The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/303
Year2017

2017 No. 303

Betting, Gaming And Lotteries

The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2017

Made 7th March 2017

Laid before Parliament 9th March 2017

Coming into force 6th April 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 69(2)(g) and (5), 100(2) and (3), 103(2), 104(3) and (4), 107(2)(a), 250(3)(e) and (8) and 355(1) of the Gambling Act 20051.

1 Introductory

PART 1

Introductory

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2017.

(2) These Regulations come into force on 6th April 2017.

S-2 General interpretation

General interpretation

2.—(1) In these Regulations—

the Act” means the Gambling Act 2005;

“ancillary remote operating licence” has the meaning given in regulation 16;

“annual fee”, in relation to a licence, means the fee prescribed under section 100(1)(b) for that licence;

“application fee”, in relation to an application for a licence, means the fee prescribed under section 69(2)(g) to accompany an application for that licence;

“betting intermediary (trading room only) operating licence” means a betting intermediary operating licence (as defined in section 65(2)(e)) which does not authorise the licensee to act as a betting intermediary except where—

(a) any betting facilitated by a service provided by the licensee under the licence is carried out only—

(i) by persons physically present on the premises from which the licensee is providing the service,

(ii) by means of remote communication, and

(iii) with a person other than the licensee who is the holder of either a remote betting intermediary operating licence or a remote general betting (standard) operating licence; and

(b) the licensee is not a party to any bet made or accepted by the persons referred to in sub-paragraph (a)(i) above;

“bingo (game host) operating licence” means a remote bingo operating licence which—

(a) is not an ancillary remote operating licence,

(b) is held by the holder of a gambling software operating licence, and

(c) authorises the licensee to provide facilities for gambling only in circumstances in which the licensee does not contract directly with any of the participants using those facilities;

“casino (game host) operating licence” means a remote casino operating licence which—

(a) is not an ancillary remote operating licence,

(b) is held by the holder of a gambling software operating licence,

(c) authorises the licensee to provide facilities for gambling only in circumstances in which the licensee does not contract directly with any of the participants using those facilities, and

(d) does not authorise the licensee to provide facilities for peer-to-peer gaming;

“combined non-remote operating licence” has the meaning given in regulation 18(1)(a);

“combined operating licence” has the meaning given in regulation 18;

“combined remote operating licence” has the meaning given in regulation 18(1)(b);

“complementary licence” means, in relation to a licence application, an operating licence which is for (or which includes) all of the kinds of licence to which that application relates;

“converted casino premises licence” has the same meaning as in paragraph 65 of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 20062;

“existing casino operating licence” means a non-remote casino operating licence which authorises the licensee to operate a casino only in premises in respect of which a converted casino premises licence has effect;

“first annual fee”, in relation to a licence, means the fee prescribed under section 100(1)(a) in relation to that licence;

“gaming machine technical (full) operating licence” means a gaming machine technical operating licence which authorises the licensee to carry out all of the activities described in section 65(2)(h);

“gaming machine technical (software) operating licence” means a gaming machine technical operating licence which only authorises the licensee to manufacture, supply, install or adapt software for a gaming machine;

“gaming machine technical (supplier) operating licence” means a gaming machine technical operating licence which only authorises the licensee to supply, install, adapt, maintain or repair a gaming machine, or part of any gaming machine;

“general betting (host) (real events) operating licence” means a general betting (real events) operating licence which—

(a) is not an ancillary remote operating licence,

(b) is held by the holder of a gambling software operating licence, and

(c) authorises the licensee to provide facilities for gambling only in circumstances in which the licensee does not contract directly with any of the participants using those facilities;

“general betting (host) (virtual events) operating licence” means a general betting (virtual events) operating licence which—

(a) is not an ancillary remote operating licence,

(b) is held by the holder of a gambling software operating licence, and

(c) authorises the licensee to provide facilities for gambling only in circumstances in which the licensee does not contract directly with any of the participants using those facilities;

“general betting (limited) operating licence” means—

(a) a non-remote general betting operating licence which is subject to a condition that the licensee may not hold a betting premises licence; or

(b) a remote general betting operating licence which—

(i) is subject to a condition that the licensee may not hold a non-remote betting operating licence,

(ii) only authorises the licensee to provide facilities for betting in circumstances in which—

(aa) each bet made or accepted under the licence occurs by means of a telephone or by email, and

(bb) the arrangements for each bet are provided, operated or administered by an individual, and

(iii) only authorises the licensee to generate an annual gross gambling yield which does not exceed £550,000;

“general betting (real events) operating licence” means a licence which falls within paragraph (b) of the definition of a general betting (standard) operating licence, but which does not authorise the licensee to provide facilities for betting on the outcome of a virtual race, competition or other event or process;

“general betting (remote platform) operating licence” means a licence which—

(a) falls within paragraph (b) of the definition of a general betting (standard) operating licence, and

(b) authorises the licensee to provide facilities for gambling only by means of a service supplied by—

(i) the holder of a remote betting intermediary operating licence, or

(ii) the holder of a remote general betting (standard) operating licence;

“general betting (standard) operating licence” means—

(a) a non-remote general betting operating licence that is not a general betting (limited) operating licence; or

(b) a remote general betting operating licence that is not a general betting (limited) operating licence;

“general betting (virtual events) operating licence” means a licence that falls within paragraph (b) of the definition of a general betting (standard) operating licence and which authorises the licensee to provide facilities for betting only on the outcome of a virtual race, competition or other event or process other than a game of chance3;

“group company” means, for a company, any other company which is either a subsidiary or a holding company (as those terms are defined in section 1159 of the Companies Act 20064) of that company, or any subsidiary of any such holding company;

“lottery operating (external lottery manager) licence” means a lottery operating licence issued to a person proposing to act as an external lottery manager on behalf of a non-commercial society or local authority;

“lottery operating (society) licence” means a lottery operating licence which is not a lottery operating (external lottery manager) licence;

“new casino operating licence” means a non-remote casino operating licence which does not authorise the licensee to operate a casino in premises in respect of which a converted casino premises licence has effect;

“new controller” has the same meaning as in section 102(2);

“remote communication equipment” means electronic or other equipment that—

(a) is used to facilitate remote communication, but

(b) is not a gaming machine;

“single premises gaming” means gaming that—

(a) takes place on one set of premises, and

(b) is not linked with gaming that takes place on another set of premises;

“supplementary gambling software operating licence” means a gambling software operating licence (as defined in section 65(2)(i)) which does not authorise the licensee—

(a) to manufacture, supply, install or adapt gambling software other than software for use in connection with gambling facilities provided by the licensee; or

(b) to incur, for the purpose of carrying out activities authorised by the licence, costs of more than £50,000 during the period of one year commencing on the day after the day on which the licence is granted, or in any subsequent one year period;

“supplementary gaming machine technical operating licence” means a gaming machine technical operating licence (as defined in section 65(2)(h)) which does not—

(a) authorise the licensee to—

(i) manufacture a gaming machine (or part of such a machine), or

(ii) supply, install, adapt, maintain or repair a gaming machine (or part of such a machine) except where the licensee is the only person who makes the machine available for use; or

(b) authorise the licensee to incur, for the purpose of carrying out activities authorised by the licence, costs of more than £50,000 during the period of one year commencing on the day after the day on which the licence is granted, or in any subsequent one year period;

“supplementary operating licence” means a supplementary gambling software operating licence or a...

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