SCHEDULES
SCHEDULE 1 Bookmaker’s Permits, Betting Agency Permits and Betting Office Licences C6
Introductory
1
The authority responsible for the grant or renewal of bookmaker’s permits, betting agency permits and betting office licences shall be—
a
in any petty sessions area in England, a committee constituted in the prescribed manner of not less than five nor more than fifteen of the justices acting for that area, who may sit in two or more divisions, the quorum at any meeting of that committee or a division thereof being three;
C142
In this Schedule, the following expressions have the following meanings respectively, that is to say—
“appropriate authority” means such a committee or F118courtF118board as are mentioned in paragraph 1 of this Schedule and, in relation to a bookmaker’s permit or betting agency permit or in relation to an application for the grant F119, renewal or cancellation of a betting office licence, means, subject to paragraph 10 of this Schedule, the committee or F118courtF118board such as aforesaid for the petty sessions area or licensing area in which the relevant premises are, or are to be, situated;
“appropriate local authority” means—
- a
in England, the local authority (being the council of a . . . F120F121London borough or county district or the Common Council of the City of London) within whose area the relevant premises are, or are to be, situated;
- b
F122in Scotland, F123the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area the relevant premises are, or are to be, situated;
- a
“appropriate officer of police” means the chief officer of police for the police area in which the relevant premises are, or are to be, situated;
“clerk to the appropriate authority”, where the authority is a committee of the justices acting for a petty sessions area, means the clerk to those justices or, if there are two or more clerks to those justices—
- a
such one of those clerks as the magistrates’ courts committee having power over the appointment of clerks to justices for that area may direct; or
- b
in default of any such direction, any of those clerks;
- a
“relevant premises” means—
- a
in relation to a bookmaker’s permit or betting agency permit, the premises at which for the time being the applicant for or holder of the permit has his office or, if he has more than one office, his principal office or, if he is a company, his registered office or, if he has no office, his usual place of residence;
- b
in relation to an application for the grant F124, renewal or cancellationof a betting office licence, the premises in respect of which the application is made.
- a
Applications for grant of permit or licence
3
Each appropriate authority shall for each year fix a day in each of the months of—
a
January, April, July and October if the authority is in England; or
b
January, March, June and October if the authority is in Scotland,
as a day on which, subject to paragraph 7 of this Schedule, they will hold a meeting for the purpose of considering any application for the grant of a bookmaker’s permit, betting agency permit or betting office licence then awaiting consideration.
4
In addition to any meeting on a day fixed in pursuance of the last foregoing paragraph, an appropriate authority may hold a meeting on any other day for the purpose of considering such applications as aforesaid.
C155
Any such application as aforesaid may be made at any time and shall be made to the clerk to the appropriate authority in such form and manner, and shall contain such particulars, and, if the application is for a permit, give such references, as may be prescribed; and, not later than seven days after the date when the application is made, the applicant shall send a copy of the application to the appropriate officer of police and, in the case of an application for the grant of a betting office licence, to the appropriate local authority; and if the applicant knowingly makes any false statement in any such application or copy thereof he shall be liable on summary conviction to a fine not exceeding F125level 3 on the standard scale.
6
Not later than fourteen days after the making of any such application as aforesaid to the appropriate authority, the applicant shall cause to be published by means of an advertisement in a newspaper circulating in the authority’s area a notice of the making of the application which shall also state that any person who desires to object to the grant of the permit or licence should send to the clerk to the authority, before such date not earlier than fourteen days after the publication of the advertisement as may be specified in the notice, two copies of a brief statement in writing of the grounds of his objection; and, in the case of an application for the grant of a betting office licence in respect of any premises, the applicant shall also cause a like notice to be posted up outside the entrance, or on the site of the proposed entrance, to the premises not later than fourteen days before the date specified as aforesaid and take such steps as he reasonably can to keep that notice so posted until that date.
C167
Not later than seven days after the publication of the newspaper containing the advertisement of any such application as aforesaid required by the last foregoing paragraph, the applicant shall send a copy of that newspaper to the clerk to the appropriate authority, and the authority shall not consider the application earlier than fourteen days after the date specified in the advertisement; and, not earlier than the said date and not less than seven days before the date appointed for the consideration of the application, the clerk to the authority shall send notice in writing of the date, time and place of the meeting of the authority at which the application will be considered—
a
to the applicant;
b
to the appropriate officer of police; and
c
if the clerk has received from any person an objection in writing which has not been withdrawn and the address of that person is known to the clerk, to that person,
and also cause notice of that meeting to be displayed at the place where the meeting is to be held in a position where the notice may conveniently be read by members of the public; and in sending such a notice to the applicant the clerk shall include therewith a copy of any objection to the grant of the permit or licence which has been received by the clerk from the appropriate officer of police, the appropriate local authority or any other person.
Applications for renewal of permit or licence
8
Each appropriate authority, in each year in which any application for the renewal of a bookmaker’s permit, betting agency permit or betting office licence, other than an application to which paragraph 10(b) of this Schedule applies, falls to be made to the authority shall in the month of February (if the authority are in England) or January (if the authority are in Scotland) give in writing to the holder of that permit or licence,and cause to be published by means of an advertisement in a newspaper circulating in their area, notice of a day in April (if the authority are in England) or March (if the authority are in Scotland) on which they will hold a meeting for the purpose of considering such applications, and that notice shall include the time and place appointed for the meeting and shall state—
a
in the case of the notice given to the holder of any permit or licence, that any such application must be received by the clerk to the authority before a specified date, being a date not earlier than fourteen days after both the giving of the notice in writing and the publication of the advertisement aforesaid;
b
in the case of the notice given by advertisement,
F126i
that any person who desires to object to the renewal by the authority of any particular permit or licence should send to the clerk to the authority before the same date two copies of brief statement in writing of the grounds of his objection. F127, and
ii
where relevant, that there are circumstances in which an application for renewal may be dealt with under paragraph 20A of this Schedule by the clerk to the authority instead of at the meeting.
9
Any application for the renewal of such a permit or licence as aforesaid, other than an application to which paragraph 10(b) of this Schedule applies, shall be made to the clerk to the appropriate authority before the date specified for the purpose in the notice given in pursuance of the last foregoing paragraph, and shall be in such form and contain such particulars as may be prescribed; and, not earlier than that date nor later than seven days before the day in April or, as the case may be, March appointed by the said notice for the consideration of such applications, the clerk to the authority—
a
if he has received from any person an objection in writing to the renewal of a particular permit or licence (being an objection which has not been withdrawn) and the address of that person is known to the clerk, shall send to that person in writing a notification as to whether or not an application for the renewal of that permit or licence has been made;
b
shall send to the person by whom any application for the renewal of a permit or licence has been duly made a copy of any objection to the renewal which he has received from the appropriate officer of police, the appropriate local authority or any other person and which has not been withdrawn.
10
Where in any year, by reason of a change in the office or usual place of residence of the holder of a bookmaker’s permit or betting agency permit, an application for the renewal of that permit falls, or would but for this paragraph fall, to be made to an authority other than the authority by whom the permit was last either granted or renewed, then—
a
unless the change takes place before 1st February or, where the first-mentioned authority are in Scotland, 1st January in that year, any application for the renewal of the permit shall be made to and considered by the authority by whom the permit was last either granted or renewed;
b
if the change takes place before the said 1st February or, as the case may be, 1st January, paragraphs 5 to 7 of this Schedule shall apply to an application to the first-mentioned authority for the renewal of the permit as if it were an application for the grant thereof.
Proceedings before appropriate authority
C1711
On any application for the grant or renewal of a bookmaker’s permit, betting agency permit or betting office licence, the appropriate authority may grant or renew the permit or licence without hearing the applicant if no objection to the grant or renewal has been made by any person or if every such objection has been withdrawn before the beginning of the meeting of the authority at which the authority considers the application; but, save as aforesaid, at any such meeting any of the following persons, that is to say—
a
the applicant;
b
any person from whom an objection in writing which has not been withdrawn was received by the clerk to the authority before the day on which he sent out the documents referred to in paragraph 7 or, as the case may be, paragraph 9 of this Schedule: and
c
the person making any other objection which the authority have decided under paragraph 12 of this Schedule that they will hear,
shall be entitled to be heard either in person or by counsel or a solicitor; and the authority shall also hear any representations made otherwise than by way of objection by, or by any person authorised in that behalf by, the appropriate officer of police.
12
Where in the case of an application for the grant or renewal of any such permit or licence as aforesaid an objection to the grant or renewal is received or made on or after the day referred to in paragraph 11(b) of this Schedule, the authority may refuse to entertain the objection and, unless the applicant requests otherwise, shall not hear it until the objector has given to the clerk and to the applicant, and the applicant has had time to consider, a brief statement in writing of the grounds of his objection.
13
An appropriate authority may from time to time adjourn the consideration of any application for the grant or renewal of such a permit or licence as aforesaid, whether for the purposes of paragraph 12 of this Schedule or for any other purpose.
14
On the consideration of any application for the grant or renewal of any such permit or licence as aforesaid, the appropriate authority may take evidence on oath and may make such order as they think fit for the payment of costs or, in Scotland, expenses by or to the applicant to or by any person who made an objection to the grant or renewal which was not withdrawn before the day referred to in paragraph 11(b) of this Schedule; and any costs ordered by an authority in England to be paid under this paragraph shall be recoverable summarily as a civil debt.
Grounds for refusal to grant or renew bookmaker’s or betting agency permit
15
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) F2or 18A of this Schedule; or
ii
of a betting agency permit under paragraph 17(b) F2or 18A of this Schedule; or
F3ee
has within the immediately preceding twelve months been refused the renewal of a bookmaker’s permit under section 4 of the M2Horserace 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.
16
C11
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—
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.
C22
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, F4under 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.
17
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;
C3b
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.
18
For the purposes of paragraph 16 or 17 of this Schedule, the appropriate authority shall disregard—
a
b
any conviction for an offence under the M6Street 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 M7Betting 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.
F518A
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.
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.
Grounds for refusal to grant or renew betting office licence
19
In the case of an application for the grant or renewal of a betting office licence in repect of any premises, the appropriate authority—
a
shall refuse the application if they are not satisfied—
i
in the case of an applicant other than the Totalisator Board, that on the date with effect from which the licence would come into force, or, as the case may be, would be continued in force, the applicant will be the holder either of a bookmaker’s permit or of a betting agency permit; and
ii
that the premises are or will be enclosed; and
iii
that there are or will be means of access between the premises and a street otherwise than through other premises used for the effecting with persons resorting to those other premises of transactions other than betting transactions;
b
may refuse the application on the ground—
i
that, having regard to the lay-out, character, condition or location of the premises, they are not suitable for use as a licensed betting office; or
C4ii
that the grant F6or renewalF6(if the application is for that, and the applicant is not the Totalisator Board nor applying for the grant of a licence by way of transfer of one that is in force for the same premises at the time of the application) would be inexpedient having regard to the demand for the time being in the locality for the facilities afforded by licensed betting offices and to the number of such offices for the time being available to meet that demand; or
iii
that the premises have not been properly conducted under the licence.
Grant or renewal of permit or licence
20
C181
Save as provided by paragraphs 15 to 19 of this Schedule, the appropriate authority shall not refuse any application for the grant or renewal of a bookmaker’s permit, betting agency permit or betting office licence made, so far as lies within the control of the applicant, in accordance with the provisions of this Act, but shall grant or renew the permit or licence on payment by the applicant to the clerk to the authority of a fee of—
F128a
in the case of the grant of a bookmaker’s permit, £160;
b
in the case of the grant of a betting agency permit, £160;
c
in the case of the grant of a betting office licence, £125;
d
in the case of the renewal of a bookmaker’s permit or betting agency permit, £20;
e
in the case of the renewal of a betting office licence, £25;
and if the authority refuse any such application they shall state the grounds of their refusal.
F129C191A
The Secretary of State may by order made by statutory instrument amend sub-paragraph (1) above so as to vary any fee for the time being specified in that sub-paragraph; and a statutory instrument containing an order under this sub-paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
20AF131Unopposed applications for renewal
1
Where—
a
an application for the renewal of a bookmaker’s permit, betting agency permit or betting office licence (other than an application to which paragraph 10(b) of this Schedule applies) has been made in accordance with paragraph 9 of this Schedule, and
b
immediately before the meeting of the appropriate authority at which the application would, apart from this paragraph, fall to be considered—
i
the clerk to the authority has not received any objection to the renewal of the permit or licence, or
ii
every such objection received by him has been withdrawn,
the clerk may act for the authority in relation to the determination of the application.
