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

Units of division E+W+S

3.—(1) This regulation defines the units by reference to which licences are to be assigned to categories for the purpose of prescribing certain fees (see regulations 6 and 11).

(2) The units are—

(a) in relation to an operating licence (other than an operating licence of a kind specified in paragraph (b), (c), (d) or (e) below)—

(i) the annual gross gambling yield as calculated in accordance with the following formula—

where—

• A is the total of any amounts that will be paid to the licensee by way of stakes in the relevant period in connection with the activities authorised by the licence,

• B is the total of any amounts (exclusive of value added tax) that will otherwise accrue to the licensee in the relevant period directly in connection with the activities authorised by the licence, and

• C is the total of any amounts that will be deducted by the licensee for the provision of prizes or winnings in the relevant period in connection with the activities authorised by the licence; or

  (ii)

  the value of gross annual sales, which is the total amount in money or money’s worth that will accrue to the licensee from sales of goods and services authorised by the licence in the relevant period;

(b)

in relation to a non-remote existing casino operating licence, the annual gross gaming yield, which is the aggregate of the gross gaming yield within the meaning of section 11(8) of the Finance Act 1997(1) and gaming machine revenue to be generated in the relevant period from the premises on which gaming authorised by the licence takes place;

(c)

in relation to a lottery operating licence, the annual proceeds, which is the aggregate of the proceeds of lotteries authorised by the licence to be promoted wholly or partly in the relevant period;

(d)

in relation to a non-remote general betting (limited) operating licence (other than one falling within sub-paragraph (e)), the total number of working days in the relevant period on which the licence will authorise the licensee to undertake activities authorised by it;

(e)

in relation to a non-remote general betting (limited) operating licence under the authority of which the licensee provides, from a dog track, facilities for betting on the outcome of greyhound races taking place at that track (“relevant betting facilities”), the number of working days as calculated in accordance with the following formula—

where—

• D is the total number of working days in the relevant period on which the licensee undertakes activities authorised by the licence, and

• E is the total number of working days in the relevant period on which the licensee provides relevant betting facilities in connection with relevant greyhound races but does not undertake any other activity authorised by the licence.

(3) In paragraph (2)—

(a) “relevant period”, in relation to a licence, means the period of 12 months beginning—

(i) where that paragraph is applied for the purpose of determining the amount of an application fee, on the day on which the licence would, if issued, take effect;

(ii) where that paragraph is applied for the purpose of determining the amount of a first annual fee, on the effective date;

(iii) where that paragraph is applied for the purpose of determining the amount of an annual fee, on the anniversary of the effective date that occurs on, or is the next to occur after, the date on which the fee becomes payable;

(b) a reference to anything authorised by or that will happen as a result of a licence includes, for the purpose of determining an application fee for that licence, anything included in the application as something to be authorised by the licence;

(c) a reference to an amount that will be paid to or otherwise accrue to the licensee excludes any amount which the licensee credits as having been paid, but in respect of which the licensee does not receive full payment in money or money’s worth;

(d) a reference to an amount that will be deducted by the licensee for the provision of prizes or winnings only includes the value of any prizes or winnings in the nature of a right to participate in future gambling without paying a further stake or participation fee to the extent that the recipient can choose instead to receive cash equal to that value;

(e) in sub-paragraph (b), “gaming machine revenue” means the total amounts paid by persons to use gaming machines less the value in money or money’s worth of the prizes won as a result of such use; and

(f) in sub-paragraph (e), a reference to “relevant greyhound races” means greyhound races that—

(i) take place between the hours of 8:00am and 7:00pm, and

(ii) are shown live on television at premises at which facilities for betting are provided by the holder of a general betting (standard) operating licence.

(4) In paragraph (3)(a), “effective date”, for a licence for which an annual fee or first annual fee is prescribed, means the day on which the licence took effect.

Commencement Information

I1 Reg. 3 in force at 6.4.2017, see reg. 1(2)

(1)

1997 c. 16.