Law

Gambling Act 2005

United Kingdom · statute

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In force since 2025-07-22, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 381 provisions
  1. Title and introductory text
  2. 1 The licensing objectives
  3. 2 Licensing authorities
  4. 3 Gambling
  5. 4 Remote gambling
  6. 5 Facilities for gambling
  7. 6 Gaming & game of chance
  8. 7 Casino
  9. 8 Equal chance gaming
  10. 9 Betting: general
  11. 10 Spread bets, &c.
  12. 11 Betting: prize competitions
  13. 12 Pool betting
  14. 13 Betting intermediary
  15. 14 Lottery
  16. 15 National Lottery
  17. 16 Betting and gaming
  18. 17 Lotteries and gaming
  19. 18 Lotteries and betting
  20. 19 Non-commercial society
  21. 20 Establishment of the Commission
  22. 21 Gaming Board: transfer to Commission
  23. 22 Duty to promote the licensing objectives
  24. 23 Statement of principles for licensing and regulation
  25. 24 Codes of practice
  26. 25 Guidance to local authorities
  27. 26 Duty to advise Secretary of State
  28. 27 Compliance
  29. 28 Investigation and prosecution of offences
  30. 29 Licensing authority information
  31. 30 Other exchange of information
  32. 31 Consultation with National Lottery Commission
  33. 32 Consultation with Commissioners of Customs and Excise
  34. 33 Provision of facilities for gambling
  35. 34 Exception: lotteries
  36. 35 Exception: gaming machines
  37. 36 Territorial application
  38. 37 Use of premises
  39. 38 Power to amend section 37
  40. 39 Exception: occasional use notice
  41. 40 Exception: football pools
  42. 41 Gambling software
  43. 42 Cheating
  44. 43 Chain-gift schemes
  45. 44 Provision of unlawful facilities abroad
  46. 45 Meaning of “child” and “young person”
  47. 46 Invitation to gamble
  48. 47 Invitation to enter premises
  49. 48 Gambling
  50. 49 Entering premises
  51. 50 Provision of facilities for gambling
  52. 51 Employment to provide facilities for gambling
  53. 52 Employment for lottery or football pools
  54. 53 Employment on bingo and club premises
  55. 54 Employment on premises with gaming machines
  56. 55 Employment in casino, &c.
  57. 56 Invitation to participate in lottery
  58. 57 Invitation to participate in football pools
  59. 58 Return of stake
  60. 59 Age limit for Category D gaming machines
  61. 60 Temporary use notice
  62. 61 Employment
  63. 62 Penalty
  64. 63 Reasonable belief about person's age
  65. 64 Use of children in enforcement operations
  66. 65 Nature of licence
  67. 66 Form of licence
  68. 67 Remote gambling
  69. 68 Combined licence
  70. 69 Application
  71. 70 Consideration of application: general principles
  72. 71 Consideration of application: criminal record
  73. 72 Consideration of application: demand
  74. 73 Procedure
  75. 74 Determination of application
  76. 75 General conditions imposed by Commission
  77. 76 General conditions: procedure
  78. 77 Individual condition imposed by Commission
  79. 78 Condition imposed by Secretary of State
  80. 79 Scope of powers to attach conditions
  81. 80 Requirement for personal licence
  82. 81 Credit and inducements
  83. 82 Compliance with code of practice
  84. 83 Return of stakes to children
  85. 84 Premises
  86. 85 Equipment
  87. 86 Gaming machines
  88. 87 Membership
  89. 88 Information
  90. 89 Remote operating licence
  91. 90 Casino operating licence
  92. 91 Bingo operating licence
  93. 92 General betting operating licence
  94. 93 Pool betting operating licence
  95. 94 Horse-race pool betting operating licence
  96. 95 Betting on the National Lottery
  97. 96 Gaming machine technical operating licence: standards
  98. 97 Gambling software operating licence: standards
  99. 98 Lottery operating licences
  100. 99 Mandatory conditions of lottery operating licence
  101. 100 Annual fee
  102. 101 Change of circumstance
  103. 102 Change of corporate control
  104. 103 Section 102: supplemental
  105. 104 Application to vary licence
  106. 105 Amendment
  107. 106 Register of operating licences
  108. 107 Copy of licence
  109. 108 Production of licence
  110. 109 Conviction
  111. 110 Indefinite duration
  112. 111 Power to limit duration
  113. 112 Renewal of licence
  114. 113 Surrender
  115. 114 Lapse
  116. 115 Forfeiture
  117. 116 Review
  118. 117 Regulatory powers
  119. 118 Suspension
  120. 118A Reinstatement
  121. 119 Revocation
  122. 120 Conditions for suspension or revocation