2
Sub-paragraph (1) of this paragraph shall not have effect to enable the clerk to the appropriate authority to act for the authority in—
a
refusing the application, or
b
granting the application in circumstances where there is a discretion to refuse it.
3
The clerk to the appropriate authority may not act under sub-paragraph (1) of this paragraph in any case where to do so would be contrary to the authority’s directions.
4
The functions of the clerk to the appropriate authority under sub-paragraph (1) of this paragraph shall also be exercisable by such other officer of the appropriate authority as the clerk may designate for the purposes of this paragraph.
Appeals against refusals in England
21
1
Where an appropriate authority in England refuse an application for the grant or renewal of a bookmaker’s permit, betting agency permit or betting office licence, they shall forthwith notify the applicant of the refusal, and within F132twenty-one days of being so notified the applicant may by notice to the clerk to the authority appeal against the refusal to F133the Crown Court.
2
As soon as practicable after receiving notice of appeal against the refusal, the clerk to the authority shall send the notice to F134the appropriate officer of the Crown Court together with a statement of the decision from which the appeal is brought and of the name and last known residence or place of business of the appellant and of any person who opposed the application before the authority.
C203
On receipt of the notice of appeal, F134the appropriate officer of the Crown Court shall enter the appeal and give in writing not less than seven days notice to the appellant, to the appropriate officer of police and to any person who opposed the application before the authority and, if the appeal relates to a betting office licence, to the authority, of the date, time and place appointed for the hearing of the appeal.
4
F133The Crown Court may by its order either—
a
confirm the refusal; or
b
on payment by the appellant to F134the appropriate officer of the Crown Court for transmission to the clerk to the appropriate authority of the appropriate fee under paragraph 20 of this Schedule, grant or renew the permit or licence in the same way as the appropriate authority could have done;
and the judgment of F133the Crown Courton the appeal shall be final.
C215
A justice shall not act in the hearing or determination of an appealunder this paragraph from any decision in which he took part.
6
For the purposes of paragraphs 10, 33 and 34 of this Schedule, the grant or renewal of a permit or licence by F133the Crown Court under this paragraph shall be treated as if it were a grant or renewal by the appropriate authority who refused it.
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
23
1
Where, in the case of an appeal under paragraph 21 of this Schedule with respect to a betting office licence, F8the Crown Court—
a
has allowed the appeal; or
b
has awarded the appropriate authority any costs under paragraph 22 of this Schedule and is satisfied that the appropriate authority cannot recover those costs,
the court shall order payment out of F9central funds of such sums as appear to the court sufficient to indemnify the appropriate authority from all costs and charges whatever to which they have been put in consequence of the appellant’s having served notice of appeal.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Appeals against refusals in Scotland
C524
1
Where an appropriate authority in Scotland refuse any application for the grant or renewal of a bookmaker’s permit, betting agency permit or betting office licence, the authority shall forthwith notify the applicant of the refusal and he may appeal, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the authority’s area.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
3
For the purposes of paragraphs 10, 33 and 34 of this Schedule, the grant or renewal of a permit or licence by the sheriff under this paragraph shall be treated as if it were a grant or renewal by the appropriate authority who refused it.
Notification of change in directors during currency of bookmaker’s permit
C2225
If, where the holder of a bookmaker’s permit is a body corporate, any change occurs in the persons who are directors thereof or in accordance with whose directions or instructions the directors thereof are accustomed to act, the holder of the permit shall as soon as reasonably practicable after the occurrence of the change give particulars thereof in writing to the clerk to the appropriate authority and to the appropriate officer of police; and if the holder of the permit fails to comply with this paragraph he shall be liable on summary conviction to a fine not exceeding F135level 1 on the standard scale.
25AF12Notification of change of relevant premises during currency of permit
If during the currency of a bookmaker’s permit there is any change in the address of the relevant premises, the holder of the permit shall as soon as reasonably practicable after the change occurs give notice in writing of the change of address to the Levy Board; and if the holder of the permit fails to comply with this paragraph he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Cancellation of bookmaker’s permit by appropriate authority
26
If in the case of any bookmaker’s permit an application is made at any time to the clerk to the appropriate authority by any person in the prescribed form and manner requesting that the permit be forfeited and cancelled and accompanied by two copies of a statement of the grounds on which the application is made, the clerk to the authority shall submit the application to any one member of the authority who, after considering the statement accompanying the application—
a
if he is of opinion—
i
that further consideration of the matters referred to in that statement is unnecessary or inexpedient before the renewal of the permit falls to be considered; or
ii
that the authority would be required by virtue of paragraph 27(3) of this Schedule to refuse the application,
shall cause notice in writing to be given to the applicant that the application is refused without prejudice to the raising of the same matters by way of objection in accordance with the provisions of this Schedule to a renewal of the permit;
b
unless he is of such opinion as aforesaid shall refer the application to the appropriate authority.
C23C2427
1
Where an application for the cancellation of a permit is referred to the appropriate authority under the last foregoing paragraph, the clerk to the authority shall, unless the application has been withdrawn, give to the applicant, to the holder of the permit and to the appropriate officer of police not less than twenty-one days notice in writing of the date, time and place appointed for the consideration of the application by the authority, and shall send to the holder of the permit together with that notice a copy of the applicant’s statement of the grounds on which the application is made.
2
Subject to the next following sub-paragraph, at any meeting of the appropriate authority to consider the application, the applicant and the holder of the permit shall be entitled to be heard either in person or by counsel or a solicitor; and where the applicant is a person other than the appropriate officer of police, the authority shall also hear any representations made by, or by any person authorised in that behalf by, that officer; and paragraphs 13 and 14 of this Schedule shall apply in relation to the application as they apply in relation to the application as they apply in relation to an application for the renewal of a permit, subject to the following modifications of the said paragraph 14, that is to say—
a
as if the reference therein to the applicant for renewal were a reference to the holder of the permit; and
b
as if the reference therein to any person who made an objection as mentioned in that paragraph were a reference to the person by whom the application under paragraph 26 of this Schedule was made.
3
The appropriate authority shall refuse the application if they are satisfied that it is made on grounds which—
a
have been or ought properly to have been raised previously by way of objection either when the permit was granted or on an occasion when it has been renewed; or
b
are or have been the subject matter of proceedings for such an offence as is mentioned in section 11(1) of this Act.
4
The appropriate authority shall not cancel the permit unless—
a
satisfactory evidence is produced that the holder is no longer a fit and proper person to hold such a permit; or
b
the authority are satisfied that the business to which it relates is being managed by, or carried on for the benefit of, a person other than the holder, being a person who would himself be refused the grant of such a permit either under paragraph 15 or under paragraph 16(1)(a) of this Schedule F136; or
c
F136the authority are satisfied that the holder of the permit 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.:
Provided that for the purposes of this sub-paragraph the authority shall disregard any conviction such as is mentioned in paragraph 18 of this Schedule.
5
If the appropriate authority decide not to cancel the permit, they shall cause notice in writing to be given to the applicant that the application is refused without prejudice to the raising of the same matters by way of objection in accordance with the provisions of this Schedule to a renewal of the permit.
6
If the appropriate authority decide to forfeit and cancel the permit, the forfeiture and cancellation shall not take effect—
a
until the expiration of the time within which notice of an appeal under the next following paragraph may be given; or
b
if such notice is duly given, until the determination or abandonment of the appeal.
28
1
Where the appropriate authority decide to forfeit and cancel a bookmaker’s permit on an application under paragraph 26 of this Schedule, the holder of the permit may appeal against that decision to F13the Crown Court (or in Scotland the sheriff), whose decision on the appeal shall be final.
2
Paragraphs 21 (except sub-paragraphs (4) and (6) thereof), and . . . F14, paragraph 24(1) of this Schedule shall apply for the purposes of an appeal under this paragraph against the forfeiture and cancellation of a bookmaker’s permit as they apply for the purposes of an appeal against the refusal of an application for the renewal of such a permit subject to the following modifications, that is to say—
a
as if any reference therein to the applicant for renewal were a reference to the holder of the permit; and
b
as if any reference therein to a person who opposed the application before the appropriate authority were a reference to the person by whom the application under paragraph 26 of this Schedule was made;
and, in the case of an appeal to the sheriff under this paragraph, the sheriff may make such order as to the expenses of the appeal as he thinks proper.
28AF137Cancellation of betting office licence by appropriate authority
1
This paragraph applies where—
a
a person makes an application to the clerk to the appropriate authority requesting that a betting office licence be forfeited and cancelled, and
b
the application is—
i
made in the prescribed form and manner, and
ii
accompanied by two copies of a statement of the grounds on which the application is made.
2
The clerk to the authority shall submit the application to any one member of the authority who shall consider whether it is necessary or expedient for the matters referred to in the statement to be given further consideration before the renewal of the licence falls to be considered.
3
If the conclusion under sub-paragraph (2) of this paragraph is that further consideration of those matters before then is not necessary or expedient, the member shall cause the applicant to be given notice in writing that the application is refused without prejudice to the raising of the same matters by way of objection in accordance with the provisions of this Schedule to a renewal of the licence.
4
If the conclusion under sub-paragraph (2) of this paragraph is that further consideration of those matters before then is necessary or expedient, the member shall refer the application to the appropriate authority.
F13828B
1
This paragraph applies where under paragraph 28A of this Schedule an application for the cancellation of a betting office licence is referred to the appropriate authority.
2
Unless the application is withdrawn, the clerk to the authority shall give not less than twenty-one days’ notice in writing of the date, time and place appointed for the consideration of the application by the authority to—
a
the applicant,
b
the holder of the licence,
c
the appropriate officer of police, and
d
the Collector of Customs and Excise for the area in which the relevant premises are situated.
3
The clerk to the authority shall send with the notice under sub-paragraph (2)(b) of this paragraph a copy of the applicant’s statement of the grounds on which the application is made.
4
At any meeting of the authority to consider the application—
a
the applicant and the holder of the licence shall be entitled to be heard either in person or by counsel or a solicitor,
b
where the applicant is not the appropriate officer of police, the authority shall also hear any representation made by him, or a person authorised by him, and
c
where the application is not the Commissioners of Customs and Excise, the authority shall also hear any representation made by them, or a person authorised by them.
5
The authority shall forfeit and cancel the licence if they are not satisfied—
a
that the relevant premises are enclosed, and
b
that there are means of access between the relevant premises and a street otherwise than through other premises used for the effecting with persons resorting to those other premises of transactions other than betting transactions,
but, apart from that, may only do so on the ground that the relevant premises fall within sub-paragraph (6) of this paragraph.
6
The relevant premises fall within this sub-paragraph if—
a
having regard to their layout, character or condition, they are not suitable for use as a licensed betting office,
b
they have not been properly conducted under the licence, or
c
they have not been used as a licensed betting office in the period of twelve months ending with the date on which the application is made and the licence has been in force for at least twelve months.
7
The authority may from time to time adjourn consideration of the application.
8
On consideration of the application, the authority make take evidence on oath and may make such order as they think fit for the payment of costs or, in Scotland, expenses—
a
by the applicant to the holder of the licence, or
b
by the holder of the licence to the applicant.
9
If the authority decide not to cancel the licence, they shall cause notice in writing to be given to the applicant that the application is refused without prejudice to the raising of the same matters by way of objection in accordance with the provisions of this Schedule to a renewal of the licence.
10
If the authority decide to forfeit and cancel the licence, the forfeiture and cancellation shall not take effect—
a
until the end of the time within which notice of an appeal under paragraph 28C or, as the case may be, 28D of this Schedule may be given, or
b
if such notice is duly given, until the determination or abandonment of the appeal.
11
Where an order for the payment of costs is made under sub-paragraph (8) of this paragraph by an authority in England and Wales, the costs shall be recoverable summarily as a civil debt.
F13928C
1
Where on an application under paragraph 28A of this Schedule an appropriate authority in England and Wales decide to forfeit and cancel a betting office licence, they shall forthwith notify the holder of the licence of the decision, and within twenty-one days of being no notified, he may by notice to the clerk to the authority appeal against the refusal to the Crown Court.
2
As soon as practicable after receiving notice of appeal under sub-paragraph (1) of this paragraph, the clerk to the authority shall send the notice to the appropriate officer of the Crown Court together with a statement of—
a
the decision from which the appeal is brought,
b
the name and last known residence or place of business of the appellant, and
c
the name and last known residence or place of business of the person whose application under paragraph 28A of this Schedule led to the decision appealed against.
