PART 1Introductory

Citation and commencement

1.—(1) These Regulations may be cited as the Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006.

(2) Regulations 1 to 26 and Schedules 1 to 6 come into force on 1st January 2007.

(3) Regulation 27 comes into force on 1st September 2007.

General interpretation

2.—(1) In these Regulations—

“the Act” means the Gambling Act 2005;

“ancillary remote operating licence” has the meaning given in regulation 14;

“annual fee” in relation to a licence means the fee prescribed under section 100(1)(b) for that licence;

“application fee” in relation to an application for a licence means the fee prescribed under section 69(2)(g) to accompany an application for that licence;

“combined operating licence” has the meaning given in regulation 15;

“combined non-remote operating licence” has the meaning given in regulation 15(b);

“combined remote operating licence” has the meaning given in regulation 15(a);

“converted casino premises licence” means a casino premises licence issued pursuant to an order made under paragraph 9 of Schedule 18 to the Act;

“existing casino operating licence” means a non-remote casino operating licence which authorises the licensee to operate a casino only in premises in respect of which a converted casino premises licence has effect;

“first annual fee” in relation to a licence means the fee prescribed under section 100(1)(a) in relation to that licence;

“gaming machine technical (full) operating licence” means a gaming machine technical operating licence which authorises the licensee to carry out all of the activities described in section 65(2)(h);

“gaming machine technical (software) operating licence” means a gaming machine technical operating licence which only authorises the licensee to manufacture software for a gaming machine;

“gaming machine technical (supplier) operating licence” means a gaming machine technical operating licence which only authorises the licensee to supply, install, adapt, maintain or repair a gaming machine, or part of a gaming machine;

“general betting (limited) operating licence” means—

“general betting (standard) operating licence” means—

“lottery operating (external lottery manager) licence” means a lottery operating licence issued to a person proposing to act as an external lottery manager on behalf of a non-commercial society or local authority;

“lottery operating (society) licence” means a lottery operating licence which is not a lottery operating (external lottery manager) licence;

“new casino operating licence” means a non-remote casino operating licence which does not authorise the licensee to operate a casino in premises in respect of which a converted casino premises licence has effect;

“remote communication equipment” means electronic or other equipment that—

“single premises gaming” means gaming that—

“supply” does not include install, adapt, maintain or repair.

(2) A reference in these Regulations to a section is, unless the contrary intention appears, a reference to a section of the Act.

Units of division

3.—(1) This regulation defines the units by reference to which licences are to be assigned to categories for the purpose of prescribing certain fees (see regulations 6 and 10).

(2) The units are—

(a)in relation to an operating licence—

(i)the annual gross gambling yield as calculated in accordance with the following formula—

where—

A is the total of any amounts that will be paid to the licensee by way of stakes in the relevant period in connection with the activities authorised by the licence,

• B is the total of any amounts (exclusive of value added tax) that will otherwise accrue to the licensee in the relevant period directly in connection with the activities authorised by the licence, and

• C is the total of any amounts that will be deducted by the licensee in respect of the provision of prizes or winnings in the relevant period in connection with the activities authorised by the licence; or

(ii)the value of annual gross sales, which is the total amount in money or money’s worth that will accrue to the licensee from sales of goods and services authorised by the licence in the relevant period;

(b)in relation to a non-remote existing casino operating licence the annual gross gaming yield, which is the gross gaming yield within the meaning of section 11(8) of the Finance Act 1997(1) to be generated in the relevant period from the premises on which gaming authorised by the licence takes place;

(c)in relation to a lottery operating licence the annual proceeds, which is the aggregate of the proceeds of lotteries authorised by the licence to be promoted wholly or partly in the relevant period;

(d)in relation to a non-remote general betting (limited) operating licence the number of working days, which is the maximum number of days in the relevant period on which the licence will authorise the licensee to undertake the activity authorised by that licence; and

(e)in relation to a non-remote general betting (standard) operating licence the number of licensed premises, which is the maximum number of sets of premises on which the licence will authorise the licensee to carry on the activities authorised by the licence in the relevant period.

(3) In paragraph (2)—

(a)a reference to anything authorised by, or that will happen pursuant to a licence includes, for the purpose of determining an application fee for that licence, anything included in the application as something to be authorised by the licence; and

(b)“relevant period” in relation to a licence means the period of 12 months beginning—

(i)where that paragraph is applied for the purpose of determining the amount of an application fee, on the day on which the licence would, if issued, take effect;

(ii)where that paragraph is applied for the purpose of determining the amount of a first annual fee, on the effective date;

(iii)where that paragraph is applied for the purpose of determining the amount of an annual fee, on the anniversary of the effective date that occurs on, or is the next to occur after, the date on which the fee becomes payable.

(4) In paragraph (3)(b) “effective date”, in relation to a licence in respect of which an annual fee or first annual fee is prescribed, means the day on which the licence took effect.