Betting, Gaming and Lotteries Act 1963

Grounds for refusal to grant or renew bookmaker’s or betting agency permit E+W+S

15 E+W+S The appropriate authority shall refuse any application for the grant or renewal of a bookmaker’s permit or betting agency permit if it appears that the applicant—

(a) not being a body corporate, is under twenty-one years of age; or

(b) is the time being disqualified under section 11(4) of this Act; or

(c) not being a body corporate, is not resident in Great Britain or was not so resident throughout the six months immediately preceding the date when the application was made; or

(d) being a body corporate, is not incorporated in Great Britain; or

(e) has within the immediately preceding twelve months been refused the grant or renewal—

(i) of a bookmaker’s permit under paragraph 16(1)(a) [F1 or 18A] of this Schedule; or

(ii) of a betting agency permit under paragraph 17(b) [F1 or 18A] of this Schedule; or

[F2 (ee) has within the immediately preceding twelve months been refused the renewal of a bookmaker’s permit under section 4 of the M1 Horserace Betting Levy Act 1969 and has not obtained the approval of the Levy Board to his application.]

(f) has been the holder of a bookmaker’s permit which has been cancelled within the immediately preceding twelve months under paragraph 27 of this Schedule.

Textual Amendments

F1 Words in Sch. 1 para 15(e) inserted (21.12.1993) by 1993 c. 39, s. 18(2); S.I. 1993/2632, art.3.

F2 Para. 15(ee) added with saving by Horserace Betting Levy Act 1969 (c. 14), s. 4(4)(5)

Marginal Citations

M1 1969 c. 14.

16 (1) In the case of an application for the grant or renewal of a bookmaker’s permit, and subject to paragraph 18 of this Schedule, the appropriate authority may refuse the application if— E+W+S

(a) they are not satisfied that the applicant is, or satisfactory evidence is produced that the applicant is not, a fit and proper person to be the holder of a bookmaker’s permit; or

(b) the authority are satisfied that, if the permit were to be granted or renewed, the business to which it relates would be managed by, or carried on for the benefit of, a person other than the applicant, being a person who would himself be refused the grant or renewal of such a permit either under paragraph 15 of this Schedule or under paragraph (a) of this sub-paragraph.

(2) In considering for the purposes of any application for the renewal of a bookmaker’s permit whether any person is or is not a fit and proper person to be the holder of such a permit, the authority shall have regard to whether or not that person has discharged all his liabilities, if any, [F3 under assessments to] the bookmakers’ levy referred to in section 27 of this Act, and to the circumstances in which any failure to discharge any of those liabilities arose.

Textual Amendments

F3 Words substituted by Horserace Betting Levy Act 1981 (c. 30, SIF 12:1), s. 4(6), Sch. para. 3

Modifications etc. (not altering text)

C1 Para. 16(1) extended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

C2 Para. 16(2) saved by Horserace Betting Levy Act 1969 (c. 14), s. 4(5)

17 E+W+S In the case of an application for the grant or renewal of a betting agency permit, the appropriate authority—

(a) shall refuse the application unless the authority are satisfied that the applicant is for the time being accredited as mentioned in section 9(2)(c) of this Act;

(b) subject to paragraph 18 of this Schedule, may refuse the application if they are not satisfied that the applicant is, or satisfactory evidence is produced that the applicant is not, a fit and proper person to hold a betting office licence.

Modifications etc. (not altering text)

C3 Para. 17(b) extended by Finance Act 1966 (c. 18), Sch. 3 Pt. 1 para. 6

18 E+W+S For the purposes of paragraph 16 or 17 of this Schedule, the appropriate authority shall disregard—

(a) any conviction for an offence under the M2 Betting Act 1853, or under section 393 or 407 of the M3 Burgh Police (Scotland) Act 1892, section 51 of the M4 Burgh Police (Scotland) Act 1903 or any corresponding provision of any local Act;

(b) any conviction for an offence under the M5 Street Betting Act 1906, unless the offence was committed after 1st December 1961; and

(c) any conviction for an offence under section 1(2) of the M6 Betting and Gaming Act 1960 committed before the said 1st December,

and, without prejudice to their power under paragraph 13 of this Schedule to adjourn consideration of the application, shall also disregard—

(i) any proceedings for such an offence as is mentioned in section 11(1) of this Act which have been commenced but not yet determined; and

(ii) any cancellation of a permit under the said section 11(1) or under paragraph 27 of this Schedule which has not yet taken effect.

Marginal Citations

M2 1853 c. 119.

M3 1892 c. 55.

M4 1903 c. 33.

M5 1906 c. 43.

M6 1960 c. 60.

[F4 18A (1) In the case of an application for the renewal of a bookmaker’s permit or a betting agency permit, the appropriate authority shall refuse the application if they are satisfied that the applicant or an employee of his has, since the permit was granted, received or negotiated a bet on the outcome of any lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993. E+W+S

(2) For the purposes of sub-paragraph (1) above, the appropriate authority shall disregard any bet which ought properly to have been raised by way of objection on a previous occasion when the permit was renewed.]

Textual Amendments

F4 Sch. 1 para. 18A inserted (21.12.1993) by 1993 c. 39, s. 18(3); S.I. 1993/2632, art.3 (with art. 4).