3
On receipt of notice of appeal under sub-paragraph (2) of this paragraph, the appropriate officer of the Crown Court shall enter the appeal and give not less than seven days notice in writing of the date, time and place appointed for the hearing of the appeal to—
a
the appellant,
b
the person mentioned in sub-paragraph (2)(c) of this paragraph,
c
the authority whose decision is appealed against, and
d
the appropriate officer of police.
4
The decision of the Crown Court on an appeal under this paragraph shall be final.
F1528D
1
Where on an application under paragraph 28A of this Schedule an appropriate authority in Scotland decide to forfeit and cancel a betting office licence, they shall forthwith notify the holder of the licence of the decision and he may appeal, within such time and in accordance with such rules as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the authority’s area.
2
The decision of the sheriff on an appeal under this paragraph shall be final.
Duration of permit or licence
29
F161
A bookmaker’s permit, betting agency permit or betting office licence shall be in the prescribed form and shall show the date with effect from which it is to be, or, as the case may be, to be continued, in force and, subject to paragraphs 30 to 33 of this Schedule, shall, unless renewed or, as the case may be, further renewed, cease to be in force at the end of F17the licensing period in which that date falls or, if that date falls in the last five months of that period, at the end of the next licensing period and shall not be transferable.
F182
In this paragraph “licensing period” means the period of three years beginning with 1st June 1997 and each successive period of three years.
30
Where application for the renewal of such a permit or licence as aforesaid has been made, so far as lies within the control of the applicant, in accordance with the provisions of this Act, the permit or licence shall not cease to be in force by virtue of paragraph 29 of this Schedule before the appropriate authority make their determination on the application.
31
Where the appropriate authority refuse to renew any such permit or licence as aforesaid, the permit or licence shall not cease to be in force by virtue of paragraph 29 of this Schedule before the expiration of the time within which notice of an appeal under paragraph 21 or, as the case may be, paragraph 24 of this Schedule may be given nor, if such notice is duly given, before the determination or abandonment of the appeal
32
A betting office licence held by the holder of a bookmaker’s permit or betting agency permit shall cease to be in force upon that permit ceasing to be in force, whether by virtue of paragraph 29 of this Schedule or by virtue of its cancellation under section 11(1) of this Act or under paragraph 27 of this Schedule.
33
In the event of the death of the holder of such a permit or licence as aforesaid, then during the period of six months commencing with the death the permit or licence shall not cease to be in force by virtue of paragraph 29 of this Schedule and, except for the purposes of a renewal of that permit or licence, his legal personal representatives shall be deemed to be the holder thereof; and the authority by whom the permit or licence was last either granted or renewed may from time to time, on the application of those representatives, extend or further extend the said period of six months if the authority are satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable.
Registers of permits and licences
C2534
The clerk to each appropriate authority shall keep registers in the prescribed form and containing the prescribed particulars of all bookmaker’s permits, betting agency permits and betting office licences granted or renewed by that authority, and any such register shall be open during reasonable hours for inspection by any constable or, on payment of the prescribed fee, by any other person.
Service of documents
35
Any provision of this Schedule requiring any notice or other document to be given or sent to any person F19. . . shall be deemed to be satisfied if the document is either served personally on that person or sent to him by post at his usual or last-known residence or place of business in the United Kingdom, or, in the case of a company, at the company’s registered office.
Provision of information
36
The clerk to each appropriate authority shall send to the Levy Board such particulars of any bookmaker’s permit granted or renewed by, or by the court who determined any appeal from, that authority as the Secretary of State may by regulations made by statutory instrument direct.
37
F1401
The clerk to any appropriate authority shall furnish the Secretary of State with such statistical information at such times as the Secretary of State may from time to time require with respect to the performance by the authority of their functions under this Schedule; and the Secretary of State shall in respect of each F141relevant period lay before each House of Parliament a report containing, in such form as may appear to him convenient, statistical information with respect to the grant, renewal, cancellation and expiry without renewal of bookmakers’ permits, betting agency permits and betting office licences respectively in England or, as the case may be, Scotland during that period.
F1422
In this paragraph “relevant period” means the period of three years beginning with 1st June 1997 and each successive period of three years.
C9SCHEDULE 2 Registered Pool Promoters
Sch. 2: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B(6)
Registering authorities
1
1
Subject to the provisions of this paragraph, each of the following councils shall be the registering authority for their area for the purposes of this Schedule, that is to say—
a
in England, the council of any F20district or London borough and the Common Council of the City of London;
b
in Scotland, F21a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994..
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
3
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
Interpretation
4
1
In relation to any person who carried on or proposes to carry on a pool betting business, any reference in this Schedule to the registering authority shall be construed as a reference to the council or committee who, under paragraph 1 of this Schedule, are the registering authority for the area in which the place, or the principal place, at which that person carries on or proposes to carry on that business is situated.
2
In this Schedule, the expression “the accountant” in relation to a registered pool promoter means the person appointed in the case of that promoter under paragraph 12 of this Schedule.
3
References in this Schedule to stakes in, or in respect of entries in, any competition do not include references to stakes in respect of rejected entries.
4
Any reference in this Schedule to the day on which the events on which a competition depends take place shall, where the events do not take place wholly on the same day, be construed as a reference to the last day on which any of those events takes place.
Registration of pool promoters
5
1
If any person makes an application to the registering authority for registration under this Schedule, the registering authority shall, on payment of the appropriate registration fee fixed under paragraph 11 of this Schedule, register him accordingly in a register to be kept by them for the purposes of this Schedule and shall notify him in writing that they have done so.
2
Notwithstanding anything in the foregoing sub-paragraph, the registering authority may in the case of any person, after giving him an opportunity of being heard, refuse to register him or revoke his registration if that person or, where that person is a body corporate, any director or manager thereof, has been convicted of any offence under section 4(2) of this Act, under paragraph 29 of this Schedule or under the M8Pool Betting Act 1954, or of any offence involving fraud or dishonesty.
3
If, after a person has been registered under this Schedule, the registering authority, after giving him an opportunity of being heard, are satisfied—
a
that he does not intend to carry on a pool betting business; or
b
that he has permanently ceased to carry on pool betting business; or
c
that the place or principal place at which he carries on his pool betting business will not be, or has ceased to be, in their area,
they shall revoke his registration.
6
Where the registration of any person has been refused or revoked under the last foregoing paragraph by a registering authority in England, that authority shall forthwith notify that person of the refusal or revocation, F29and within twenty-one days of being so notified he may by notice to the appropriate officer of the Crown Court and to the registering authority appeal against the refusal or revocation to the Crown Court.
7
Where the registration of any person has been refused or revoked under paragraph 5 of this Schedule by a registering authority in Scotland, that authority shall forthwith notify that person of the refusal or revocation, and he may appeal, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the area in which the place or principal place at which that person carries on or intends to carry on his pool betting business is situated, and on any such appeal the decision of the sheriff shall be final and may include such order as to the expenses of the appeal as he thinks proper.
8
Where the registering authority revoke a registration under paragraph 5 of this Schedule, then, until the time within which notice of appeal under paragraph 6 or 7 thereof may be given has expired and, if such notice is duly given, until the determination or abandonment of the appeal, the registration shall be deemed to continue in force, and if the court of quarter sessions or, as the case be, the sheriff confirms the decision of the registering authority, the court or the sheriff may, if it or he thinks fit, order that the registration shall continue in force for a further period not exceeding two months from the date of the order.
9
If a registered pool promoter dies, his registration shall, for the period of three months beginning with the date of the death, enure for the benefit of his legal personal representatives.
Fees in respect of registration
10
On 1st January in each year the appropriate continuation fee shall become payable to the registering authority by every person who is for the time being a registered pool promoter, and any such fee which remains unpaid after the date on which it becomes payable may be recovered by the registering authority as a debt.
C711
For the purposes of paragraphs 5 and 10 of this Schedule the appropriate registration fee and the appropriate continuation fee shall be fees of such amounts respectively (not in either case exceeding F30£464) as may be fixed annually by the registering authority for the whole of their area; and different amounts may be so fixed by that authority in respect of businesses of different classes.
Appointment of accountant by registering authority
12
1
The registering authority shall, in the case of each registered pool promoter, appoint a person, being a qualified accountant and not being a person employed by the registered pool promoter in connection with his pool betting business, to exercise and perform, in relation to that registered pool promoter, the powers and duties conferred and imposed by the subsequent provisions of this Schedule on the accountant.
2
The accountant shall hold office on such terms (including terms as to remuneration) as may be determined by the registering authority after consultation with the registered pool promoter.
3
The remuneration of the accountant shall be payable by the registering authority, but any sum paid by them by way of such remuneration shall be recoverable by the registering authority as a debt due to them from the registered pool promoter.
4
In this paragraph “remuneration” includes any sums paid or to be paid to the accountant in respect of his expenses.
Conduct of registered pool promoter’s business
13
Subject to paragraphs 14 to 19 of this Schedule, the pool betting business carried on by any registered pool promoter shall comply with the following requirements—
a
it shall take the form of the promotion of competitions for prizes for making forecasts as to sporting or other events, the bets being entries in the competitions and the winnings in respect of the bets being the prizes or shares in the prizes;
b
each bet shall be an entry in a particular competition;
c
the stakes and the winnings shall be wholly in money;
d
in each competition, the prizes shall be equally available for all the bets, and accordingly the question which bets qualify for, or for shares in, the prize or prizes and, save so far as it depends on the amounts staked, the amounts of the respective shares in the prizes, shall be determined solely by the relative success of the forecasts embodied in the respective bets;
F31e
the total amount payable by way of winnings shall, in the case of each competition, be calculated in accordance with paragraph 13A of this Schedule;
f
the rules applying to the competition shall be notified F32to the Commissioners of Customs and Excise and to the accountant before the first of the relevant sporting or other events takes place.
F3313A
1
In any competition the total amount payable by way of winnings shall be the aggregate of—
a
the total amount of the stakes in respect of entries in the competition, less the relevant percentage of that total amount; and
b
any amount that has been duly carried over to the competition from a previous competition in accordance with any provision made under paragraph 14A of this Schedule;
less any amount that falls to be carried over from the competition in accordance with any such provision.
2
In sub-paragraph (1) of this paragraph “relevant percentage” means such percentage as may be determined by the promoter, being—
a
the same percentage in respect of all his competitions which depend on the same events or on events taking place on the same day; and
b
a percentage which is determined and notified to the accountant before that day.
14
F341
Notwithstanding anything in paragraph 13(d) or (e) F35or 13A of this Schedule, the rules applicable to any competition may provide—
a
that the winnings shall not, in the case of any bet, exceed a stated amount and that any resulting decrease in the total amount payable in the case of the winning bets qualifying for, or for shares in, a prize in the competition shall be applied in increasing the amount payable in the case of the winning bets qualifying for, or for shares in, another prize or other prizes in that competition;
b
that, in specified circumstances, one or more of the prizes shall not be paid and that the amount which would have been payable in the case of the winning bets qualifying for, or for shares in, that prize or those prizes shall be applied in increasing the amount payable in the case of [the winning bets qualifying for, or for shares in, another prize or other prizes in that competition;
c
for the winnings of winning bets (being bets staking the minimum permissible under the rules of the competition) being increased or decreased (with a view to facilitating payment) by not more than F3620 pence, and consequentially for the winnings of other winning bets (being bets staking more than the said minimum) being increased or decreased by not more than a proportionately greater sum than F3620 pence,
and the total amount payable by way of winnings in the case of the competition may exceed or fall short of the amount specified in the said F37paragraph 13A to such extent as is reasonably necessary having regard to any such provision of the rules applicable thereto as is mentioned in F36paragraph (c) of this sub-paragraph.
F342
The Secretary of State may by order made by statutory instrument vary the sum for the time being specified in sub-paragraph (1)(c) of this paragraph; and an instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F3814A
1
Subject to any directions under paragraph 14B of this Schedule, the rules applicable to any competition may provide that if none of the bets in the competition qualifies for, or for a share in, the first prize—
a
the amount of that prize shall be carried over to the next relevant competition, or
b
part of that amount shall be carried over to the next relevant competition and the balance shall be applied as mentioned in paragraph 14(1)(b) of this Schedule.
