Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 No. 929 (S. 65)

PART II S BETTING AND GAMING APPEALS

Interpretation S

3.2.1  In this Part–

• “the 1963 Act” means the Betting Gaming and Lotteries Act 1963 M1 ;

• “the 1968 Act” means the Gaming Act 1968 M2 ; and

• “the 1976 Act” means the Lotteries and Amusements Act 1976 M3 .

Marginal Citations

M1 1963 c.2.

M2 1968 c.65.

M3 1976 c.32.

Appeals under Part I of the 1963 Act S

3.2.2—(1) This rule applies to–

(a) appeals under paragraph 24(1) of Schedule 1 to the 1963 Act against the decision of a licensing board refusing to grant or renew a bookmaker’s permit, betting agency permit or betting office licence;

(b) appeals under paragraph 28(2) of Schedule 1 to the 1963 Act against a decision of a licensing board ordering that a bookmaker’s permit be forfeited or cancelled;

(c) appeals under paragraph 28D of Schedule 1 to the 1963 Act M4 against the decision of a licensing board ordering that a betting office licence be forfeited and cancelled;

(d) appeals under paragraph 7 of Schedule 2 to the 1963 Act against the decision of a registering authority to refuse to register that appellant as a pools promoter, or to revoke his registration as a pools promoter; and

(e) appeals under paragraph 13(3) of Schedule 3 to the 1963 Act against the decision of a licensing authority to revoke a track betting licence.

(2) The appellant shall serve a copy of the initial writ on–

(a) the clerk to the licensing board, registering authority or licensing authority, as the case may be;

(b) all parties who appeared at the hearing before the licensing board, registering authority or licensing authority, as the case may be; and

(c) in the case of an appeal against the forfeiture and cancellation of a bookmaker’s permit or of a betting office licence, the applicant for forfeiture and cancellation.

(3) The clerk to the licensing board, registering authority or licensing authority, as the case may be shall, within 7 days after the date of service on him of a copy of the initial writ, send a written statement setting out the reasons for the decision of the licensing board, registering authority or licensing authority, as the case may be to–

(a) the sheriff clerk; and

(b) each of the persons on whom service of a copy initial writ is required to be made in terms of paragraph (2).

Marginal Citations

M4 Paragraph 28D of Schedule 1 was inserted by S.I. 1997/947.

Appeals by applicants under Part II of the 1968 Act S

3.2.3—(1) This rule applies to–

(a) appeals under paragraph 33(1) of Schedule 2 to the 1968 Act against the decision of a licensing board refusing to grant or renew a licence for gaming to take place on premises or imposing restrictions on such a licence; and

(b) appeals under paragraph 45 of that Schedule against the decision of a licensing board cancelling such a licence.

(2) The appellant shall serve a copy of the initial writ on–

(a) the clerk to the licensing board;

(b) all parties who appeared at the hearing before the licensing board;

(c) the Gaming Board;

(d) the appropriate collector of duty; and

(e) the appropriate officer of police.

(3) The clerk to the licensing board shall within 7 days after the date of service on him of a copy of the initial writ, send a written statement setting out the reasons for the decision of the licensing board to–

(a) the sheriff clerk; and

(b) each of the persons on whom service of a copy initial writ is required to be made in terms of paragraph (2).

Appeals by the Gaming Board under Part II of the 1968 Act S

3.2.4—(1) This rule applies to–

(a) appeals under paragraph 34(1) of Schedule 2 to the 1968 Act against the decision of a licensing board to grant or renew a licence for gaming to take place on premises, with or without imposing restrictions; and

(b) appeals under paragraph 47(1) of that Schedule against the decision of a licensing board refusing to cancel such a licence.

(2) Where a licensing board, after hearing any objections or representations made by or on behalf of the Gaming Board or any other person–

(a) grants or renews a licence for gaming to take place on premises, with or without imposing restrictions; or

(b) refuses an application for the cancellation of such a licence,

the clerk to the licensing board shall forthwith give notice of the decision of the licensing board to the Gaming Board.

(3) The appellant shall serve a copy of the initial writ on–

(a) the clerk to the licensing board;

(b) the applicant;

(c) all parties who appeared at the hearing before the licensing board;

(d) the Gaming Board;

(e) the appropriate collector of duty; and

(f) the appropriate officer of police.

(4) The clerk to the licensing board shall within 7 days after the date of service on him of a copy of the initial writ, send a written statement setting out the reasons for the decision of the licensing board to–

(a) the sheriff clerk; and

(b) each of the persons on whom service of a copy initial writ is required to be made in terms of paragraph (3).

Appeals under Part III of the 1968 Act and Part III of the 1976 Act S

3.2.5—(1) This rule applies to–

(a) appeals under paragraph 15 of Schedule 9 to the 1968 Act against the decision of the appropriate authority refusing to grant or renew a permit for the provision of machines for amusement purposes on premises, or to grant such a permit subject to a condition; and

(b) appeals under paragraph 12 of Schedule 3 to the 1976 Act against the decision of the appropriate authority refusing to grant or renew a permit for the provision of amusements with prizes or to grant or renew such a permit subject to a condition.

(2) The appellant shall serve a copy of the initial writ on–

(a) the clerk to the authority;

(b) the applicant;

(c) all parties who appeared at the hearing before the authority;

(d) the Gaming Board;

(e) the appropriate collector of duty; and

(f) the appropriate officer of police.