  123. 121 Financial penalty
  124. 122 Information
  125. 123 Levy
  126. 124 Directions and requirements
  127. 125 Relevant offence: disapplication of rehabilitation
  128. 126 Interpretation
  129. 127 Nature of personal licence
  130. 128 Application of provisions of Part 5
  131. 129 Exemption for small-scale operators
  132. 130 Application
  133. 131 Duration
  134. 132 Fees
  135. 133 Multiple licences
  136. 134 Production of licence
  137. 135 Review
  138. 136 Disqualification
  139. 137 Notification of operating licensee
  140. 138 Conviction
  141. 139 Breach of personal licence condition
  142. 140 Definition of “the Tribunal”
  143. 141 Appeal to Tribunal
  144. 142 Timing
  145. 143 Appeal from Tribunal
  146. 144 Powers of Tribunal
  147. 145 Stay pending appeal
  148. 146 Tribunal Procedure Rules
  149. 147 Fees
  150. 148 Legal assistance
  151. 149 Enforcement of costs orders
  152. 150 Nature of licence
  153. 151 Form of licence
  154. 152 Combined licence, &c.
  155. 153 Principles to be applied
  156. 154 Delegation of licensing authority functions: England and Wales
  157. 155 Delegation of functions under Part 8: Scotland
  158. 156 Register
  159. 157 Responsible authorities
  160. 158 Interested party
  161. 159 Making of application
  162. 160 Notice of application
  163. 161 Representations
  164. 162 Requirement for hearing
  165. 163 Determination of application
  166. 164 Grant of application
  167. 165 Rejection of application
  168. 166 Resolution not to issue casino licences
  169. 167 Mandatory conditions
  170. 168 Default conditions
  171. 169 Conditions imposed or excluded by licensing authority
  172. 170 Membership
  173. 171 Stakes, &c.
  174. 172 Gaming machines
  175. 173 Virtual gaming
  176. 174 Casino premises licence
  177. 175 Casino premises licence: overall limits
  178. 176 Casino premises licence: access by children
  179. 177 Credit
  180. 178 Door supervision
  181. 179 Pool betting on track
  182. 180 Pool betting on dog races
  183. 181 Betting machines
  184. 182 Exclusion of children from track areas
  185. 183 Christmas Day
  186. 184 Annual fee
  187. 185 Availability of licence
  188. 186 Change of circumstance
  189. 187 Application to vary licence
  190. 188 Transfer
  191. 189 Transfer: supplemental
  192. 190 Copy of licence
  193. 191 Initial duration
  194. 192 Surrender
  195. 193 Revocation for failure to pay fee
  196. 194 Lapse
  197. 195 Reinstatement
  198. 196 Reinstatement: supplemental
  199. 197 Application for review
  200. 198 Rejection of application
  201. 199 Grant of application
  202. 200 Initiation of review by licensing authority
  203. 201 Review
  204. 202 Action following review
  205. 203 Determination
  206. 204 Application
  207. 205 Effect
  208. 206 Rights of appeal
  209. 207 Process
  210. 208 Stay pending appeal
  211. 209 Further appeal
  212. 210 Planning permission
  213. 211 Vehicles and vessels
  214. 212 Fees
  215. 213 Interpretation
  216. 214 Exception to offence of using premises for gambling
  217. 215 Nature of notice
  218. 216 Form of notice
  219. 217 Effect of notice
  220. 218 Maximum permitted period
  221. 219 Giving notice
  222. 220 Acknowledgment of notice
  223. 221 Objections
  224. 222 Hearing of objections
  225. 223 Modification by agreement
  226. 224 Counter-notice
  227. 225 Dismissal of objection
  228. 226 Appeal
  229. 227 Endorsement of notice
  230. 228 Consideration by licensing authority: timing
  231. 229 Availability of notice
  232. 230 Withdrawal of notice
  233. 231 Vehicles and vessels
  234. 232 Delegation of licensing authority functions: England and Wales
  235. 233 Delegation of functions under Part 9: Scotland
  236. 234 Register
  237. 235 Gaming machine
  238. 236 Gaming machines: Categories A to D
  239. 237 Adult gaming centre
  240. 238 Family entertainment centre
  241. 239 Prize
  242. 240 Use of machine
  243. 241 Supply, &c.
  244. 242 Making machine available for use
  245. 243 Manufacture, supply, &c.
  246. 244 Linked machines
  247. 246 Penalty
  248. 247 Family entertainment centre gaming machine permit
  249. 248 No prize
  250. 249 Limited prize
  251. 250 Single-machine supply and maintenance permits
  252. 251 Territorial application
  253. 252 Promoting a lottery
  254. 253 Lottery ticket
  255. 254 Proceeds and profits
  256. 255 Draw
  257. 256 Rollover
  258. 257 External lottery manager
  259. 258 Promotion of lottery