2
In sub-paragraph (1) of this paragraph—
a
“the first prize” means the highest prize that can be won, having regard to the outcome of the events on which the competition depends (and not any higher prize that could have been won had the outcome of those events been different),
b
“the next relevant competition” means the next competition to be held by the same registered pool promoter under the same rules within the fourteen days following the day on which the result of the competition is determined, and
c
the reference in paragraph (b) to part of the amount referred to in paragraph (a) is to such proportion of that amount as may be specified in the rules or as may be determined by the promoter in accordance with the rules.
F3914B
1
The Secretary of State may direct that any provision made under paragraph 14A of this Schedule—
a
is not to have effect, or
b
is to have effect subject to such limitations as are specified in the direction.
2
The limitations that may be specified under sub-paragraph (1)(b) of this paragraph include—
a
limitations as to the number of competitions from which amounts may be carried over, and
b
limitations as to the period within which any such competitions may be held.
3
Any directions under this paragraph shall be given in writing and may be varied or revoked by subsequent directions.
15
Notwithstanding anything in paragraph 13(d) or (e) F40or 13A of this Schedule, if it is found that a bet which ought to have been treated as a winning bet has been inadvertently overlooked, the promoter may pay to the person making that bet the sum paid by him to other persons making comparable bets, or, if there are no comparable bets, such sum as may be proper, and any sum paid under this paragraph shall be left out of account for the purposes of the said F41paragraph 13A.
16
Nothing in paragraph 13(b) of this Schedule shall be construed as preventing—
a
several bets being made by a person relating to the same competition; or
b
several bets (whether relating to the same competition or to different competitions) being made by a person by means of the same coupon or other entry form; or
c
the use of a formula for the purpose of making several bets and, in particular, the use for that purpose of any form of the device commonly known as a permutation.
17
Nothing in paragraph 13(f) of this Schedule shall be construed as requiring, in the case of a series of competitions proposed to be held under the same rules, that those rules should be re-notified to the accountant on the occasion of each competition, and, if the rules are altered before the series is completed, it shall suffice if the alteration is notified to the accountant before any of the sporting or other events relevant to the first competition to which the alteration applies takes place.
18
Nothing in paragraphs 13 to 17 of this Schedule shall prevent the rules of any competition from providing that the competition may be declared void in specified circumstances.
19
Where two or more competitions of the same registered pool promoter are so conducted that entries in all of them can be effected by a person without completing more than a single coupon or other entry form, the promoter may arrive at the total amount of the stakes in respect of the entries in each competition by—
a
ascertaining the aggregate total amount of the stakes in respect of the entries in all the competitions; and
b
causing the said aggregate total amount to be apportioned among those competitions by reference to the results of an inspection of samples of the completed coupons or forms;
and if the sampling, inspection and apportionment is such (both as to the process adopted and as to the manner of carrying it out) that the amount apportioned to each competition is not likely to differ from the total amount actually staked therein by more than one per cent., the amount so apportioned to any such competition shall for all the purposes of this Schedule be deemed to be the total amount actually staked in that competition.
Information to be given by promoters
20
1
As soon as may be after the events to which any of his competitions relates have taken place, and in any case not later than seven days after the announcement of the results of that competition, every registered pool promoter shall send to the accountant a statement showing—
a
the total amount of the stakes in respect of entries in the competition;
b
the total amount payable by way of winnings in that competition;
F42bb
the amount (if any) carried over to the competition from a previous competition in accordance with any provision made under paragraph 14A of this Schedule;
F42bbb
the amount (if any) carried over from the competition in accordance with any such provision;
c
the total amount of the stakes in respect of winning bets in the competition and, if there are more prizes than one in the competition, the total amount of the stakes in respect of winning bets qualifying for, or for shares in, each of the prizes; and
d
the amount payable in respect of each winning bet or, as the case may be, of each winning bet qualifying for, or for a share of, each of the prizes, bets staking more than the minimum which is permissible under the rules of the competition being treated for the purposes of this paragraph as if they were several separate bets each staking the said minimum.
2
Where a payment is made in accordance with paragraph 15 of this Schedule after the sending of the statement to the accountant under the foregoing sub-paragraph, the registered pool promoter shall as soon as may be send particulars of that payment to the accountant.
21
1
Every registered pool promoter shall, not more than twenty-one days after the events to which any of his competitions relate have taken place, send to every competitor in that competition a statement of the percentage (calculated to the nearest one-tenth of one per cent.) which the first of the amounts hereinafter mentioned bears to the second of those amounts, that is to say—
a
the aggregate total stakes in that competition and all other competitions of that promoter which depend on those events or on other events taking place on the same day, F43after making in respect of each of those competitions the deductions mentioned in sub-paragraph (1A) of this paragraph;
b
the said aggregate total stakes, without any such deduction.
F441A
In relation to any competition, the deductions referred to are—
a
a deduction of the aggregate of the total amount payable by way of winnings in the competition and any amount carried over from the competition in accordance with any provision made under paragraph 14A of this Schedule, less any amount carried over to the competition in accordance with any such provision, and
b
a deduction of the amount of pool betting duty payable in respect of the competition.
unless he has secured all such publicity as is reasonably necessary for the said statement by means of a newspaper announcement or newspaper announcements published within the said twenty-one days.
2
The statement aforesaid may take the following form, that is to say—
“Commission and expenses per cent.”
with the addition (if in the context this is necessary) of words identifying the competition or competitions to which the statement relates.
22
The statements and announcements referred to in paragraphs 20 and 21 of this Schedule may be expressed to be subject to some form of check or scrutiny, but where a statement expressed to be subject to a check or scrutiny is sent to the accountant under sub-paragraph (1) of the said paragraph 20, the registered pool promoter shall as soon as may be send to the accountant a further statement, stating that, as the result of the check or scrutiny, specified corrections or no corrections are necessary in the earlier statement or that the check or scrutiny has not been made and is not intended to be made.
23
1
In August in each year every registered pool promoter shall send to the accountant and to the registering authority a statement showing, as respects his competitions depending on events which took place on any day during the period of twelve months ending with 31st July in that year—
a
the aggregate total stakes in all those competitions;
b
the said aggregate total stakes F45after making in respect of each of those competitions the deductions mentioned in paragraph 21(1A) of this Schedule; and
c
the amount of the promoter’s commission or, at the option of the promoter, the percentage (calculated to the nearest one-tenth of one per cent.) which the said commission bears to the said aggregate total stakes:
Provided that, if the percentage referred to in paragraph (c) of this sub-paragraph does not exceed three per cent., the statement required by that paragraph may, if the promoter so desires, be a statement that the said percentage does not exceed three per cent.
2
In the foregoing sub-paragraph, the expression “the promoter’s commission” means the amount by which the aggregate total stakes in all the competitions referred to in that sub-paragraph exceeds the sum of—
a
the aggregate prizes in those competitions; and
b
the aggregate pool betting duty payable in respect of the competitions; and
c
the expenses of the promoter actually incurred by him in the conduct of those competitions, excluding any expenses properly chargeable to capital and any interest on borrowed money, and, in particular, excluding any provision for depreciation of buildings or equipment, any emoluments payable to the promoter or, if the promoter is a partnership, to any of the partners, or, if the promoter is a body corporate, to any of the directors, and in any case, any emoluments payable to any person whose emoluments depend to any extent on the profits of the promoter.
3
The registering authority shall preserve any statement sent to them under this paragraph for at least two years and shall deposit it at their office and permit any member of the public to inspect it during office hours free of charge.
24
1
Where a registered pool promoter is a company to which F46F47section 241 of the Companies Act 1985 applies; then, whenever a copy of a profit and loss account of the company is laid before the company in general meeting in pursuance of that section, the company shall forthwith send a copy of that account and of the relevant auditor’s report to the accountant.
2
Every registered pool promoter to whom the foregoing subparagraph does not apply shall at least once in every calendar year send to the accountant a profit and loss account of his pool betting business, covering, in the case of the first account, a period beginning at the commencement of the business, and, in the case of subsequent accounts, a period beginning at the end of the period covered by the last account, together with a report thereon by an auditor, being a qualified accountant who neither is, nor is a partner of, nor is in the employment of any person who is, an officer or servant of the registered pool promoter; F48and sections 235(2) and 237(1) and (3) of the Companies Act 1985 (matters to be stated in auditors’ report and responsibility of auditors in preparing their report) shall, with the necessary adaptations, apply in relation to every such report.
Duties and powers of the accountant
25
The accountant shall—
a
examine all statements submitted to him under paragraph 20, 22 or 23 of this Schedule with a view to determining whether there is cause to believe that any of the provisions of this Schedule are being contravened in relation to the competition in question; and
b
retain all such statements for two years; and
c
at any time during that period give facilities for their examination by any officer or servant of the registering authority authorised in that behalf by that authority.
26
The accountant and any servant of his authorised in that behalf by him in writing may at all reasonable times enter any premises on which a registered pool promoter is carrying on his business and enquire into the manner in which that business is being carried on, and may require the registered pool promoter or any servant of his to give to the accountant or his servant authorised as aforesaid all such information, and to produce all such accounts, books and other documents and carry out such checks or additional checks of coupons or other entry forms, as the accountant or his servant authorised as aforesaid may think necessary for the purpose of determining whether there is cause to believe that any of the provisions of this Schedule are being contravened; and it shall be the duty of the promoter to preserve, or, to such extent as he may prefer to do so, to preserve photographic copies of, all accounts, books or other documents (including coupons or other entry forms) which relate wholly or partly to any of his competitions for at least two months from the day on which the events take place on which that competition depends.
27
1
If at any time the accountant has cause to believe that any of the provisions of this Schedule are being contravened in relation to any of the competitions of a registered pool promoter, he shall report the matter to the registering authority.
2
Not later than the end of October in each year the accountant shall furnish to the registering authority a report stating, if such be the fact, that he—
a
has examined all statements submitted to him by a registered pool promoter under paragraph 20, 22 or 23 of this Schedule in respect of the period of twelve months ending with 31st July in that Year;
b
has conducted such enquiries into the manner in which the business of that promoter is carried on and made such examination of that promoter’s records as he considers necessary; and
c
has no cause to believe that any of the provisions of this Schedule have been contravened in relation to any of the competitions of that promoter taking place during the said period except in relation to such matters (if any) as have been reported by the accountant in pursuance of the foregoing sub-paragraph.
28
Paragraphs 20 to 27 of this Schedule shall apply in relation to a competition declared void in pursuance of any such rule of the competition as is mentioned in paragraph 18 of this Schedule as they apply in relation to other competitions, except that—
a
instead of the statements required by paragraphs 20 and 21 of this Schedule to be sent to the accountant in respect of the competition and to be included in announcements of the results of, or to be sent to competitors in, the competition, there shall be sent statements that the competition has been declared void and that sums paid as stakes therein will be repaid or credited to the payers thereof;
b
the competition shall be left out of account in computing the percentage a statement of which is required by the said paragraph 21 to be included in announcements of the results of, or to be sent to competitors in, other competitions depending on the same events or other events taking place on the same day.
Enforcement
29
1
Any person who—
a
obstructs the accountant or any servant of his in the execution of any powers or duties under this Schedule; or
b
fails to comply with any requirement duly made of him by the accountant or any servant of his or, in response to such a requirement, knowingly gives any information which is false or misleading,
shall be guilty of an offence.
2
If any registered pool promoter fails to comply with any duty imposed upon him by this Schedule or if any of the provisions of this Schedule, except so far as they impose duties on the accountant or the registering authority, are contravened in the case of the business of any registered pool promoter, the registered pool promoter shall be guilty of an offence.
C83
In England, the registering authority shall have power to take proceedings for offences under this paragraph or under section 4(2) of this Act.
C11SCHEDULE 3 Licensing of Tracks for Betting
Sch. 3 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 6(1)(2)
Sch. 3: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B(7)
Authority empowered to grant licences under Sch. 3 in relation to Greater London now the Greater London Council: London Government Act 1963 (c. 33), s. 53(1)
Licensing authorities and interpretation
1
F49Paragraphs 1, 2 and 3F49Paragraph 1 of Schedule 2 to this Act shall have effect with respect to licensing authorities for the purposes of this Schedule . . . F50 as if—
a
in sub-paragraph (1) of the said paragraph 1 for the words “the registering authority” there were substituted the words “the licensing authority”; and
2
In this Schedule, except where the context otherwise requires—
a
any reference to a track shall be construed as including a reference to the site of a proposed track;
b
in relation to any particular track, any reference to the licensing authority shall be construed as a reference to the council F52or committee who, under paragraph 1 of this Schedule, are the licensing authority for the area in which that track or the greater part of the superficial area thereof is situated, and the expression “appropriate officer of police” means the chief officer of police for a police area which includes that track or any part thereof.
