2007 No. 311
The Gambling Act 2005 (Fees No. 2) (Scotland) Regulations 2007
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 282(2)(b) and (5)(b) and 355(1) of, and paragraphs 2(e), 15(2)(a), 16(2), 24(3) and 30 of Schedule 12 to, the Gambling Act 20051 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Gambling Act 2005 (Fees No. 2) (Scotland) Regulations 2007 and come into force on 1st August 2007.
Interpretation2
In these Regulations–
“the Act” means the Gambling Act 2005;
“the 1968 Act” means the Gaming Act 19682;
“the 1976 Act” means the Licensing (Scotland) Act 19763;
“existing Part 2 operator” means a person who is registered under Part 2 of the 1968 Act (a “Part 2 registration”) and whose application under paragraph 1 of Schedule 12 to the Act–
- a
relates to the same or substantially the same premises as those to which the Part 2 registration relates; and
- b
is made before the date which is “the relevant date” in terms of paragraph 80(3) to (5) of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 20064;
- a
“existing Part 3 operator” means a person who is registered under Part 3 of the 1968 Act (a “Part 3 registration”) and whose application under paragraph 1 of Schedule 12 to the Act–
- a
relates to the same or substantially the same premises as those to which the Part 3 registration relates; and
- b
is made before the date which is “the relevant date” in terms of paragraph 88(3) to (5) of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006;
- a
“Licensing Board” means a Board continued in existence by or established under section 5 of the Licensing (Scotland) Act 20055;
“relevant alcohol licence” means any licence granted under section 9(1) of the 1976 Act provided it is not an off sale licence.
Application of regulations 4 to 73
Regulations 4 to 7 prescribe fees in respect of cases where–
a
an application is or has been made to a Licensing Board under Schedule 12 to the Act; and
b
the applicant or holder of the permit in question is not the holder of a certificate of registration under section 105 of the 1976 Act6 or a relevant alcohol licence.
Fee for application for permit4
The fee to accompany an application under paragraph 1 of Schedule 12 to the Act is–
a
£100 where the application is made by an existing Part 2 or Part 3 operator;
b
£200 in any other case.
Fee for application to vary permit5
The fee to accompany an application to vary a permit under paragraph 15(1) of Schedule 12 to the Act is £100.
Fee for application for copy of permit6
The fee to accompany an application for a copy of a permit under paragraph 16(1) of Schedule 12 to the Act is £15.
Fee for application for renewal of permit7
The fee to accompany an application for renewal of a permit under paragraph 24(1) of Schedule 12 to the Act is £200.
Fee under section 282(2)(b) of the Act8
The fee prescribed for the purposes of section 282(2)(b) of the Act is £50 in the case of premises in respect of which a relevant alcohol licence has effect.
(This note is not part of the Regulations)