  260. 259 Facilitating a lottery
  261. 260 Misusing profits of lottery
  262. 261 Misusing profits of exempt lottery
  263. 262 Small society lottery: breach of condition
  264. 263 Penalty
  265. 264 Exclusion of the National Lottery
  266. 265 Territorial application
  267. 266 Members' club
  268. 267 Commercial club
  269. 268 Miners' welfare institute
  270. 269 Exempt gaming
  271. 270 Section 269: supplementary
  272. 271 Club gaming permit
  273. 272 Section 271: supplementary
  274. 273 Club machine permit
  275. 274 Procedure, &c.
  276. 275 Bingo
  277. 276 Interpretation
  278. 277 Alcohol licence
  279. 278 Application of sections 279 to 284
  280. 279 Exempt gaming
  281. 280 Section 279: supplementary
  282. 281 Bingo
  283. 282 Gaming machines: automatic entitlement
  284. 283 Licensed premises gaming machine permits
  285. 284 Removal of exemption
  286. 285 Permits
  287. 286 Interpretation: travelling fair
  288. 287 Gaming machines
  289. 288 Meaning of “prize gaming”
  290. 289 Prize gaming permits
  291. 290 Gaming and entertainment centres
  292. 291 Bingo halls
  293. 292 Fairs
  294. 293 Conditions for prize gaming
  295. 294 Power to restrict exemptions
  296. 295 Interpretation
  297. 296 Exceptions to offences
  298. 297 Interpretation
  299. 298 Exceptions to offences
  300. 299 Conditions for non-commercial prize gaming
  301. 300 Conditions for non-commercial equal-chance gaming
  302. 301 Misusing profits of non-commercial prize gaming
  303. 302 Non-commercial betting
  304. 303 Enforcement officers
  305. 304 Authorised persons
  306. 305 Compliance
  307. 306 Suspected offence
  308. 307 Inspection of gambling
  309. 308 Operating licence holders
  310. 309 Family entertainment centres
  311. 310 Premises licensed for alcohol
  312. 311 Prize gaming permit
  313. 312 Clubs
  314. 313 Licensed premises
  315. 314 Lotteries: registered societies
  316. 315 Temporary use notice
  317. 316 Authorisations: production on demand
  318. 317 Powers
  319. 318 Dwellings
  320. 319 Records
  321. 320 Timing
  322. 321 Evidence of authorisation
  323. 322 Information
  324. 323 Use of force
  325. 324 Person accompanying inspector, &c.
  326. 325 Securing premises after entry
  327. 326 Obstruction
  328. 327 Meaning of “advertising”
  329. 328 Regulations
  330. 329 Broadcasting
  331. 330 Unlawful gambling
  332. 331 Foreign gambling
  333. 332 Territorial application: non-remote advertising
  334. 333 Territorial application: remote advertising
  335. 334 Repeal of provisions preventing enforcement
  336. 335 Enforceability of gambling contracts
  337. 336 Power of Gambling Commission to void bet
  338. 337 Section 336: supplementary
  339. 338 Interim moratorium
  340. 339 Prize competitions
  341. 340 Foreign betting
  342. 341 Offence committed by body
  343. 342 False information
  344. 343 Value of prize
  345. 344 Participation fees
  346. 345 Forfeiture
  347. 346 Prosecution by licensing authority
  348. 347 Prosecution: time limit
  349. 348 Excluded premises
  350. 349 Three-year licensing policy
  351. 350 Exchange of information
  352. 351 Power to amend Schedule 6
  353. 352 Data protection
  354. 352A Wrongful disclosure
  355. 353 Interpretation
  356. 354 Crown application
  357. 355 Regulations, orders and rules
  358. 356 Amendments and repeals
  359. 357 Money
  360. 358 Commencement
  361. 359 Vessels: territorial limitations
  362. 360 Aircraft: territorial limitations
  363. 361 Extent
  364. 362 Short title
  365. SCHEDULE 1 Betting: Prize Competitions: Definition of Payment to Enter
  366. SCHEDULE 2 Lotteries: Definition of Payment to Enter
  367. SCHEDULE 3 Amendment of National Lottery etc. Act 1993 (c. 39)
  368. SCHEDULE 4 The Gambling Commission
  369. SCHEDULE 5 Transfer from Gaming Board to Gambling Commission: Supplementary Provision
  370. SCHEDULE 6 Exchange of Information: Persons and Bodies
  371. SCHEDULE 7 Relevant Offences
  372. SCHEDULE 9 Applications for Casino Premises Licences
  373. SCHEDULE 10 Family Entertainment Centre Gaming Machine Permits
  374. SCHEDULE 11 Exempt Lotteries
  375. SCHEDULE 12 Club Gaming Permits and Club Machine Permits
  376. SCHEDULE 13 Licensed Premises Gaming Machine Permits
  377. SCHEDULE 14 Prize Gaming Permits
  378. SCHEDULE 15 Private Gaming and Betting
  379. SCHEDULE 16 Minor and Consequential Amendments
  380. SCHEDULE 17 Repeals
  381. SCHEDULE 18 Transitional