Applications for licences
3
An application for the grant of a track betting licence may be made to the licensing authority—
a
in respect of an existing track, by the occupier thereof; or
b
in respect of a track which it is proposed to construct, by any person who proposes to become the occupier of the track if the licence is granted.
4
Each licensing authority may from time to time fix dates on which they will entertain applications for the grant of track betting licences by them and shall cause information as to any dates so fixed to be given to any person who asks for it.
5
1
No application for a track betting licence shall be entertained by the licensing authority unless, at least two months before the date on which the application is made, the applicant has given to the licensing authority and to each of the authorities specified in sub-paragraph (2) of this paragraph notice in writing—
a
stating that it is intended to make the application on that date; and
b
describing the situation of the track and the number and position of the exits provided or intended to be provided; and
c
stating the number of spectators for whom accommodation is provided or is intended to be provided,
and has also published such a notice in at least two newspapers circulating in the locality in which the track is situated.
2
The authorities referred to in the foregoing sub-paragraph are—
a
if the track is situated in England—
b
if the track is situated in Scotland—
F56i
the council F57constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area the track or any part thereof is situated; and
ii
the F58planning authority for any area which includes the track or any part thereof;
c
the appropriate officer or officers of police.
3
Every notice given to the licensing authority under sub-paragraph (1) of this paragraph shall, until the hearing of the application to which the notice relates, be kept by the licensing authority at their offices so as to be available, at any time during office hours, for inspection by any member of the public free of charge.
6
1
Upon the consideration by the licensing authority of an application for the grant of a track betting licence, the following persons in addition to the applicant shall be entitled to be heard in person or by a representative, that is to say—
a
any appropriate officer of police;
b
any person owning or occupying premises in the neighbourhood of the track;
c
the governing body of any school or institution in the neighbourhood of the track;
d
if the track is situated in England, any of the authorities specified in sub-paragraph (2) of this paragraph;
e
of the track is situated in Scotland, any of the authorities specified in sub-paragraph (3) of this paragraph:
Provided that no objector shall be heard unless he has given to the applicant and to the licensing authority at least seven days’ notice in writing of the grounds on which he proposes to contend that the application ought to be refused.
2
The authorities referred to in sub-paragraph (1)(d) of this paragraph are—
a
c
any other local authority whose area adjoins F64the area of the licensing authority;
Provided that no local authority shall be entitled to be heard as an objector if the licensing authority are a committee of that local authority or a joint committee including persons appointed by that local authority.
F673
The authorities referred to in sub-paragraph (1)(e) of this paragraph are—
a
the planning authority for any area which includes the track or any part thereof;
b
any local authority whose area adjoins any area which includes the track or any part thereof,
where that authority are not the licensing authority.
In this sub-paragraph, the expression “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Grant or refusal of licence
7
1
The provisions of this paragraph shall have effect with respect to any application to a licensing authority for the grant of a track betting licence in respect of any track.
2
The licensing authority may refuse to grant the licence if they are satisfied that, in the event of the licence being granted, the existence or user of the track—
a
would injuriously affect either the health or the comfort of persons residing in the neighbourhood of or track, of be detrimental to the interests of persons receiving instruction of residing or any school or institution in that neighbourhood; or
b
would seriously impair the amenities of that neighbourhood; or
c
would result in undue congestion of traffic or seriously prejudice the preservation of law and order.
3
The Licensing authority may also refuse to grant the licence if the applicant or, where the applicant is a body corporate, any director or the manager thereof has been convicted—
a
of an offence under any of the following provisions of this Act, that is to say, sections 1(1)(a), 4(1), 5, 6, 7, 16, 18, 19, 21 and 23 and paragraphs 11 and 17 of Schedule 5;
b
c
of any offence involving fraud or dishonesty.
4
If the licensing authority are not satisfied that any planning permission required under Part III of the M14Town and Country Planning Act 1962 or under the M15Town and Country Planning (Scotland) Act 1947 for the establishment of the track, or for the continuance of the track during the period for which the licence would be in force, has been, or is deemed to be, granted, they shall either refuse to grant the licence or grant the licence but suspend its operation until the local planning authority within the meaning of the said Act of 1962 or, as the case may be, 1947 have notified the licensing authority that any such planning permission has been, or is deemed to be, granted.
5
Save as is mentioned in sub-paragraph (2), (3) or (4) of this paragraph, the licensing authority shall not refuse the application; and if they do refuse it they shall send to the applicant by post a written statement of the grounds of their refusal.
Duration and transfer of licences
8
A track betting licence shall, unless cancelled under paragraph 10 or revoked under paragraph 13 of this Schedule, be in force for seven years from the date on which it is expressed to take effect.
9
Where in the case of any track the licensing authority have granted a track betting licence to any person, they may at any time, if they think fit, on an application made to them after notice in writing to the appropriate officer or officers of police, direct that the licence shall be transferred to another person, and thereupon the transferee shall be deemed to be the holder of the licence, so, however, that, if the transferee is not the occupier of the track, the transfer shall not take effect until he becomes the occupier thereof.
10
The licensing authority by whom any track betting licence for the time being in force was granted shall, upon receiving from the holder of the licence a written request in that behalf accompanied by the licence, cancel the licence, which shall thereupon cease to be in force.
11
In the event of the death of the holder of a track betting licence, his legal personal representatives shall, during the period of three months from the date of the death, be deemed to be the holder of the licence, notwithstanding that it has not been transferred to them.
Fees in respect of licences
C1012
1
In respect of any application for a track betting licence, such fee not exceeding F68£46 as the licensing authority may from time to time fix for the whole of their area shall be payable by the applicant before the hearing of the application, but, if the licence is granted, the fee so paid shall be treated as a payment on account of the first annual payment to be made in respect of the licence under the next following sub-paragraph.
2
In respect of every such licence, such annual fee not exceeding F69£464 as the licensing authority may fix annually for the whole of their area shall be payable during the currency of the licence by the person who is for the time being the holder thereof, and the first of those payments shall be made on the day on which the licence takes effect, and subsequent payments shall be made at intervals of twelve months thereafter.
3
In respect of any transfer of such a licence, such fee not exceeding F70£46 as the licensing authority may from time to time fix for the whole of their area shall be payable by the person to whom the licence is transferred.
4
Every fee which by virtue of this paragraph is payable by any person shall be recoverable from that person by the licensing authority as a debt due from him to them.
Revocation of licence and appeal therefrom
13
1
At any time while a track betting licence is in force in respect of any track, the licensing authority by whom it was granted may, after giving to the holder of the licence an opportunity of being heard, revoke the licence—
a
if they are satisfied that the track has been conducted in a disorderly manner or so as to cause a nuisance; or
b
if without their approval, to be given after such notice as they deem proper, the accommodation for spectators on the track as stated in the notice under paragraph 5(1) of this Schedule has been substantially increased, or the exits from the track as described in that notice have been materially altered, and the authority are satisfied that undue congestion of traffic, or serious prejudice to the preservation of law and order has resulted therefrom; or
c
if on a report made to them by the accountant appointed under Schedule 5 to this Act, or upon a refusal of that accountant to give such a certificate as is mentioned in paragraph 15 of that Schedule, they are satisfied that any totalisator on the track has been maintained or operated otherwise than in accordance with the provisions of that Schedule; or
d
if the holder of the licence or, where the holder is a body corporate, any director or the manager thereof is convicted of any offence such as is mentioned in paragraph 7(3)(a) or (c) of this Schedule;
and if the authority revoke any such licence, they shall forthwith send notice of the revocation by post to the holder of the licence and to the appropriate officer or officers of police.
2
The holder of a licence in respect of a track in England which has been revoked under the foregoing sub-paragraph may appeal . . . F71F72to the Crown Court, and such appeal shall be commenced by giving notice to the appropriate officer of the Crown Court and to the licensing authority within twenty-one days of the holder’s being notified of the revocation by the licensing authority.
3
The holder of a licence in respect of a track in Scotland which has been revoked under sub-paragraph (1) of this paragraph may appeal, within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt, to the sheriff having jurisdiction in the area in which the track in respect of which the licence was held, or the greater part of the superficial area thereof, is situated, and on any such appeal the decision of the sheriff shall be final and may include such order as to the expenses of the appeal as he thinks proper.
4
Where a licensing authority revoke a licence under sub-paragraph(1) of this paragraph, then, until the time within which notice of appeal under sub-paragraph (2) or (3) of this paragraph may be given has expired and, if such notice is given, until the determination or abandonment of the appeal, the licence shall be deemed to continue in force, and if F73the Crown Courtor, as the case may be, the sheriff confirms the decision of the licensing authority, the court or the sheriff may, if it or he thinks fit, order that the licence shall continue in force for a further period not exceeding two months from the date of the order.
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
SCHEDULE 4 Rules for Licensed Betting Offices
1
2
No person who is apparently under the age of eighteen years, or who is known to any person connected with the licensee’s business and present on the licensed premises to be under that age, shall be admitted to or allowed to remain on those permises, so, however, that in any proceedings for a contravention of this rule in respect of a person apparently under the said age it shall be a defence to prove that at the time of the alleged contravention he had in fact attained that age.
3
The licensee—
a
shall display his betting office licence on the licensed premises;
b
shall exhibit on those premises such notices in such form and in such positions as may be prescribed; and
c
shall comply with any prescribed restrictions with respect to the exhibiting of other written matter or of signs of any description on the licensed premises.
F774
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
6
Except for the licensee and any servant or agent of his, no person resorting to the licensed premises shall be allowed to use any means of direct access between the licensed premises and other premises used for the effecting with persons resorting to those other premises of transactions other than betting transactions.
F797
1
Except as permitted by sub-paragraph (2) or (3) below, no apparatus for making information or other material available in the form of sounds or visual images or both shall be used on the licensed premises.
2
Subject to paragraph 8 below, such apparatus may be used on the licensed premises provided that the matter seen or heard comprises only information about, and the coverage of, a sporting event including—
a
information relating to any betting on such an event; and
b
any other matter, including an advertisement, which is incidental to such an event or such coverage.
3
Subject to paragraph 8 below, such apparatus may be used on the licensed premises provided that the matter seen or heard comprises only—
a
information relating to betting on any event in connection with which betting transactions may be or have been effected on those premises; and
b
the result of such an event.
F808
F811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
No apparatus for showing visual images of a sporting event shall be used on the licensed premises if—
a
the service by means of which such images appear is not intended to be received by the general public or other licensees generally; or
b
in the case of images that appear by means of the use of video recordings, identical recordings of the same event are not available to other licensees generally.
In this sub-paragraph “video recording” has the same meaning as in section 1(3) of the Video Recordings Act 1984.
F829
No music, dancing or other entertainment shall be provided or allowed on the licensed premises, except any entertainment which complies with the provisions of paragraph 7 above.
F14310
1
Except as permitted by this paragraph, no refreshments shall be provided on the licensed premises.
2
Subject to section 10(1B) of this Act, any drink may be sold, by any means whatever, on the licensed premises except—
a
where those premises are in England and Wales, intoxicating liquor within the meaning of section 20(1) of the Licensing Act 1964; or
b
where those premises are in Scotland, alcoholic liquor within the meaning of section 139(1) of the Licensing (Scotland) Act 1976.
F1443
There may be sold, by any means whatever, on the licensed premises pre– packaged sandwiches and other pre–packaged snacks including, without prejudice to the generality of the foregoing, confectionery, biscuits and cakes.
F8310A
Machines to which Part III of the Gaming Act 1968 (gaming machines) applies may be used on the licensed premises, but only if—
a
they are machines in respect of which the conditions mentioned in section 34(5A) of the Gaming Act 1968 are observed (cash prizes only), and
b
they do not exceed two in number.
F8410B
Publications may be sold on the licensed premises, but only if they are racing periodicals or specialist betting publications.
F8510C
The licensed premises may be used for—
a
the sale of tickets in any lottery other than—
i
a private lottery within the meaning of the Lotteries and Amusements Act 1976, or
ii
a lottery the sale of tickets in which on the licensed premises is otherwise prohibited,
b
the collection of amounts payable by way of winnings in any lottery for the sale of whose tickets the premises may be used,
c
the delivery of entry forms and stakes relating to competitions in which success depends to a substantial degree on the exercise of skill, and
d
the collection of amounts payable by way of winnings in any such competition as is mentioned in sub-paragraph (c) of this paragraph.
