Deregulation (Betting Licensing) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/947 |
| Year | 1997 |
1997No. 947
DEREGULATION
The Deregulation (Betting Licensing)
Order 1997
16thMarch1997
1stSeptember1997
Whereas:
(a) the Secretary of State is of the opinion that certain provisions of the Betting, Gaming and Lotteries Act 1963 ( a) and which are the subject of this Order impose burdens affecting persons in the carrying on of a trade, business, profession or otherwise and that by amending or repealing the provisions concerned and by making certain other provision it is possible to remove or reduce the burdens without removing any necessary protection;(b) he has consulted such organisations as appear to him to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;(c) it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of this Order;(d) a document setting out the Secretary of State's proposals has been laid before Parliament as required by section 3 of the Deregulation and Contracting Out Act 1994 ( b) and the period for Parliamentary consideration under section 4 of that Act has expired;(e) the Secretary of State has had regard to the representations made during that period;(f) a draft of this Order has been laid before Parliament with a statement giving details of such representations and the changes to the Secretary of State's proposals in the light of those representations; and(g) a draft of this Order has been approved by resolution of each House of Parliament.Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:
Citation, commencement, interpretation and extent
1.-(1) This Order may be cited as the Deregulation (Betting Licensing) Order 1997 and shall come into force on 1st September 1997.
(2) In this Order "the 1963 Act" means the Betting, Gaming and Lotteries Act 1963.
(3) This Order does not extend to Northern Ireland.
(a) 1963 c.2.
(b) 1994 c.40.
Conduct of licensed betting offices
2. After section 10 of the 1963 Act there shall be inserted- "Cancellation of betting office licence
"Cancellation of betting office licence
10A.-(1) Where the holder of a betting office licence is convicted under section 10(1) of this Act of an offence in respect of the betting office to which the licence relates, the court by or before whom he is convicted may, if the court thinks fit, order that the licence shall be forfeited and cancelled.
(2) An order under subsection (1) of this section made by a court in England and Wales shall be deemed for the purposes of any appeal to be part of the sentence for the offence; and in the case of such an order, the licence to which the order relates shall not be forfeited or cancelled under it-
(a) until the end of the period within which notice of appeal against the conviction or sentence may be given; nor(b) if notice of appeal against the conviction or sentence is duly given within that period, until the determination or abandonment of that appeal.(3) Where an order under subsection (1) of this section is made by a court in Scotland, the holder of the licence to which the order relates may, without prejudice to any other form of appeal under any rule of law, appeal against the order in the same manner as against a conviction; and the licence to which the order relates shall not be forfeited or cancelled under it-
(a) until the end of the period of 14 days commencing with the date on which the order was made; nor(b) if an appeal against the order or the conviction which gave rise to it is made within that period, until the date when that appeal is determined or abandoned or deemed to have been abandoned.(4) Where a licence is forfeited and cancelled in pursuance of an order under subsection (1) of this section, the clerk of the court by whom the order was made shall, unless he is also clerk to the authority who last either granted or renewed the licence, send a copy of the order to the clerk to that authority.".
Renewal of unopposed licences and permits
3.-(1) In Schedule 1 to the 1963 Act (bookmakers' permits, betting agency permits and betting office licences), after paragraph 20 there shall be inserted-
"Unopposed applications for renewal
20A.-(1) Where-
(a) an application for the renewal of a bookmaker's permit, betting agency permit or betting office licence (other than an application to which paragraph 10(b) of this Schedule applies) has been made in accordance with paragraph 9 of this Schedule, and(b) immediately before the meeting of the appropriate authority at which the application would, apart from this paragraph, fall to be considered-(i) the clerk to...To continue reading
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