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The Gambling Act 2005 (Prize Gaming) (Permits) Regulations 2007

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Statutory Instruments

2007 No. 455

betting, gaming and lotteries

The Gambling Act 2005 (Prize Gaming) (Permits) Regulations 2007

Made

19th February 2007

Laid before Parliament

20th February 2007

Coming into force

21st May 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 355(1) and paragraphs 6(e), 12, 18(3) and 21(2) of Schedule 14 to the Gambling Act 2005(1):

Commencement, citation and application

1.—(1) These Regulations may be cited as the Gambling Act 2005 (Prize Gaming) (Permits) Regulations 2007 and shall come into force on 21st May 2007.

(2) These Regulations apply to England and Wales and Scotland, except regulations 3 and 6 which apply only to England and Wales.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Gambling Act 2005;

“existing operator” means a person who—

(a)

makes an application for a permit before 1st September 2007;

(b)

on the date on which he makes the application—

(i)

holds a permit issued under section 16 of the Lotteries and Amusements Act 1976(2) (a “section 16 permit”), or

(ii)

is applying to the appropriate authority (within the meaning of paragraph 1(1) of Schedule 3 to the Lotteries and Amusements Act 1976) for a section 16 permit, and the application (including any appeal) has not been finally determined; and

(c)

the application relates to the same or substantially the same premises as those to which the section 16 permit, or the application for a section 16 permit, relates.

“permit” means a prize gaming permit(3);

(2) A reference in these Regulations to a numbered paragraph is a reference to that paragraph of Schedule 14 to the Act so numbered.

Application fee

3.  For the purposes of paragraph 6(e)—

(a)(subject to sub-paragraphs (b) and (c)) the fee to accompany an application for a permit is £300;

(b)the fee to accompany an application for a permit made by an existing operator is £100;

(c)the fee to accompany an application for renewal of a permit under paragraph 18(1) is £300.

Form of Permit

4.  A permit must be in the form prescribed in Schedule 1.

Fee for change of name

5.  For the purposes of paragraph 12(2)(a)(i), the fee to be sent with a request that a new name be substituted for the old name specified on a permit is £25.

Fee for copy of permit

6.  For the purposes of paragraph 21(2), the fee to accompany an application for a copy of a permit is £15.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

19th February 2007

Regulation 4

SCHEDULE 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provisions about the fees relating to a prize gaming permit (a ‘permit’), and the form of the permit.

Regulation 3 prescribes the application fee for a permit and for renewal of a permit. Regulation 3 also prescribes the fee that applies in specified circumstances, to applications by persons who already hold an equivalent gambling permission under the Lotteries and Amusements Act 1976 (c. 32).

Regulation 4 and Schedule 1 prescribe the form that the permit should take.

Regulation 5 prescribes the fee for substituting a name on a permit. The name on a permit may be substituted if the permit holder changes his name or wishes to be known by another name.

Regulation 6 prescribes the fee for applying for a copy of the permit. A permit holder may apply for a copy of the permit if it is lost, stolen or damaged.

A full Regulatory Impact Assessment of the costs and benefits of these Regulations is available from the Premises Licence Team, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH, telephone 020 7211 6353.

(1)

2005 c.19; for the meaning of “prescribed” see paragraph 1 of Schedule 14 to the Act.

(3)

for the meaning of “prize gaming permit” see section 289(2) of the Act.

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