F14511
Paragraphs 1 and 4 above shall be construed, subject to the restrictions in paragraphs 7 to 10 above, as not prohibiting the provision of the facilities permitted by paragraphs 7, 9 and 10(2) and (3) above.
SCHEDULE 5 Totalisators on Dog Racecourses
1
The totalisator shall F86comply with the prescribed conditions.
2
The person, whether the occupier of the track or a person authorised in that behalf in writing by that occupier, by whom the totalisator is operated (in this Schedule referred to as “the operator”) shall take all such steps as are necessary to secure that, so long as the totalisator is in use, it is in proper working order and is properly operated.
3
The operator shall, before receiving any bets in connection with any race, post in a conspicuous position on the track F87or, where bets may be made by means of the totaliser in more than one distinct area of the track, in each such areaa notice showing the minimum stake (hereinafter referred to as “the betting unit”) which will be accepted at the totalisator from persons betting on that race; and that notice shall also—
a
b
if the terms on which the operator invites persons to bet include such a condition as is mentioned in paragraph 6 of this Schedule, specify the time referred to in that paragraph F90: and
F90c
specify such other particulars of the said terms as may be prescribed.
F91. . .
4
The operator shall, in the case of any bets made by means of the totalisator on any race or combination of races—
a
deduct from the aggregate amount staked—
i
any sums payable by the operator by way of the F92general betting duty in respect of those bets; and
ii
subject to paragraph 5 of this Schedule, the percentage specified in the notice posted in pursuance of paragraph 3 thereof; and
b
subject to F93paragraphs 4C to 6 of this Schedule, distribute the whole of the remainder of that amount among the persons making such of those bets as are winning bets.
F944A
The terms on which the operator invites persons to bet on any race or combination of races on the track by means of the totalisator may include a condition that, in the event of there being no winning bets on that race or those races, the aggregate amount staked thereon by way of bets made by means of the totalisator (less any deductions made in pursuance of paragraph 4(a) of this Schedule) shall be carried over to a subsequent race or combination of races on the track by being added to the aggregate amount staked thereon by way of bets so made; and nothing in section 16(1) of this Act shall be construed as precluding the totalisator from being so operated as to allow any such amount to be carried over as aforesaid from one day to another.
F954B
Where, in accordance with such a condition as is mentioned in paragraph 4A of this Schedule, any amount is to be added to the aggregate amount staked by way of bets made by means of the totalisator on any race or combination of races, that amount shall be disregarded for the purpose of making any deduction required by paragraph 4(a) of this Schedule.
F964C
1
This paragraph applies where the amount payable in respect of each betting unit staked by a person winning a bet is or includes a fraction of the betting unit where is not one or more tenths of that unit.
2
Where the fraction is less than a twentieth of the betting unit, the operator may retain it.
3
Where the fraction is more than a tenth of the betting unit, but exceeds the next lower tenth of that unit by less than a twentieth of that unit, the operator may retain so much of it as exceeds that tenth of that unit.
4
Otherwise, the amount payable in respect of each betting unit staked by a person winning a bet shall be deemed to be increased —
a
to the next higher tenth of the betting unit; or
b
where the fraction concerned exceeds nine tenths of the betting unit, to the next multiple of that unit.
F975
Where the amount payable in respect of each betting unit staked by a person winning a bet F98, after any rounding under paragraph 4C of this Schedule, is or includes a fraction of a new penny, then—
a
if that fraction does not exceed one-half, it may be retained by the operator; but
b
if that fraction exceeds one-half, the amount payable in respect of each betting unit staked by the said person shall be deemed to be increased to the nearest multiple of a new penny.
6
The terms on which the operator invites persons to bet by means of the totalisator may include a condition entitling the operator to retain any sum payable to a person winning a bet unless the money won on the bet is claimed before such time, F99being a time not falling within the period of 7 days beginning with the day after that of the conclusion of the race, or as the case may be, of the last of the races, in connection with which the bet was made, as may have been specified in the notice posted in pursuance of paragraph 3 of this Schedule.
7
The licensing authority, that is to say, the authority by whom any track betting licence in respect of the track falls to be granted, shall appoint a qualified accountant (hereinafter in this Schedule referred to as “the accountant”) who shall be charged with the duty of examining and certifying the accounts relating to the operation of the totalisator and, after consultation with the accountant, shall also appoint an experienced mechanician (hereinafter in this Schedule referred to as “the technical adviser”) who shall act as technical adviser to the accountant and be charged with the duty of advising him as to the condition of the totalisator and all matters connected with the operation thereof.
8
F100. . . The accountant and the technical adviser shall hold office on such terms (including terms as to remuneration) as may be determined by the licensing authority after consultation with the occupier of the track, and the remuneration of the accountant and the technical adviser shall be payable by the licensing authority; but so much of that remuneration as is paid to the accountant or the technical adviser in respect of the performance of his functions under this Schedule in relation to the totalisator and is attributable to any period during which a track betting licence was in force in respect of the track shall be recoverable by the licensing authority as a debt due to them from the holder of that licence.
F1019
The totalisator shall not be operated on any day unless the accountant has been given not less than 48 hours notice in writing that it is intended that betting should take place on that day by means of the totalisator.
F10210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10310A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
1
The accountant, the technical adviser and their respective servants authorised in that behalf in writing may at all reasonable times enter the premises in which the totalisator is set up and examine any part of the mechanism and test and watch the working thereof, and may require the operator or any servant of his to give to them all such information, and to produce to them all such accounts, books and other documents, as they deem necessary for the purpose of ascertaining whether the provisions of this Schedule are being complied with.
2
Every person who—
a
obstructs any of the persons upon whom powers are conferred by the foregoing sub-paragraph in the excercise of any of those powers; or
b
neglects or refuses to give to any of the said persons any such information, or to produce to him any such document, as may have been called for by him in pursuance of the said sub-paragraph; or
c
knowingly gives to any of the said persons any information which is false or misleading,
shall be liable on summary conviction to a fine exceeding fifty pounds.
F10412
1
The operator shall, within seven days after the close of each month, submit to the accountant for examination by him a complete statement of account for that month.
2
The statement required by sub-paragraph (1) of this paragraph shall—
a
specify, in relation to any amount carried over from one race or combination of races to another in accordance with such a condition as is mentioned in paragraph 4A of this Schedule —
i
the amount carried over; and
ii
the date of the race or combination of races to which it is carried over; and
b
give all such other information as the accountant may require for the purpose of ascertaining whether the provisions of this Schedule have been complied with.
13
The accountant shall examine the statements of account submitted to him under the last foregoing paragraph and shall, so often as he thinks proper, consult with the technical adviser and carry out, or cause to be carried out, such inspections as either of them deem necessary for the purpose of ascertaining whether the provisions of this Schedule are being complied with, and shall forthwith make a report to the licensing authority if he has reason to believe that the totalisator no longer complies with the prescribed conditions, or is not being kept in proper working order, or is not being properly operated, or if in his opinion any of the provisions of this Schedule are not being complied with.
14
The accountant shall retain for a period of two years all statements of account submitted to him as aforesaid and shall at any time during that period give facilities for their examination by any person authorised in that behalf by the licensing authority.
15
Without prejudice to his duties under the foregoing paragraphs, the accountant shall, as soon as may be after the close of each calendar year, audit the accounts of the operator for the year and, if such be the fact, certify thereon that satisfactory statements of account have been submitted to him monthly in accordance with the provisions of paragraph 12 of this Schedule and have been examined by him, and that to the best of his information and belief, formed after consultation with the technical adviser, the accounts for the year are complete and accurate and the totalisator complies with the prescribed conditions and has throughout the year been maintained in proper working order and properly operated in accordance with the provisions of this Schedule; and the operator shall forthwith cause the accounts and certificate to be printed and, subject to paragraph 16 of this Schedule, shall transmit two copies thereof to the licensing authority, who shall cause one of those copies to be deposited at their offices for inspection at any time during office hours by any member of the public free of charge.
16
Where by virtue of paragraph 1 of Schedule 3 to this Act the licensing authority are a joint committee such as are mentioned in paragraph 1 (4) of Schedule 2 to this Act, the operator shall transmit to the licensing authority such number of copies of the accounts and certificate referred to in paragraph 15 of this Schedule as are sufficient to enable the licensing authority to keep one copy at their offices for the purposes of record and to deposit for inspection as mentioned in that paragraph one copy at their offices and one copy at the offices of each council whose functions under Schedule 3 to this Act are delegated to that committee.
17
Without prejudice to paragraph 11(2) of this Schedule, if the operator contravenes any of the provisions of this Schedule other than the said paragraph 11(2) he shall be guilty of an offence.
F10518
1
In relation to the operation of the totalisator for effecting betting transactions under a licensed inter-track betting scheme, this Schedule shall have effect with the following modifications.
2
Where the operation is in connection with racing on the track where the totalisator is situated, the references in paragraphs 4 and 4B to the totalisator shall be construed as references to any totalisator on a track participating in the inter-track betting scheme.
3
Where the operation is in connection with racing on a track other than the track where the totalisator is situated—
a
the references in paragraph 3(a) and (b) to the operator shall be construed as references to the operator of the totalisator on the track where the racing takes place; and
b
paragraphs 4 and 4B to 6 shall be omitted.
4
In paragraph 4A—
a
references to a race or combination of races on the track shall be construed as references to a race or combination of races in relation to which betting takes place under the inter-track betting scheme; and
b
references to bets made by means of the totalisator shall be construed as references to bets made under the inter-track betting scheme.
5
In paragraph 13, the reference to the licensing authority shall be construed as including a reference to the authority by whom the inter-track betting scheme is licensed.
F111F112SCHEDULE 5A Rights of Betting Workers as Respects Sunday Working
Sch. 5A paras. 1-20 and 22 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I.
Sch. 5A para. 21 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I.
F146General interpretation
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F1471
1
In this Schedule, except where a contrary intention appears—
“the 1978 Act” means the Employment M17 Protection (Consolidation) Act 1978;
“betting transaction” includes the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;
“betting work” means—
- a
work at a track in England or Wales for a bookmaker on a day on which the bookmaker acts as such at the track, being work which consists of or includes dealing with betting transactions, and
- b
work in a licensed betting office in England or Wales on a day on which the office is open for use for the effecting of betting transactions;
- a
“betting worker” means an employee who, under his contract of employment, is required to do betting work or may be required to do such work;
“bookmaker” means any person who—
- a
whether on his own account or as servant or agent to any other person, carries on, whether occasionally or regularly, the business of receiving or negotiating bets or conducting pool betting operations; or
- b
by way of business in any manner holds himself out, or permits himself to be held out, as a person who receives or negotiates bets or conducts such operations;
- a
“the commencement date” means the day on which this Schedule comes into force;
“dismissal” has the same meaning as in Part V of the 1978 Act;
“notice period”, in relation to an opting-out notice, has the meaning given by paragraph 6 below;
“opted-out”, in relation to a betting worker, shall be construed in accordance with paragraph 5 below;
“opting-in notice” has the meaning given by paragraph 3(2) below;
“opting-out notice” has the meaning given by paragraph 4(3) below;
“protected”, in relation to a betting worker, shall be construed in accordance with paragraphs 2 and 3 below.
2
Subject to sub-paragraph (3) below, the following provisions of the 1978 Act—
section 151(1) and (2) (computation of period of continuous employment), and
section 153 (general interpretation),
shall have effect for the purposes of this Schedule as they have effect for the purposes of that Act.
3
For the purposes of this Schedule, section 151(2) of the 1978 Act shall have effect with the omission of the words from “but” onwards F148. . .
F149a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where section 56 of the 1978 Act (failure to permit women to return to work after childbirth treated as dismissal) applies to an employee who was employed as a betting worker under her contract of employment on the last day of her maternity leave period, she shall be treated for the purposes of this Schedule as if she had been employed as a betting worker on the day with effect from which she is treated as dismissed under that section.
F108Meaning of “protected betting worker”
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F1062
1
Subject to paragraph 3 below, a betting worker is to be regarded for the purposes of this Schedule as “protected” if, and only if, sub-paragraph (2) or (3) below applies to him.
2
This sub-paragraph applies to any betting worker if—
a
on the day before the commencement date, he was employed as a betting worker,
b
on that day, he was not employed to work only on Sunday,
c
he has been continuously employed during the period beginning with that day and ending with the appropriate date, and
d
throughout that period, or throughout every part of it during which his relations with his employer were governed by a contract of employment, he was a betting worker.
