Gambling Act 2005

80 Requirement for personal licence E+W+S

(1) The Commission shall use its powers under sections 75 and 77 to ensure that in respect of each operating licence at least one person—

(a) occupies a specified management office in or in respect of the licensee or in connection with the licensed activities, and

(b) holds a personal licence authorising the performance of the functions of the office.

(2) A condition under either of those sections may impose requirements which relate to a management office and are in addition to any required by subsection (1).

(3) A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified management office is held in or in respect of the licensee or in connection with a licensed activity (whether or not in pursuance of another condition)—

(a) it must be held by an individual who holds a personal licence authorising the performance of the functions of the office, and

(b) anything done in the performance of the functions of the office must be done in accordance with the terms and conditions of the personal licence.

(4) A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified operational function is performed in connection with a licensed activity it must be performed—

(a) by an individual who holds a personal licence authorising performance of the function, and

(b) in accordance with the terms and conditions of the personal licence.

(5) In this section “management office” in relation to a licensee means—

(a) if the licensee is a company, the office of director,

(b) if the licensee is a partnership (including a limited liability partnership), the office of partner,

(c) if the licensee is an unincorporated association, any office in the association, and

(d) in any case, any position the occupier of which is required, by the terms of his appointment, to take or share responsibility for—

(i) the conduct of a person who performs an operational function in connection with a licensed activity, or

(ii) facilitating or ensuring compliance with terms or conditions of the operating licence.

(6) In this section “operational function” means—

(a) any function which enables the person exercising it to influence the outcome of gambling,

(b) receiving or paying money in connection with gambling, and

(c) manufacturing, supplying, installing, maintaining or repairing a gaming machine.

(7) Provision by virtue of subsection (1) may be general or may relate only to specified—

(a) kinds of operating licence,

(b) cases, or

(c) circumstances.

(8) The Secretary of State may by order amend the definition of “management office” or “operational function” for the purposes of this section.

(9) In relation to a bingo operating licence issued to a members' club, a commercial club or a miners' welfare institute—

(a) subsection (1) shall not apply, and

(b) a condition attached by virtue of section 75, 77 or 78 may not—

(i) require that a person hold a personal licence, or

(ii) operate by reference to whether a person holds a personal licence.

Modifications etc. (not altering text)

C1 Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 72

C2 Pt. 5 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 para. 50

C3 S. 80 excluded (1.1.2007) by Gambling (Personal Licences) (Modification of Part 5 of the Gambling Act 2005) Regulations 2006 (S.I. 2006/3267), regs. 1(1), 2(1), Sch. Table 1

Commencement Information

I1 S. 80 in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

I2 S. 80 in force at 1.1.2007 in so far as not already in force by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2006/3361, art. 2(2))