The Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 21st May 2007, make provision about the form of, and procedure for, applications under Part 8 of the Gambling Act 2005 (“the Act”). That Part makes provision about the issuing of premises licences which authorise premises to be used for providing facilities for gambling. The Regulations also make provision about the form of premises licences and provisional statements issued under that Part, and the summary of the terms and conditions of a premises licence given to an applicant on the grant of an application for a premises licence.

Generally the Regulation only apply to England and Wales. However, regulation 10(2) to (4) also applies to an application for a provisional statement made to a licensing authority in Scotland where the person making the application expects the premises to which the application relates to be constructed or altered.

Part 2 of the Regulations makes provision about the form and content of each of the following types of application:

• an application for a premises licence under section 159 of the Act;

• an application to vary a premises licence under section 187 of the Act;

• an application to transfer a premises licence under section 188 of the Act;

• an application for the reinstatement of a premises licence under section 195 of the Act;

• an application for a provisional statement under section 204 of the Act.

Regulation 3 makes provision about the form and content of applications for a premises licence under section 159 of the Act. It provides for applications generally to be in the form, and contain the information, specified in Part 1 of Schedule 1. Where the premises to which the application relates are a vessel, the application is to be in the form and contain the information specified in Part 2 of Schedule 1. Where the application is for a converted premises licence (as defined in regulation 1) the form and the content of the application are to be as specified in Part 3 or 4 of that Schedule. Part 4 applies if the premises are a vessel, and Part 3 applies in any other case.

Regulation 4 requires an application for a premises licence under section 159 of the Act to be accompanied by a plan of the premises. Paragraphs (2) to (9) of regulation 4 set out the matters to be contained in the plan.

Regulation 5 makes provision about applications for a converted premises licence. It requires the application to be accompanied by a copy of the equivalent permission under the existing legislation (as defined in regulation 1). Where no such permission is held, the application must include a copy of the documents submitted by the applicant in applying for the equivalent permission under the existing legislation.

Regulation 6 makes provision with respect to applications for a casino premises licence, where the person making the application is entitled to apply for a converted casino premises licence but does not want the application to be treated as such an application. In that case, the application must include a statement confirming that the applicant does not want paragraph 54 of Schedule 4 to the Commencement and Transitional Provisions Order (S.I. 2006/3272) (which provides for the grant of converted premises licences) to apply.

Regulation 7 makes provision about the form and content of applications to vary a premises licence under section 187 of the Act. It provides for applications to be in the form and contain the information specified in Schedule 2. Where the application includes an application to vary the plan included with the premises licence under section 151(1)(g) of the Act, the application must be accompanied by a plan of the premises. Paragraph (3) of regulation 7 sets out what the plan is to show.

Regulation 8 makes provision about the form and content of applications to transfer a premises licence under section 188 of the Act. It provides for applications to be in the form and contain the information specified in Schedule 3.

Regulation 9 makes provision about the form and content of applications for the reinstatement of a premises licence under section 195 of the Act. It provides for applications to be in the form and contain the information specified in Schedule 4.

Regulation 10 makes provision about the form and content of applications for a provisional statement under section 204 of the Act. It provides for applications to be in the form and contain the information specified in either Part 1 or Part 2 of Schedule 5. Part 2 applies if the premises or proposed premises are a vessel, and Part 1 applies in any other case. An application under section 204 must be accompanied by a plan of the premises or proposed premises. Paragraphs (2) to (4) of regulation 10 set out what the plan is to show.

Part 3 of the Regulations makes provision about the giving and publication of notices of applications.

Regulation 12 requires a notice of application to be given in the case of each of the following types of application:

• an application for a premises licence under section 159 of the Act (other than a fast track application as defined in the regulation);

• an application to vary a premises licence under section 187 of the Act;

• an application to transfer a premises licence under section 188 of the Act;

• an application for the reinstatement of a premises licence under section 195 of the Act;

• an application for a provisional statement under section 204 of the Act.

In the first three cases, notice is to be given to all the responsible authorities listed in section 157 of the Act. In the last two cases, the notice is only to be give to those responsible authorities mentioned in paragraphs (a), (b), (c), (h) and (i) of section 157.

The notice given to a responsible authority must be given within a period of 7 days beginning on the date on which the application is made.

Regulation 12 also requires a notice of application to be published in the case of any of the following types of application: application for a premises licence (other than a fast track application), application to vary a premises licence, and an application for a provisional statement. A notice is to be published:

• in a local newspaper or, if there is none, a local newsletter, circular or similar document, circulating within the licensing authority’s area; and

• by displaying a notice on (or in certain cases as near as possible to) the premises or proposed premises to which the application relates.

