The Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/173 |
2007 No. 173
betting, gaming and lotteries, england and wales
The Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007
Made 27th January 2007
Laid before Parliament 29th January 2007
Coming into force 30th April 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 9(2) and 197(2) of the Licensing Act 20031and section 154(5) of the Gambling Act 20052.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007 and shall come into force on 30th April 2007.
(2) These Regulations extend to England and Wales only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Gambling Act 2005;
“applicant” means a person who makes an application;
“application” means an application made under sections 159, 187, 188, 195, 197 or 204;
“relevant committee” means a licensing committee to which functions are delegated by virtue of section 154(1), or a licensing sub-committee empowered to discharge such functions by arrangement under section 10(1) of the Licensing Act 2003;
“notice of hearing” means a notice given to a party in accordance with regulation 5;
“party” means a person to whom a notice of hearing is given in accordance with regulation 5(1);
“representations” means representations made in accordance with regulations under section 161 in relation to an application, or section 197(6) or 200(5) in relation to a review;
“review” means a review under section 201; and
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 19713.
(2) For the purposes of these Regulations, a reference to a review being determined is a reference to the licensing committing deciding what, if any, action it proposes to take under section 202 following a review.
(3) A reference in these regulations to a numbered section or subsection is a reference to that section or subsection of the Act so numbered, unless the contrary is indicated.
Scope
3.—(1) These Regulations apply to the proceedings of a relevant committee in relation to the exercise of its functions under the following provisions of the Act—
(a)
(a) subsections (1) and (2) of section 162 (which make provision about the circumstances in which a hearing is required to be held in relation to an application); or
(b)
(b) section 201(4) (which makes provisions about the circumstances in which a hearing is required to be held in relation to a review).
(2) Subject to the provisions of these Regulations, it is for the relevant committee to determine the procedure to be followed in relation to the functions specified in paragraph (1).
(3) The Licensing Act 2003 (Hearings) Regulations 20054do not apply to the proceedings of a relevant committee specified in paragraph (1).
Period of time within which a hearing is to be held
4.—(1) Where a hearing is required to be held under section 162(1) or section 201(4) in relation to a procedure listed in column 1 of the table in the Schedule, the relevant committee must arrange for the hearing to be commenced as soon as is reasonably practicable after the expiry of any period for representations prescribed under sections 161(2), 197(6) or 200(5).
(2) In any case where the hearing is to be held on more than one day, the relevant committee must arrange for the hearing to take place on consecutive working days.
Notice of hearing
5.—(1) A relevant committee must give notice of any hearing which is required to be held in relation to a procedure listed in column 1 of the table in the Schedule, to each of the relevant persons listed in column 2 of that table.
(2) A relevant committee must ensure that the notice referred to in paragraph (1)—
(a)
(a) specifies the date on which, the place at which and the time when the hearing is to take place;
(b)
(b) states that the relevant committee will make available the documents listed in the relevant entry in column 3 of the table in the Schedule to the following persons if those persons request them—
(i) any person who has made representations (unless the relevant committee considers that the representations are vexatious, frivolous or will certainly not influence the determination of the application), and
(ii) in the case of an application under section 188 for the transfer of a premises licence, the licensee; and
(c)
(c) is sent so that, in the ordinary course of events, it is received no later than 10 working days before the first day on which the hearing is to be held (as specified in the notice).
Information and documents to accompany the notice of hearing
6.—(1) The notice of hearing must be accompanied by information in writing explaining the following—
(a)
(a) the consequences provided for under regulation 10(1) where a party informs the relevant committee that he does not wish to attend or be represented at the hearing, or fails to inform the relevant committee whether he wishes to attend or be represented at the hearing;
(b)
(b) the requirements imposed on the relevant committee in conducting a hearing as set out in regulations 8 and 9;
(c)
(c) the consequences provided for in regulation 10(2) where a party has indicated that he wishes to attend or be represented at the hearing, but fails to attend or be represented at the hearing;
(d)
(d) the procedure to be followed at the hearing;
(e)
(e) the time limit and method, if any, by which a party should inform the relevant committee that he wishes to attend or address the hearing;
(f)
(f) the time limit and method, if any, by which a party should inform the relevant committee that he wishes to be assisted or represented by another person;
(g)
(g) the time limit and method, if any, by which a party should inform the licensing authority that he will want to call a witness to give evidence at the hearing, and the matters in relation to which he wishes that witness to give evidence;
(h)
(h) the time limit and method, if any, by which a party should inform the relevant committee that he wishes to withdraw any representations;
(i)
(i) the time limit and method, if any, by which a party should inform the relevant committee that he is willing to consent to the application being determined without a hearing;
(j)
(j) the matters, if any, on which the relevant committee considers at the time that it will want clarification at the hearing from a party.
(2) Where a hearing is required to be held in relation to a procedure listed in column 1 of the table in the Schedule, a relevant committee must send the documents listed in the relevant entry in column 3 of the table in the Schedule—
(a)
(a) to the following persons—
(i) the applicant, and
(ii) in the case of a review, the licensee; and
(b)
(b) if requested by him, to—
(i) a person who has made representations in relation to the application or review (unless the relevant committee considers that the representations are vexatious, frivolous or will certainly not influence the determination of the application), and
(ii) in the case of an application under section 188 for a premises licence, the licensee.
Power to postpone
7.—(1) A relevant committee may at any time—
(a)
(a) postpone a hearing to a specified date, or
(b)
(b) arrange for a hearing to be held on a date specified by the committee.
(2) A relevant committee may take the actions specified in paragraph (1) if it considers it necessary—
(a)
(a) to enable it to consider any information or documents provided by any party in response to a notice under regulation 6, or at the hearing, or
(b)
(b) having regard to the ability of any party, person representing a party or witness to attend the hearing.
(3) Where a relevant committee has adjourned a hearing to a specified date it must, as soon as reasonably practicable, notify the parties of the new date, time and place for the hearing.
(4) Where a relevant committee has arranged for the hearing to be held on a specified additional date it must, as soon as reasonably practicable, notify the parties of the additional date, time and place for the hearing.
Hearings to be public
8.—(1) Subject to paragraph (2), the hearing must take place in public.
(2) A relevant committee may direct that all or part of a hearing must be in private if it is satisfied that it is necessary in all the circumstances of the case, having regard to—
(a)
(a) any unfairness to a party that is likely to result from a hearing in public; and
(b)
(b) the need to protect as far as possible, the commercial or other legitimate interests of a party.
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