The Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/1834 |
2007 No. 1834
betting, gaming and lotteries
The Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007
Made 26th June 2007
Laid before Parliament 26th June 2007
Coming into force 1st August 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 355(1) of, and paragraphs 2(c) to (e), 3(1), 4, 10(4), 11(1), 14(1)(a) and (2), 15(2)(a), 16(2) and 24(3) of Schedule 12 to, the Gambling Act 20051.
Citation, commencement and application
1. These Regulations may be cited as the Gambling Act 2005 (Club Gaming and Club Machine Permits) Regulations 2007 and shall come into force on 1st August 2007.
2. These regulations apply to England and Wales and Scotland, except regulations 8, 15 and 16, which apply only to England and Wales.
Interpretation
3.—(1) In these Regulations—
“the Act” means the Gambling Act 2005;
“the 1968 Act” means the Gaming Act 19682;
“applicant” means a members’ club3, commercial club4or miners’ welfare institute5that is making an application under paragraph 1(1) or (as the case may be) paragraph 1(2) or 24(1);
“application” means, unless otherwise specified, an application—
(a) for a club gaming permit6under paragraph 1(1),
(b) for a club machine permit7under paragraph 1(2), or
(c) to renew a club gaming or club machine permit under paragraph 24(1),
as the case may require;
“existing Part 2 operator” means an applicant—
(a) who is registered—
(i) under Part 2 of the 1968 Act (a “Part 2 registration”) and the registration has effect immediately before 1st September 2007, or
(ii) under Part 2 of the 1968 Act on or after 1st September 2007; and
(b) whose application—
(i) relates to the same or substantially the same premises as those to which the Part 2 registration relates,
(ii) complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and
(iii) is made before the relevant date;
“existing Part 3 operator” means an applicant—
(a) who is registered—
(i) under Part 3 of the 1968 Act (a “Part 3 registration”) and the registration has effect immediately before 1st September 2007, or
(ii) under Part 3 of the 1968 Act on or after 1st September 2007; and
(b) whose application—
(i) relates to the same or substantially the same premises as those to which the Part 3 registration relates,
(ii) complies with sub-paragraphs (b) and (e) of paragraph 2 and (where applicable) paragraph 3, and
(iii) is made before the relevant date;
“permit” means—
(a) a club gaming permit; or
(b) a club machine permit;
“relevant date”—
(a) in relation to a Part 2 registration, has the meaning given in paragraphs 80(3) to (5) of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 20068(“the Order”); and
(b) in relation to a Part 3 registration, has the meaning given in paragraphs 88(3) to (5) of Schedule 4 to the Order.
(2) A reference in these Regulations to a numbered paragraph is a reference to that paragraph of Schedule 12 to the Act so numbered.
Form and manner of application for a permit and application fee
4. An application must be made in the form prescribed in Schedule 1.
5. Where an application is made by an existing Part 2 or Part 3 operator, the application shall be accompanied by a copy of—
(a) the applicant’s registration certificate within the meaning of paragraph 18(1) of Schedule 3 or paragraph 16(1) of Schedule 4 to the 1968 Act, if the applicant is an existing Part 2 operator, or
(b) a copy of the certificate issued to the applicant under paragraph 21 of Schedule 7 to the 1968 Act, if the applicant is an existing Part 3 operator.
6. An application under paragraph 24(1) to renew a permit shall be accompanied by a copy of that permit.
7. For the purposes of paragraph 3(1), an applicant must send a copy of an application and any accompanying documents to—
(a) the Commission, and
(b) the chief officer of police (within the meaning given in paragraph 3(1)(b)), or in Scotland the chief constable,
within a period of 7 days beginning on the date on which the application is made.
8.—(1) The fee to accompany an application, other than an application to renew a permit under paragraph 24(1), is £200 except that where—
(a)
(a) the application is made in accordance with paragraph 10 (which applies where the applicant for a permit is the holder of a club premises certificate under section 72 of the Licensing Act 20039), or
(b)
(b) the application is made by an existing Part 2 operator or an existing Part 3 operator,
the fee is £100.
(2) The fee to accompany an application to renew a permit under paragraph 24(1) is—
(a)
(a) subject to sub-paragraph (b), £200, or
(b)
(b) where the application is made in accordance with paragraph 10, £100.
Objections
9. An objection under paragraph 4 to an application must be made—
(a) within a period of 28 days beginning on the date on which the application was made to the licensing authority10;
(b) by sending to the licensing authority to whom the application is made, two copies of a written statement setting out the reasons for the objection.
Form of Permit
10. A club gaming permit must be in the form prescribed in Schedule 2.
A club machine permit must in the form prescribed in Schedule 3.
11. A club machine permit must in the form prescribed in...
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