3
This sub-paragraph applies to any betting worker whose contract of employment is such that under it he—
a
is not, and may not be, required to work on Sunday, and
b
could not be so required even if the provisions of this Schedule were disregarded.
4
In sub-paragraph (2)(c) above “the appropriate date” means—
a
in relation to paragraphs 7 and 8 below, the effective date of termination,
b
in relation to paragraph 10 below, the date of the act or failure to act,
c
in relation to sub-paragraph (2) or (3) of paragraph 12 below, the day on which the agreement is entered into,
d
in relation to sub-paragraph (4) of that paragraph, the day on which the employee returns to work,
e
in relation to paragraph 14 below, any time in relation to which the contract is to be enforced, and
f
in relation to paragraph 15 below, the end of the period in respect of which the remuneration is paid or the benefit accrues.
5
For the purposes of sub-paragraph (4)(a) above, “the effective date of termination”, in any case falling within paragraph 1(4) above, means the day with effect from which the employee is treated by section 56 of the 1978 Act as being dismissed.
6
For the purposes of sub-paragraph (4)(b) above—
a
where an act extends over a period, the “date of the act” means the first day of the period, and
b
a deliberate failure to act shall be treated as done when it was decided on,
and in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
7
Where on the day before the commencement date an employee’s relations with his employer have ceased to be governed by a contract of employment, he shall be regarded as satisfying the conditions in sub-paragraph (2)(a) and (b) above if—
a
that day falls in a week which counts as a period of employment with that employer under paragraph 9 or 10 of Schedule 13 to the 1978 Act (absence from work because of sickness, pregnancy etc.) or under regulations made under paragraph 20 of that Schedule (reinstatement or re-engagement of dismissed employee), and
b
on the last day before the commencement date on which his relations with his employer were governed by a contract of employment, the employee was a betting worker and was not employed to work only on Sunday.
F1073
1
A betting worker is not a protected betting worker if—
a
on or after the commencement date, he has given his employer an opting-in notice, and
b
after giving that notice, he has expressly agreed with his employer to do betting work on Sunday or on a particular Sunday.
2
In this Schedule “opting-in notice” means a written notice, signed and dated by the betting worker, in which the betting worker expressly states that he wishes to work on Sunday or that he does not object to Sunday working.
F150Notice of objection to Sunday working
Crossheading inserted (3.1.1995) by 1994 c. 30, ss. 20(5), 40(1), 82(2), Sch. 8.
F1514
1
This paragraph applies to any betting worker who, under his contract of employment—
a
is or may be required to work on Sunday (whether or not as a result of previously giving an opting-in notice), but
b
is not employed to work only on Sunday.
2
A betting worker to whom this paragraph applies may at any time give his employer written notice, signed and dated by the betting worker, to the effect that the betting worker objects to Sunday working.
3
In this Schedule “opting-out notice” means a notice given under sub-paragraph (2) above by a betting worker to whom this paragraph applies.
F152Meaning of “opted-out betting worker”
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F1535
1
Subject to sub-paragraph (5) below, a betting worker is to be regarded for the purposes of this Schedule as “opted-out” if, and only if—
a
he has given his employer an opting-out notice,
b
he has been continuously employed during the period beginning with the day on which the notice was given and ending with the appropriate date, and
c
throughout that period, or throughout every part of it during which his relations with his employer were governed by a contract of employment, he was a betting worker.
2
In sub-paragraph (1) above “the appropriate date” means—
a
in relation to paragraphs 7 and 8 below, the effective date of termination,
b
in relation to paragraph 10 below, the date of the act or failure to act,
c
in relation to sub-paragraph (2) or (3) of paragraph 13 below, the day on which the agreement is entered into, and
d
in relation to sub-paragraph (4) of that paragraph, the day on which the employee returns to work.
3
For the purposes of sub-paragraph (2)(a) above, “the effective date of termination”, in any case falling within paragraph 1(4) above, means the day with effect from which the employee is treated by section 56 of the 1978 Act as being dismissed.
4
For the purposes of sub-paragraph (2)(b) above—
a
where an act extends over a period, the “date of the act” means the first day of the period, and
b
a deliberate failure to act shall be treated as done when it was decided on,
and in the absence of evidence establishing the contrary, an employer shall be taken to decide on a failure to act when he does an act inconsistent with doing the failed act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
5
A betting worker is not an opted-out betting worker if—
a
after giving the opting-out notice concerned, he has given his employer an opting-in notice, and
b
after giving that opting-in notice, he has expressly agreed with his employer to do betting work on Sunday or on a particular Sunday.
F154Meaning of “notice period”
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F1556
In this Schedule “notice period”, in relation to an opted-out betting worker, means, subject to paragraph 11(2) below, the period of three months beginning with the day on which the opting-out notice concerned was given.
F156Right not to be dismissed for refusing Sunday work
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F1577
1
Subject to sub-paragraph (2) below, the dismissal of a protected or opted-out betting worker by his employer shall be regarded for the purposes of Part V of the 1978 Act as unfair if the reason for it (or, if more than one, the principal reason) was that the betting worker refused, or proposed to refuse, to do betting work on Sunday or on a particular Sunday.
2
Sub-paragraph (1) above does not apply in relation to an opted-out betting worker where the reason (or principal reason) for the dismissal was that he refused, or proposed to refuse, to do betting work on any Sunday or Sundays falling before the end of the notice period.
3
The dismissal of a betting worker by his employer shall be regarded for the purposes of Part V of the 1978 Act as unfair if the reason for it (or, if more than one, the principal reason) was that the betting worker gave, or proposed to give, an opting-out notice to the employer.
4
Section 142 of the 1978 Act (contracts for a fixed term) shall not exclude the application of section 54 of that Act (right of employee not to be unfairly dismissed) in relation to any dismissal which is unfair by virtue of sub-paragraph (1) or (3) above.
F1588
1
Where the reason or principal reason for the dismissal of a protected or opted-out betting worker was that he was redundant, but it is shown—
a
that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and
b
that the reason (or, if more than one, the principal reason) for which he was selected for dismissal was that specified in paragraph 7(1) above,
then, for the purposes of Part V of the 1978 Act, the dismissal shall be regarded as unfair.
2
Sub-paragraph (1) above does not apply in relation to an opted-out betting worker where the reason (or principal reason) for which he was selected for dismissal was that specified in paragraph 7(2) above.
3
Where the reason or principal reason for the dismissal of a betting worker was that he was redundant, but it is shown—
a
that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and
b
that the reason (or, if more than one, the principal reason) for which he was selected for dismissal was that specified in paragraph 7(3) above,
then, for the purposes of Part V of the 1978 Act, the dismissal shall be regarded as unfair.
F110Exclusion of section 64(1) of Employment Protection (Consolidation) Act 1978
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F1099
Section 54 of the 1978 Act (right of employee not to be unfairly dismissed) shall apply to a dismissal regarded as unfair by virtue of paragraph 7 or 8 above regardless of the period for which the employee has been employed and of his age; and accordingly section 64(1) of that Act (which provides a qualifying period and an upper age limit) shall not apply to such a dismissal.
F159Right not to suffer detriment for refusing Sunday work
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F16010
1
Subject to sub-paragraphs (2) and (4) below, a protected or opted-out betting worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the betting worker refused, or proposed to refuse, to do betting work on Sunday or on a particular Sunday.
2
Sub-paragraph (1) above does not apply to anything done in relation to an opted-out betting worker on the ground that he refused, or proposed to refuse, to do betting work on any Sunday or Sundays falling before the end of the notice period.
3
Subject to sub-paragraph (4) below, a betting worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he gave, or proposed to give, an opting-out notice to his employer.
4
Sub-paragraphs (1) and (3) above do not apply where the detriment in question amounts to dismissal.
5
For the purposes of this paragraph a betting worker who does not work on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by—
a
any failure to pay remuneration in respect of betting work on a Sunday which he has not done,
b
any failure to provide him with any other benefit, where that failure results from the application, in relation to a Sunday on which the employee has not done betting work, of a contractual term under which the extent of that benefit varies according to the number of hours worked by the employee or the remuneration of the employee, or
c
any failure to provide him with any work, remuneration or other benefit which by virtue of paragraph 14 or 15 below the employer is not obliged to provide.
6
Where an employer offers to pay a sum specified in the offer to any one or more employees who are protected or opted-out betting workers or who, under their contracts of employment, are not obliged to do betting work on Sunday, if they agree to do betting work on Sunday or on a particular Sunday—
a
an employee to whom the offer is not made is not to be regarded for the purposes of this paragraph as having been subjected to any detriment by any failure to make the offer to him or to pay him that sum, and
b
an employee who does not accept the offer is not to be regarded for those purposes as having been subjected to any detriment by any failure to pay him that sum.
F161Employer’s duty to give explanatory statement
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F16211
1
Where a person becomes a betting worker to whom paragraph 4 above applies, his employer shall, before the end of the period of two months beginning with the day on which that person becomes such a betting worker, give him a written statement in the prescribed form.
2
If—
a
an employer fails to comply with sub-paragraph (1) above in relation to any betting worker, and
b
the betting worker, on giving the employer an opting-out notice, becomes an opted-out betting worker,
paragraph 6 above shall have effect, in relation to the betting worker, with the substitution for “three months” of “one month”.
3
An employer shall not be regarded as failing to comply with sub-paragraph (1) above in any case where, before the end of the period referred to in that sub-paragraph, the betting worker has given him an opting-out notice.
4
Subject to sub-paragraph (5) below, the prescribed form is as follows
“STATUTORY RIGHTS IN RELATION TO SUNDAY BETTING WORK—
You have become employed under a contract of employment under which you are or can be required to do Sunday betting work, that is to say, work—
at a track on a Sunday on which your employer is taking bets at the track, or
in a licensed betting office on a Sunday on which it is open for business.
However, if you wish, you can give a notice, as described in the next paragraph, to your employer and you will then have the right not to do Sunday betting work once three months have passed from the date on which you gave the notice.
Your notice must—
be in writing;
be signed and dated by you;
say that you object to doing Sunday betting work.
For three months after you give the notice, your employer can still require you to do all the Sunday betting work your contract provides for. After the three month period has ended, you have the right to complain to an industrial tribunal if, because of your refusal to do Sunday betting work, your employer—
dismisses you, or
does something else detrimental to you, for example, failing to promote you.
Once you have the rights described, you can surrender them only by giving your employer a further notice, signed and dated by you, saying that you wish to do Sunday betting work or that you do not object to doing Sunday betting work and then agreeing with your employer to do such work on Sundays or on a particular Sunday.”
5
The Secretary of State may by order amend the prescribed form set out in sub-paragraph (4) above.
6
An order under sub-paragraph (5) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F163Effect of rights on contracts of employment
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F16412
1
Any contract of employment under which a betting worker who satisfies the conditions in paragraph 2(2)(a) and (b) above was employed on the day before the commencement date is unenforceable to the extent that it—
a
requires the betting worker to do betting work on Sunday on or after the commencement date, or
b
requires the employer to provide the betting worker with betting work on Sunday on or after that date.
2
Except as provided by sub-paragraph (3) below, any agreement entered into after the commencement date between a protected betting worker and his employer is unenforceable to the extent that it—
a
requires the betting worker to do betting work on Sunday, or
b
requires the employer to provide the betting worker with betting work on Sunday.
3
Where, after giving an opting-in notice, a protected betting worker expressly agrees as mentioned in paragraph 3(1)(b) above (and so ceases to be protected), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.
4
The reference in sub-paragraph (2) above to a protected betting worker includes a reference to an employee who, although not a protected betting worker for the purposes of that sub-paragraph at the time when the agreement is entered into, is a protected betting worker on the day on which she returns to work as mentioned in paragraph 10 of Schedule 13 to the 1978 Act (maternity).
F16513
1
Where a betting worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he gave that notice becomes unenforceable to the extent that it—
a
requires the betting worker to do betting work on Sunday after the end of the notice period, or
b
requires the employer to provide the betting worker with betting work on Sunday after the end of that period.
2
Except as provided by sub-paragraph (3) below, any agreement entered into between an opted-out betting worker and his employer is unenforceable to the extent that it—
a
requires the betting worker to do betting work on Sunday after the end of the notice period, or
b
requires the employer to provide the betting worker with betting work on Sunday after the end of that period.