In the first case, the notice is to be published on at least one occasion during the period of 10 working days starting with the day after the day on which the application is made to the licensing authority. In the second case, the notice is to be displayed for a period of no less than 28 consecutive days starting on the day on which the application is made to the licensing authority.

Schedule 6 contains the forms for each type of notice as they have effect for each type of application.

Regulation 13 makes provision for those cases where a person making an application fails to give notice to a responsible authority in the appropriate form or manner within the required period. In these circumstances, the applicant is required to give notice in the appropriate form and manner as soon as practicable after the end of that period. In such a case, the period by which the responsible authority is required to make representations is extended so that it runs until end of a period of 28 days beginning on the date on which the notice in the proper form and manner is received. The licensing authority may not grant the application until that period has elapsed. Subject to that, the licensing authority may disregard any irregularity in the giving of the notice under regulation 11.

Regulation 14 makes provision for those cases where a person making an application fails to publish a notice in the appropriate form or manner and within the required period. Provisions similar to those in regulation 13 apply to extend the period by which interested parties may make representations.

Regulation 15 prescribes, for the purposes of section 161 of the Act, the period within which a responsible authority or interested party may make representations in relation to an application; and provides for any representations to be made within a period of 28 days beginning on the date on which the application was made to the licensing authority.

Part 4 of the Regulations makes provision about the manner in which applications and notices under Part 3 are to be made or given.

Regulation 16 requires an application or notice to be made or given in writing. Paragraph (2) provides that an application sent by electronic mail or by facsimile transmission is to be treated as having been given in writing if it complies with the following requirements:

• the text of the application or notice (including any documents required to accompany an application) is capable of being accessed by the recipient, is legible in all material respects and is capable of being read and reproduced in written form and used for subsequent reference; and

• the person to whom the application or notice is to be made or given has agreed in advance that an application or notice may be made or given by the particular electronic means used.

Generally an application or notice given in this way is to be treated as having been made or given when the requirements referred to in the first indent above are complied with. This is subject to the proviso that an application is not to be treated as having been made until the appropriate application fee has been received by the licensing authority; or, where documents accompanying the application are sent by other means, until those documents have been received in hard copy (as defined in the regulation).

Part 5 of the Regulations makes provision about the form of a notice to be given on the grant or rejection of an application.

Regulation 17 specifies the form of the notice to be given by a licensing authority in each case on granting one of the following types of application:

• an application for a premises licence under section 159 of the Act;

• an application to vary a premises licence under section 187 of the Act;

• an application to transfer a premises licence under section 188 of the Act;

• an application for the reinstatement of a premises licence under section 195 of the Act;

• an application for a provisional statement under section 204 of the Act.

Schedule 7 contains the forms for the notice in the case of each type of application. Annexes to be attached to the notice are also specified. The circumstances in which annexes are required to be attached are set out in paragraphs (2) to (5) of regulation 16. They relate to cases where conditions are attached to the premises licence, where a condition is excluded, or where representations are made. The annexes specify the conditions in the first two cases, and in the last case the annex records the representations and the authority’s response to them.

Regulation 18 specifies the form of the notice to be given by a licensing authority in granting one of the types of application listed above in relation to regulation 16. Schedule 8 contains the forms for the notice for each type of application.

Part 6 of the Regulations makes provision about the matters to be included in a premises licence and the form of the licence. It also makes similar provision for provisional statements and specifies the form of the summary issued by a licensing authority under section 164(1)(c) of the Act.

Regulation 20 specifies the information to be included in a premises licence in addition to that required under section 151(1) of the Act.

Regulation 21 specifies the matters to be included in the plan which is attached to a premises licence under section 151(1)(g) of the Act.

Regulation 22 requires a premises licence to be in the form specified in Schedule 9.

Regulation 23 requires the summary issued by a licensing authority under section 164(1)(a) of the Act (summary of the terms and conditions of a premises licence) to be in the form specified in Schedule 10.

Regulation 24 specifies the information to be included in a provisional statement in addition to that required under section 151(1) of the Act (as applied by section 204(2)).

Regulation 25 specifies the matters to be included in the plan which is attached to a provisional statement under section 151(1)(g) of the Act (as applied by section 204(2)).

Regulation 26 requires a provisional statement to be in the form specified in Schedule 11.

A full Regulatory Impact Assessment of the costs and benefits of these Regulations is available from the Premises Licences Team, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH, telephone 020 7211 6420.