Proposed changes to this act

No one has proposed a change to this act yet.

381 provisions

119 Revocation

(1) The Commission may revoke an operating licence if following a review under section 116(1) or (2) the Commission thinks that any of the conditions specified in section 120(1) applies. (2) The Commission may revoke an operating licence if it thinks that any of the conditions specified in section 120(2) applies. (3) The Commission shall revoke an operating licence if the licensee fails to pay the annual fee in accordance with section 100; but the Commission may disapply this subsection if it thinks that a failure to pay is attributable to administrative error. (3A) The Commission must revoke an operating licence if directed to do so under paragraph 6 of Schedule 27 to the Finance Act 2014. (4) Where the Commission revokes an operating licence it— (a) shall specify the time when the revocation takes effect, and (b) may make saving or transitional provision (which may, in particular, provide for a licence to continue to have effect in relation to a gaming machine supplied, or another thing done, before the time when the revocation takes effect for other purposes).

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120 Conditions for suspension or revocation

(1) The conditions referred to in sections 118(1) and (2) and 119(1) are— (a) that a licensed activity is being or has been carried on in a manner which is inconsistent with the licensing objectives, (b) that a condition of the licence has been breached, (c) that the licensee has failed to cooperate with a review under section 116(1) or (2), or (d) that the licensee is unsuitable to carry on the licensed activities. (2) The conditions referred to in sections 118(3) and 119(2) are— (a) that the licensee has failed to comply with a requirement of regulations under section 101, or (b) that the licensee has failed to submit the licence to the Commission for amendment in accordance with section 105. (3) In considering a licensee's suitability for the purpose of subsection (1)(d) the Commission may, in particular, have regard to— (a) the integrity of the licensee or of any person who exercises a function in connection with or is interested in the licensed activities; (b) the competence of the licensee, or of any person who exercises a function in connection with the licensed activities, to carry on the licensed activities in a manner consistent with pursuit of the licensing objectives; (c) the financial and other circumstances of the licensee or of any person who exercises a function in connection with or is interested in the licensed activities (and, in particular, the resources available for the purpose of carrying on the licensed activities).

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121 Financial penalty

(1) The Commission may require the holder of an operating licence to pay a penalty if the Commission thinks that a condition of the licence has been breached. (2) Before imposing a requirement on a licensee to pay a penalty under this section the Commission must notify him— (a) that the Commission proposes to require him to pay a penalty, (b) of the amount of the proposed penalty, (c) of the Commission's reasons, and (d) of a period within which he may make representations to the Commission. (3) The Commission may not give a notice under subsection (2) in respect of the breach of a condition after the end of the period of two years beginning with— (a) the day on which the breach occurred or began to occur, or (b) if later, the day on which the breach came to the knowledge of the Commission. (4) After the end of the period specified under subsection (2)(d) the Commission may give the licensee a notice requiring him to pay a penalty under this section. (5) A penalty imposed by notice under subsection (4)— (a) shall be payable by the licensee to the Commission, (b) may be enforced as if it were a debt owed by the licensee to the Commission, and (c) on receipt by the Commission shall be paid into the Consolidated Fund after deduction of a sum which represents the direct costs to the Commission of, and a reasonable share of expenditure by the Commission which is indirectly referable to— (i) the investigation by the Commission of the matter in respect of which the penalty is imposed (whether by review under section 116 or otherwise), or (ii) the imposition and enforcement of the penalty. (6) The Commission shall— (a) prepare a statement setting out the principles to be applied by the Commission in exercising the powers under this section, (b) review the statement from time to time, (c) revise the statement when the Commission thinks it necessary, (d) as soon as is reasonably practicable— (i) send the statement and any revision to the Secretary of State, and (ii) publish the statement and any revision, and (e) have regard to the statement when exercising a power under this section. (7) The statement maintained under subsection (6) must, in particular, require the Commission in considering the imposition of a penalty under this section or the amount of a penalty to have regard, in particular, to— (a) the seriousness of the breach of condition in respect of which the penalty is proposed, (b) whether or not the licensee knew or ought to have known of the breach, and (c) the nature of the licensee (including, in particular, his financial resources). (8) Before preparing or revising a statement under subsection (6) the Commission shall consult— (a) the Secretary of State, (b) the Lord Chancellor, and (c) such other persons as the Commission thinks appropriate.

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122 Information

(1) The holder of an operating licence shall comply with a request of the Commission to— (a) produce a written or electronic record relating to the licensed activities; (b) provide a copy of a written or electronic record relating to the licensed activities; (c) provide information about the licensed activities. (2) A request under subsection (1) may specify— (a) the form and manner in which a record or information is to be produced or provided; (b) the period within which a record or information is to be produced or provided. (3) The Commission may retain anything provided under subsection (1). (4) The Commission may exercise a power under this section only for the purpose of— (a) determining whether activities have been carried on in purported reliance on the licence but not in accordance with a condition of the licence, or (b) determining the suitability of the licensee to carry on the licensed activities. (5) A person commits an offence if he fails without reasonable excuse to comply with subsection (1). (6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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123 Levy

(1) The Secretary of State may make regulations requiring holders of operating licences to pay an annual levy to the Commission. (2) The regulations shall, in particular, make provision for— (a) the amount of the levy; (b) timing of payment of the levy. (3) The regulations may, in particular, make provision— (a) determining the amount of the levy by reference to a percentage of specified receipts of an operating licence holder, (b) determining the amount of the levy by reference to a percentage of specified profits of an operating licence holder, (c) determining the amount of the levy by reference to a percentage of the annual fee under section 100, (d) providing for the determination of the amount of the levy according to a specified formula, or (e) providing for the determination of the amount of the levy in some other way. (4) Any sum due by way of levy by virtue of this section shall be treated for the purposes of this Act as if it were due by way of annual fee under section 100. (5) The Commission shall, with the consent of the Treasury and of the Secretary of State, expend money received by way of levy for purposes related to, or by providing financial assistance for projects related to— (a) addiction to gambling, (b) other forms of harm or exploitation associated with gambling, or (c) any of the licensing objectives. (6) In subsection (5) the reference to financial assistance is a reference to grants, loans and any other form of financial assistance, which may be made or given on terms or conditions (which may include terms and conditions as to repayment with or without interest). (7) The Secretary of State shall consult the Commission before making regulations under this section.

