authority are able to grant one or more, but not all, of the competing applications.

4(1)The licensing authority shall first consider in respect of each application whether they would grant it under section 163 if section 175 did not apply.E+W+S

(2)For that purpose—

(a)the authority shall not have regard to whether any of the other competing applications is more deserving of being granted,

(b)subject to paragraph (a), each competing applicant is an interested party in relation to each of the other competing applications, and

(c)Part 8 shall apply, but with the substitution for a reference to the grant of an application in sections 163(1)(a) and 206(2) of a reference to a provisional decision to grant an application subject to the provisions of paragraph 5 below.

5(1)This paragraph applies if a licensing authority determine under paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section 175 and the order under it.E+W+S

(2)The authority shall then determine which of those applications to grant under section 163(1)(a).

(3)For that purpose the authority—

(a)shall determine which of the competing applications would, in the authority's opinion, be likely if granted to result in the greatest benefit to the authority's area,

(b)may enter into a written agreement with an applicant, whether as to the provision of services in respect of the authority's area or otherwise,

(c)may determine to attach conditions under section 169 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and

(d)may have regard to the effect of an agreement entered into under paragraph (b) in making the determination specified in paragraph (a).

(4)Having determined to grant one or more applications under sub-paragraph (2) the authority shall—

(a)grant that application or those applications under section 163(1)(a), and

(b)reject the other competing applications under section 163(1)(b).

(5)The list in section 164(1)(a) shall be treated as including any competing applicant whose application the authority decided provisionally to grant under paragraph 4.

6(1)The Secretary of State may issue a code of practice about—E+W+S

(a)the procedure to be followed in making the determinations required by paragraphs 4 and 5, and

(b)matters to which a licensing authority should have regard in making those determinations.

(2)A licensing authority shall comply with a code of practice under sub-paragraph (1).

7(1)Where a licensing authority issue a casino premises licence following a determination to grant an application in accordance with paragraph 5, a condition attached to the licence under section 169 may, in particular, give effect to any agreement entered into under paragraph 5(3)(b) above.E+W+S

(2)In that case—

(a)the condition shall refer to the agreement,

(b)a copy of the agreement shall be attached to the licence, and

(c)a variation of the agreement shall have effect only if accompanied by variation of the condition under section 187.

8(1)An appeal may be brought under section 206(1) or (2) in respect of a decision under paragraph 4.E+W+S

(2)While an appeal under section 206 could be brought by virtue of sub-paragraph (1), or has been brought by virtue of that sub-paragraph and has not yet been either finally determined or abandoned, the licensing authority shall take no action under paragraph 5(2).

(3)Sub-paragraph (2) has effect in place of section 208 in respect of an appeal by virtue of sub-paragraph (1).

(4)No appeal may be brought under section 206 in respect of a decision under paragraph 5.