Betting, Gaming and Lotteries Act 1963

[Grant or refusal E+W+S

4 (1) Subject to sub-paragraph (2) of this paragraph and paragraph 6(2) of this Schedule, a licensing authority shall grant an application for a scheme licence if they are satisfied— E+W+S

(a) that the applicant is a fit and proper person to operate an inter-track betting scheme;

(b) that the applicant is likely to be capable of, and diligent in, securing that the terms of the scheme to which the application relates are observed;

(c) that the scheme to which the application relates is a qualifying scheme (as defined by paragraph 5 of this Schedule);

(d) that the scheme to which the application relates affords to those making bets under it reasonable protection against—

(i) fraud or unfair practices on the part of any person involved in the scheme or any person making bets under it;

(ii) the failure of any equipment used to effect betting transactions under the scheme or the consequences of the failure of any such equipment; or

(iii) disruption caused by, or fraud perpetrated by means of, any unauthorised access to any such equipment; and

(e) that the scheme to which the application relates makes —

(i) with respect to a person who has, in relation to the scheme, the functions under this Schedule of a scheme accountant, and

(ii) with respect to a person who has, in relation to the scheme, the functions under this Schedule of a scheme technical adviser,

provision which is adequate to enable him to carry out his functions.

(2) A licensing authority may refuse an application for a scheme licence if it appears to them that any information given to them by the applicant in, or in connection with, the application is false in a material particular.

(3) A licensing authority shall refuse to grant an application for a scheme licence if they are not satisfied as mentioned in sub-paragraph (1) of this paragraph.

(4) If a licensing authority refuse to grant an application for a scheme licence, they shall notify the applicant and the appropriate chief officer of police in writing of the refusal and of the reason for it.

5 E+W+S For the purposes of paragraph 4(1)(c) of this Schedule, an inter-track betting scheme is a qualifying scheme if it—

(a) specifies the name and address of the person who is to operate the scheme;

(b) sets out the responsibilities of operators of totalisators on participating tracks in connection with the operation of the scheme;

(c) sets out, in relation to races to which the scheme applies, the arrangements governing the pooling of bets, transfer of money between participating tracks, the payment of winnings and the carrying over of bets where there are no winning bets;

(d sets out the arrangements governing the provision of information about the operation of the scheme to persons attending participating tracks;

(e) sets out the arrangements for ensuring that equipment used for the purposes of the scheme functions properly when betting under the scheme takes place;

(f) contains arrangements governing the admission of tracks to the scheme as participating tracks, the supervision of participating tracks and the circumstances in which a track is to cease to be a participating track;

(g) makes provision for a person who has, in relation to the scheme, the functions under this Schedule of a scheme accountant or scheme technical adviser to be supplied with information which he needs to carry out his functions; and

(h) makes provision for such a person as is mentioned in paragraph (g) of this sub-paragraph to have for the purpose of carrying out his functions (whether in person or by an employee authorised in that behalf in writing)—

(i) a right of access to the books and papers of the person operating the scheme and of persons operating totalisators on participating tracks; and

(ii) a right to examine, and test and watch the operation of, totalisators on participating tracks and any equipment used for or in connection with the operation of the scheme.

6 (1) In relation to a renewal application, paragraph 4 of this Schedule shall have effect as if paragraph (c) of sub-paragraph (1) were omitted. E+W+S

(2) A licensing authority may also refuse a renewal application if it appears to them that the power of revocation under paragraph 11(2) of this Schedule is exercisable in relation to the existing licence.]