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124 Directions and requirements

Where the Commission has power under this Part to give a direction or impose a requirement it may give different directions or impose different requirements in relation to different cases or circumstances.

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125 Relevant offence: disapplication of rehabilitation

Section 4 of the Rehabilitation of Offenders Act 1974 (c. 53) (effect of rehabilitation) shall not apply for the purposes of or in connection with— (a) section 69(2)(d), or (b) section 71(1).

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126 Interpretation

(1) In this Part— “conviction”— has the meaning given by section 1(4) of the Rehabilitation of Offenders Act 1974, and includes, to the extent required by section 125, a spent conviction within the meaning of that Act, “holder”, in relation to an operating licence, means the person to whom the licence is issued, “the licensed activities” in relation to an operating licence means the activities which it authorises, and “licensee”, in relation to an operating licence, means the person to whom the licence is issued. (2) In this Act “relevant offence” means— (a) an offence listed in Schedule 7, and (b) an offence under the law of a country or territory outside the United Kingdom (a “foreign offence”) which prohibits a kind of activity prohibited by an offence listed in that Schedule (a “domestic offence”). (3) For the purpose of subsection (2)(b) it is immaterial— (a) whether or not the foreign offence prohibits all the kinds of activity prohibited by the domestic offence, and (b) whether or not the foreign offence prohibits kinds of activity not prohibited by the domestic offence.

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127 Nature of personal licence

(1) For the purposes of this Act a “personal licence” is a licence which authorises an individual to perform the functions of a specified management office, or to perform a specified operational function, in connection with— (a) the provision of facilities for gambling, or (b) a person who provides facilities for gambling. (2) In this section “management office” and “operational function” have the same meaning as in section 80.

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128 Application of provisions of Part 5

(1) The provisions of Part 5 (other than section 65(2), (4) and (5)) shall apply to a personal licence as they apply to an operating licence, with— (a) the modifications and exclusions specified in this Part, (b) such modifications and exclusions as the Secretary of State may specify by regulations, and (c) any other necessary modifications. (2) Regulations under a provision of Part 5— (a) may make different provision for purposes of this Part and for purposes of that Part, and (b) in making provision for purposes of this Part, may make different provision in relation to personal licences authorising— (i) the performance of different kinds of function, or (ii) the performance of functions in different circumstances.

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129 Exemption for small-scale operators

(1) A condition may not be attached to an operating licence under section 75, 77 or 78 requiring possession of a personal licence if the licensee is a small-scale operator. (2) In this section “small-scale operator” shall have such meaning as the Secretary of State may prescribe by regulations. (3) Regulations under subsection (2) may, in particular, make provision by reference to— (a) the size or value of business carried on, or expected to be carried on, in reliance on an operating licence; (b) the number of persons employed, or expected to be employed, by the licensee. (4) A constable or enforcement officer may under section 108(1) require a small-scale operator to produce his operating licence— (a) within a specified period, or (b) while the operator is carrying on a licensed activity, immediately.

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130 Application

(1) A direction under section 69(2)(c) or (f) (as applied by section 128) may, in particular, require that an application— (a) be signed by the applicant's employer; (b) contain or be accompanied by information provided by the applicant's employer or relating to his employment. (2) The Commission may under section 73(1)(a) (as applied by section 128) require an applicant to obtain information from his employer. (3) For the purposes of this section a reference to an applicant's employer is a reference to any person for whom the applicant, in the course of a business (but whether or not under a contract of employment)— (a) provides services, (b) has provided services, or (c) intends to provide services. (4) Neither this section nor any other provision of this Act shall be treated as preventing a person who is not employed from applying for a personal licence.

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131 Duration

A personal licence shall continue to have effect unless and until it ceases to have effect in accordance with section 113, 114, 115 or 119 (as applied by section 128).

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132 Fees

(1) Section 100 shall not have effect in relation to personal licences. (2) The Secretary of State may make regulations requiring the holder of a personal licence to pay to the Commission specified fees in respect of specified periods during which the licence is held. (3) Regulations under this section may, in particular, make different provision for— (a) different kinds of licence, or (b) different circumstances. (4) In its application to this part by virtue of section 128, the reference in section 119(3) to failure to pay an annual fee shall be construed as a reference to failure to comply with regulations under this section.

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133 Multiple licences

(1) The Commission may not issue a personal licence to an individual who already holds one. (2) But a personal licence may authorise the performance of more than one function.

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134 Production of licence

(1) A constable or enforcement officer may under section 108 (as applied by section 128) require the individual who holds a personal licence to produce the licence— (a) within a specified period, (b) while the individual is carrying on a licensed activity, immediately, or (c) while the individual is on premises in respect of which a premises licence has effect, immediately. (2) A licensee commits an offence if he fails without reasonable excuse to comply with a requirement under subsection (1). (3) A person guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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135 Review

Section 116(1) shall not apply in relation to personal licences.

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136 Disqualification

(1) A court which may order the forfeiture of an individual's personal licence under section 115 (as applied by section 128) may, whether or not it makes an order for forfeiture, make an order disqualifying the individual from holding a personal licence for a specified period, not exceeding ten years, beginning with the date of the order. (2) The Commission shall not issue a personal licence to a person while a disqualification order under this section has effect in respect of him. (3) Subsections (2) to (5) of section 115 shall have effect in relation to an order under this section (and in relation to a licence held by the person disqualified) as they have effect in relation to an order under that section (and in relation to the licence forfeited).

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137 Notification of operating licensee

(1) This section applies where the Commission— (a) suspends a personal licence under section 118 (as applied by section 128), (b) revokes a personal licence under section 119 (as applied by section 128), (c) is informed by a court of the making of a forfeiture order in respect of a personal licence under section 115 (as applied by section 128), or (d) is informed by a court of the making of a disqualification order under section 136. (2) If the Commission believes that the holder of the personal licence, or the subject of the disqualification order, is providing services to the holder of an operating licence in connection with the licensed activities, the Commission shall as soon as is reasonably practicable notify the holder of the operating licence of the matter specified in subsection (1).

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138 Conviction

(1) This section applies if the holder of a personal licence is convicted of a relevant offence by or before a court (whether inside or outside Great Britain). (2) The holder of any relevant operating licence shall notify the Commission of the conviction, and of any sentence passed in respect of it, as soon as is reasonably practicable after becoming aware of it. (3) A person commits an offence if he fails without reasonable excuse to comply with subsection (2). (4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. (5) For the purposes of subsection (2) an operating licence is relevant if the holder of the personal licence acts in connection with activities authorised by the operating licence. (6) The duty under subsection (2) is in addition to any duty of the holder of the personal licence under section 109 (as applied by section 128).

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139 Breach of personal licence condition

(1) This section applies where— (a) a condition attached to an operating licence includes provision for a personal licence in accordance with section 80, (b) an individual who holds a personal licence under this Part acts in the course of or in connection with any of the activities authorised by the operating licence, and (c) the individual's action is not in accordance with the terms and conditions of the personal licence. (2) The individual commits an offence. (3) The individual may be proceeded against for the offence under subsection (2) whether or not the holder of the operating licence is proceeded against for an offence under section 33 (by reason of a breach of the condition under section 80). (4) An individual guilty of an offence under this section shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (5) In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months.

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140 Definition of “the Tribunal”

In this Part “the Tribunal” means the First-tier Tribunal.

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141 Appeal to Tribunal

(1) Where the Commission determines an application under section 69 or 112 (including either of those sections as applied by section 128) for the issue or renewal of an operating licence or a personal licence, the applicant may appeal to the Tribunal. (2) Where the Commission attaches a condition to a licence under section 77 (including that section as applied by section 128) the licensee may appeal to the Tribunal. (3) Where the Commission determines an application under section 102(2)(b) the applicant may appeal to the Tribunal. (4) Where the Commission determines an application under section 104 (including that section as applied by section 128) the applicant may appeal to the Tribunal. (5) Where the Commission gives a notice under section 114(1)(b) (including that section as applied by section 128) the licensee may appeal to the Tribunal. (6) Where the Commission takes action, or determines to take action, under section 117 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal. (7) Where the Commission takes action, or determines to take action, under section 118 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal. (8) Where the Commission takes action, or determines to take action, under section 119 (including that section as applied by section 128) in respect of a licence, the licensee may appeal to the Tribunal. (9) Where the Commission gives a notice imposing a penalty on a licensee under section 121(4) (including that section as applied by section 128) the licensee may appeal to the Tribunal.

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142 Timing

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143 Appeal from Tribunal

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144 Powers of Tribunal

(1) On an appeal under section 141 against a decision or action taken by the Commission the Tribunal may— (a) affirm the Commission's decision or action; (b) quash the Commission's decision or action in whole or in part; (c) substitute for all or part of the Commission's decision or action another decision or action of a kind that the Commission could have taken; (d) add to the Commission's decision or action a decision or action of a kind that the Commission could have taken; (e) remit a matter to the Commission (generally, or for determination in accordance with a finding made or direction given by the Tribunal); (f) reinstate a lapsed or revoked licence. (2) In determining an appeal instituted out of time under Tribunal Procedure Rules or following a direction under section 145(2) the Tribunal may, in addition to the matters specified in subsection (1) above, make any order that it thinks appropriate. (3) In determining an appeal the Tribunal shall have regard to any relevant provision of a code of practice issued by the Commission under section 24. (4) In determining an appeal the Tribunal may take account of evidence which was not available to the Commission. (5) Section 141 applies to a decision or action of the Commission following remittal under subsection (1)(e) above.

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145 Stay pending appeal

(1) A decision or other action under Part 5 or 6 shall have no effect while an appeal under section 141— (a) could be brought (ignoring the possibility of an appeal out of time under Tribunal Procedure Rules ), or (b) has been brought and has not yet been either finally determined or abandoned. (2) But when making a decision or taking other action under Part 5 or 6 the Commission may direct that subsection (1) shall not apply.

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146 Tribunal Procedure Rules

(1) Tribunal Procedure Rules may make provision— (a) regulating the exercise of a right of appeal under this Act to the Tribunal; (b) for the suspension by the Tribunal of decisions of the Commission (whether or not they have already taken effect). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In the case of proceedings before the Tribunal under this Act, Tribunal Procedure Rules may provide— (a) that a person commits an offence if without reasonable excuse he fails to comply with a requirement of a specified kind imposed by or in accordance with the rules, and (b) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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147 Fees

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148 Legal assistance

(1) The Lord Chancellor may by regulations establish a scheme for the provision of legal assistance to appellants to the Tribunal. (2) Regulations under subsection (1) may, in particular— (a) specify the kinds of assistance that may be provided; (b) specify the classes of person by whom assistance may be provided; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) enable the Tribunal to determine eligibility for assistance by reference to criteria specified in the regulations; (f) make provision for an appeal against refusal of assistance; (g) enable assistance to be granted subject to conditions or restrictions imposed by the Tribunal (which may, in particular, include conditions requiring— (i) a person receiving assistance to contribute towards its cost; (ii) a person who received assistance to defray all or part of its cost in specified circumstances); (h) enable the Tribunal to vary or revoke a decision that assistance should be provided; (i) include provision for enforcement of a duty of payment arising under the regulations (which may, in particular, confer jurisdiction on a court). (3) Regulations under subsection (1) may, in particular, apply generally or only— (a) in relation to specified kinds of appeal; (b) in specified circumstances. (4) The Lord Chancellor shall defray the costs of assistance provided under the scheme (subject to subsection (2)(g)). (5) Regulations under this section shall have no effect in relation to proceedings heard or to be heard by the Tribunal sitting in Scotland.

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149 Enforcement of costs orders

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150 Nature of licence

(1) A premises licence is a licence which states that it authorises premises to be used for— (a) the operation of a casino (a “casino premises licence”), (b) the provision of facilities for the playing of bingo (a “bingo premises licence”), (c) making Category B gaming machines available for use (an “adult gaming centre premises licence”), (d) making Category C gaming machines available for use (a “family entertainment centre premises licence”), or (e) the provision of facilities for betting, whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets (a “betting premises licence”). (2) A casino premises licence is— (a) a “regional casino premises licence” if it relates to a regional casino, (b) a “large casino premises licence” if it relates to a large casino, and (c) a “small casino premises licence” if it relates to a small casino. (3) Neither a premises licence nor any provision of this Part disapplies or provides a defence to the offence under section 33.

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151 Form of licence

(1) A premises licence must— (a) specify the name of the person to whom it is issued, (b) specify a home or business address of that person, (c) specify the premises to which it relates, (d) specify the activities for which it authorises the premises to be used, (e) specify any condition attached by the licensing authority under section 169(1)(a), (f) specify any exclusion of a default condition effected by the licensing authority under section 169(1)(b), (g) include a plan of the premises, and (h) if a period is prescribed under section 191 at the end of which the licence will expire (unless renewed or terminated earlier), specify the period. (2) The Secretary of State may make regulations about— (a) the form of a premises licence, and (b) the content of a premises licence (which may, in particular, require the inclusion of information about mandatory conditions, default conditions or conditions attached to the licence by virtue of a provision of this Part). (3) In relation to a premises licence issued in Scotland, subsection (2) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.

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152 Combined licence, &c.

(1) A premises licence— (a) may not authorise the use of premises for activities of more than one of the kinds specified in section 150(a) to (e) (subject to sections 172 to 174 and subsection (2) below), and (b) may not be issued in respect of premises if a premises licence already has effect in relation to the premises (subject to subsection (3)). (2) Subsection (1)(a) does not apply in the case of a track. (3) More than one premises licence may have effect in relation to a track provided that— (a) each licence relates to a specified area of the track, and (b) not more than one premises licence has effect in relation to any area of the track. (4) If a person applies for a premises licence in respect of an area of a track (“a subsidiary licence”) and a premises licence already has effect in respect of the whole track or a part of the track that includes that area (“the main licence”)— (a) the application for the subsidiary licence must be accompanied by an application under section 187 to vary the main licence so that it does not have effect in relation to the area to which the subsidiary licence is to relate, and (b) the application for the subsidiary licence may be granted only after, or together with, the grant of the application for variation.

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153 Principles to be applied

(1) In exercising their functions under this Part a licensing authority shall aim to permit the use of premises for gambling in so far as the authority think it— (a) in accordance with any relevant code of practice under section 24, (b) in accordance with any relevant guidance issued by the Commission under section 25, (c) reasonably consistent with the licensing objectives (subject to paragraphs (a) and (b)), and (d) in accordance with the statement published by the authority under section 349 (subject to paragraphs (a) to (c)). (2) In determining whether to grant a premises licence a licensing authority may not have regard to the expected demand for the facilities which it is proposed to provide. (3) This section is subject to section 166.

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154 Delegation of licensing authority functions: England and Wales

(1) The functions under this Part of a licensing authority in England and Wales are by virtue of this subsection delegated to the licensing committee of the authority established under section 6 of the Licensing Act 2003 (c. 17). (2) But— (a) a licensing authority's functions under section 166 are not delegated by virtue of subsection (1) and may not be delegated by the authority, (b) a licensing authority's functions under section 212 are not delegated by virtue of subsection (1) but may be delegated by the authority, and (c) a licensing authority's function under section 349 is not delegated by virtue of subsection (1) and may not be delegated by the authority. (3) The following provisions of the Licensing Act 2003 shall apply in relation to a function delegated to a licensing committee by virtue of subsection (1) or (2)(b) as they apply in relation to a function delegated under that Act— (a) section 7(9) (referral back to licensing authority), and (b) section 10 (sub-delegation). (4) In the application of section 10(4) of that Act (matters not to be delegated to officer) by virtue of subsection (3) above, the following shall be substituted for the list of functions— (a) determination of an application for a premises licence in respect of which representations have been made under section 161 (and not withdrawn), (b) determination of an application for the variation of a premises licence in respect of which representations have been made under section 161 as applied by section 187 (and not withdrawn), (c) determination of an application for transfer following representations by the Commission, (d) determination of an application for a provisional statement under section 204 in respect of which representations have been made under section 161 as applied by section 204 (and not withdrawn), and (e) a review of a premises licence under section 201. (5) The provisions of section 9 of that Act and regulations under it apply to proceedings of licensing committees and their sub-committees in relation to the exercise of functions under this Part; and for that purpose regulations may, in particular, make provision which applies— (a) only in relation to functions under that Act, (b) only in relation to functions under this Part, or (c) differently in relation to functions under that Act and functions under this Part.

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155 Delegation of functions under Part 8: Scotland

(1) Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of its functions under this Part by– (a) any member of the authority, (b) any committee established by the authority, (c) the clerk of the authority, or (d) any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 (asp 16). (2) A licensing authority are not to make any arrangements under subsection (1)— (a) in relation to their power under section 166 or their function under section 349, or (b) for the discharge by the clerk of the authority or any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 of any of the authority's functions mentioned in paragraphs (a) to (e) of section 154(4). (3) The procedures applicable to the proceedings of licensing boards in the exercise or their functions under the Licensing (Scotland) Act 2005 apply to the proceedings of those boards in the exercise of their functions under this Part: and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies— (a) only in relation to functions under that Act, (b) only in relation to functions under this Part, or (c) differently in relation to functions under that Act and functions under this Part.

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156 Register

(1) A licensing authority shall— (a) maintain a register of premises licences issued by the authority together with such other information as may be prescribed, (b) make the register and information available for inspection by members of the public at all reasonable times, and (c) make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request. (2) A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority. (3) The Secretary of State may make regulations about— (a) the form of the register; (b) the manner in which it is maintained. (4) The Secretary of State may make regulations— (a) requiring licensing authorities to give to the Commission specified information about premises licences issued by them, (b) requiring the Commission to maintain a register of the information provided to it under paragraph (a), (c) requiring the Commission to grant access to the register to members of the public (without charge), (d) requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public, and (e) excusing licensing authorities, wholly or partly, from compliance with subsection (1).

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157 Responsible authorities

For the purposes of this Part the following are responsible authorities in relation to premises— (a) a licensing authority in England and Wales in whose area the premises are wholly or partly situated, (b) the Commission, (c) either— (i) in England and Wales, the chief officer of police for a police area in which the premises are wholly or partly situated, or (ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, (d) the fire and rescue authority for an area in which the premises are wholly or partly situated, (e) either— (i) in England and Wales, the local planning authority, in accordance with Part I of the Town and Country Planning Act 1990 (c. 8), for an area in which the premises are wholly or partly situated, or (ii) in Scotland, the planning authority, in accordance with Part 1 of the Town and Country Planning (Scotland) Act 1997 (c. 8), for an area in which the premises are wholly or partly situated, (f) the Scottish Fire and Rescue Service, (g) an authority which has functions by virtue of an enactment in respect of minimising or preventing the risk of pollution of the environment or of harm to human health in an area in which the premises are wholly or partly situated, (h) a body which is designated in writing for the purposes of this paragraph, by the licensing authority for an area in which the premises are wholly or partly situated, as competent to advise the authority about the protection of children from harm, (i) Her Majesty's Commissioners of Customs and Excise, and (j) any other person prescribed for the purposes of this section by regulations made by the Secretary of State.

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158 Interested party

For the purposes of this Part a person is an interested party in relation to a premises licence or in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the application is made, the person— (a) lives sufficiently close to the premises to be likely to be affected by the authorised activities, (b) has business interests that might be affected by the authorised activities, or (c) represents persons who satisfy paragraph (a) or (b).

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