3
Where, after giving an opting-in notice, an opted-out betting worker expressly agrees as mentioned in paragraph 5(5)(b) above (and so ceases to be opted-out), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.
4
The reference in sub-paragraph (2) above to an opted-out betting worker includes a reference to an employee who, although not an opted-out betting worker for the purposes of that sub-paragraph at the time when the agreement is entered into, had given her employer an opting-out notice before that time and is an opted-out betting worker on the day on which she returns to work as mentioned in paragraph 10 of Schedule 13 to the 1978 Act (maternity).
F16614
If—
a
under the contract of employment under which a betting worker who satisfies the conditions in paragraph 2(2)(a) and (b) above was employed on the day before the commencement date, the employer is, or may be, required to provide him with betting work for a specified number of hours each week,
b
under that contract, the betting worker was or might have been required to work on Sunday before the commencement date, and
c
the betting worker has done betting work on Sunday in that employment (whether or not before the commencement date) but has, on or after the commencement date, ceased to do so,
then, so long as the betting worker remains a protected betting worker, that contract shall not be regarded as requiring the employer to provide him with betting work on weekdays in excess of the hours normally worked by the betting worker on weekdays before he ceased to do betting work on Sunday.
F16715
1
If—
a
under the contract of employment under which a betting worker who satisfies the conditions in paragraph 2(2)(a) and (b) above was employed on the day before the commencement date, the betting worker was or might have been required to work on Sunday before that date,
b
the betting worker has done betting work on Sunday in that employment (whether or not before the commencement date) but has, on or after the commencement date, ceased to do so, and
c
it is not apparent from the contract what part of the remuneration payable, or of any other benefit accruing, to the betting worker was intended to be attributable to betting work on Sunday,
then, so long as the betting worker remains a protected betting worker, that contract shall be regarded as enabling the employer to reduce the amount of remuneration paid, or the extent of the other benefit provided, to the betting worker in respect of any period by the proportion which the hours of betting work which (apart from this Schedule) the betting worker could have been required to do on Sunday in the period (in this paragraph referred to as “the contractual Sunday hours”) bears to the aggregate of those hours and the hours of work actually done by the betting worker in the period.
2
Where, under the contract of employment, the hours of work actually done on weekdays in any period would be taken into account in determining the contractual Sunday hours, they shall be taken into account in determining the contractual Sunday hours for the purposes of sub-paragraph (1) above.
F168Proceedings for contravention of paragraph 10
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F16916
Sections 22B and 22C of the 1978 Act (which relate to proceedings brought by an employee on the ground that he has been subjected to a detriment in contravention of section 22A of that Act) shall have effect as if the reference in section 22B(1) to section 22A included a reference to paragraph 10 above.
F170Restrictions on contracting out of Schedule
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F17117
1
Any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—
a
to exclude or limit the operation of any provision of this Schedule, or
b
to preclude any person from presenting a complaint to an industrial tribunal by virtue of any provision of this Schedule.
2
Sub-paragraph (1) above does not apply to an agreement to refrain from presenting or continuing with a complaint where—
a
a conciliation officer has taken action under section 133(2) or (3) of the 1978 Act (general provisions as to conciliation) or under section 134(1), (2) or (3) (conciliation in case of unfair dismissal) of that Act, or
b
the conditions regulating compromise agreements under the 1978 Act (as set out in section 140(3) of that Act) are satisfied in relation to the agreement.
F172Transitional modifications relating to maternity cases
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F17318
1
Where—
a
an employee exercises a right to return to work under Part III of the 1978 Act (maternity), and
b
because amendments of that Part made by the Trade Union M18Reform and Employment Rights Act 1993 (in this paragraph referred to as “the 1993 Act”) do not have effect in her case, her right is a right to return to work in the job in which she was employed under the original contract of employment,
the preceding provisions of this Schedule shall have effect subject to the modifications in sub-paragraphs (2) and (3) below.
2
In paragraph 1(4), for “her contract of employment on the last day of her maternity leave period” there shall be substituted “her original contract of employment”.
3
In paragraph 2(7), for paragraph (b) there shall be substituted—
”
under her original contract of employment, she was a betting worker and was not employed to work only on Sunday.”
4
In this paragraph and in paragraphs 1 and 2 above as modified by sub-paragraphs (2) and (3) above, “original contract of employment” has the meaning given by section 153(1) of the 1978 Act as originally enacted.
F174Dismissal on grounds of assertion of statutory right
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F17519
In section 60A of the 1978 Act (dismissal on grounds of assertion of statutory right) in subsection (4)(a), after “or” at the end of paragraph (i) there shall be inserted—
- ”ia
Schedule 5A to the Betting, M19 Gaming and Lotteries Act 1963, or”.
F176Dismissal procedures agreements
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F17720
In section 65 of the 1978 Act (exclusion in respect of dismissal procedures agreement) in subsection (4), after “section 60A(1)” there shall be inserted “ or the right conferred by paragraph 7 or 8 of Schedule 5A to the Betting, Gaming and Lotteries Act M20 1963”.
F178Conciliation
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F17921
In section 133 of the 1978 Act (general provisions as to conciliation officers) after “or” at the end of paragraph (a) there shall be inserted—
”
arising out of a contravention, or alleged contravention, of paragraph 10 of Schedule 5A to the Betting, Gaming and Lotteries Act 1963; or”.
F180Application of certain other provisions of 1978 Act
Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.
F18122
In the following provisions of the 1978 Act—
section 129 (remedy for infringement of certain rights),
section 141(2) (employee ordinarily working outside Great Britain), and
section 150 and Schedule 12 (death of employee or employer),
any reference to Part II of the 1978 Act includes a reference to paragraph 10 of this Schedule.
F114C13SCHEDULE 5ZA LICENSING OF INTER-TRACK BETTING SCHEMES
Sch. 5ZA inserted (7.1.1996) by S.I. 1995/3231, art. 5(6), Sch.1
Sch. 5ZA: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
Licensing authorities
1
Each of the following councils shall be the licensing authority for their area for the purposes of this Schedule, that is to say—
a
in England and Wales, the council of any county so far as they are the council for an area for which there are no district councils, the council of any county borough, district or London borough and the Common Council of the City of London;
b
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 F113.
Applications
2
1
An application for a scheme licence shall be made—
a
by the person who proposes to operate the scheme; and
b
to the licensing authority for the area in which the proposed centre of operation of the scheme is situated.
2
An application for a scheme licence shall—
a
be in such form, and contain such information, as the licensing authority to whom it is made may require; and
b
be accompanied by a copy of the scheme and such fee as the applicant may be required to pay under paragraph 18(1) of this Schedule.
3
Not later than seven days after the date when an application for a scheme licence is made, the applicant shall send a copy of the application, and of the scheme to which it relates—
a
to the appropriate chief officer of police; and
b
in the case of a renewal application, to the person appointed to carry out in relation to the scheme to which the existing licence relates the functions under this Schedule of a scheme accountant.
Proceedings before the licensing authority
3
1
A licensing authority may only consider an application for a scheme licence at a meeting of which at least seven days’ notice has been given to the applicant and the appropriate chief officer of police.
2
At any meeting of a licensing authority to consider an application for a scheme licence, the applicant and the appropriate chief officer of police shall be entitled to be heard, either in person or by a representative.
Grant or refusal
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—
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
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.
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.
Duration
7
1
A scheme licence shall continue in force for a period of 5 years beginning with the date on which it was granted, unless the licensing authority by whom it was granted revoke or cancel it.
2
Where a person makes a renewal application and the application is not disposed of or withdrawn before the date on which the existing licence is due to expire, sub-paragraph (1) of this paragraph shall have effect in relation to it as if the reference to the end of the 5 year period were a reference to the date on which the application is disposed of or withdrawn.
Scheme accountant and scheme technical adviser
8
1
A licensing authority, in the case of each inter-track betting scheme in respect of which they grant a licence under this Schedule—
a
shall appoint an appropriate qualified accountant to carry out in relation to the scheme the functions under this Schedule of a scheme accountant; and
b
may appoint an appropriate person to carry out in relation to the scheme the functions under this Schedule of a scheme technical adviser.
2
A licensing authority shall, before appointing a person to carry out in relation to an inter-track betting scheme the functions under this Schedule of a scheme technical adviser, consult with the person appointed by them to carry out in relation to the scheme the functions under this Schedule of a scheme accountant.
3
A person appointed under sub-paragraph (1) of this paragraph shall hold office on such terms (including terms as to remuneration) as may be determined by the appointing authority after consultation with the relevant licensee.
4
The remuneration of a person appointed under sub-paragraph (1) of this paragraph shall be payable by the appointing authority, but they may recover any sum which they pay by way of such remuneration as a debt due to them from the relevant licensee.
5
In sub-paragraph (1) of this paragraph, “appropriate”means—
a
independent of the relevant licensee; and
b
appearing to the appointing authority to have suitable knowledge and experience.
6
In this paragraph—
a
“remuneration” includes expenses; and
b
references to the relevant licensee, in relation to an appointment under sub-paragraph (1) of this paragraph, are to the person who holds the licence under this Schedule in respect of the scheme for which the appointment is made.
9
1
A scheme accountant for an inter-track betting scheme shall be responsible for scrutinising the operation of the scheme and, in particular, shall—
a
examine all information supplied to him under the scheme or this Schedule; and
b
carry out or cause to be carried out such inspections as he considers necessary, for the purpose of ascertaining whether the terms of the scheme are being complied with.
2
Where a scheme accountant for an inter-track betting scheme —
a
has reason to believe that the terms of the scheme are not being complied with; or
b
becomes aware of any information which is relevant to the functions of the licensing authority,
he shall report the matter to the licensing authority forthwith.
3
A scheme accountant for an inter-track betting scheme shall make a report to the relevant licensing authority—
a
as soon as reasonably practicable after each anniversary of the grant of a licence under this Schedule in respect of the scheme; and
b
as soon as reasonably practicable after receiving notice under paragraph 2(3)(b) of this Schedule.
4
A report under sub-paragraph (3)(a) of this paragraph shall cover the period since the grant of the licence or, as the case may be, since the end of the period covered by the previous report under that provision relating to the scheme.
5
A report under sub-paragraph (3)(b) of this paragraph shall cover the period since the end of the period covered by last report under sub-paragraph (3)(a) of this paragraph relating to the scheme.
6
A report under sub-paragraph (3) of this paragraph shall —
a
state whether the person making the report—
i
has reason to believe that the terms of the scheme have not been complied with during the period covered by the report; or
ii
has become aware during that period of any information which is relevant to the functions of the licensing authority;
and
b
if, in either case, he has, give particulars.
7
A scheme accountant for an inter-track betting scheme shall, at any time when there is a scheme technical adviser for the scheme, carry out his functions under sub-paragraphs (1)(b) and (3) of this paragraph in consultation with that person.
8
A scheme accountant for an inter-track betting scheme and a scheme technical adviser for such a scheme shall give to the relevant licensing authority such information and advice in connection with the authority’s functions under this Schedule as the authority may reasonably require.
9
In this paragraph, “relevant licensing authority”, in relation to a scheme accountant or scheme technical adviser, means the licensing authority by whom he is appointed.
Notification of change in licensee’s directors
10
If, where the holder of a scheme licence is a body corporate, any change occurs in—
a
the persons who are its directors; or
b
the persons in accordance with whose directions or instructions its directors are accustomed to act,
it shall, as soon as reasonably practicable after the occurrence of the change, give particulars in writing of the change to the licensing authority by whom the licence was granted, the appropriate chief officer of police and the person appointed to carry out in relation to the scheme the functions under this Schedule of a scheme accountant.
Revocation
11
1
The licensing authority by whom a scheme licence was granted shall revoke it if they are satisfied—
a
that the licensee is not a fit and proper person to operate an inter-track betting scheme; or
b
that the licensee is not likely to be capable of, and diligent in, securing that the terms of the scheme to which the licence relates are observed,
or if the scheme to which the licence relates does not have its centre of operation in the authority’s area.
2
The licensing authority by whom a scheme licence was granted may revoke it if it appears to them—
a
that any information given to them by the licensee in, or in connection with—
i
the application for the licence; or
ii
where the application was a renewal application, any previous relevant application,
was false in a material particular;
b
having regard to the operation of the scheme to which the licence relates, that it does not afford to persons making bets under it such protection as is mentioned in paragraph 4(1)(d) of this Schedule;
c
that any provision of the scheme to which the licence relates with respect to the rights of a person who has, in relation to the scheme, the functions under this Schedule of a scheme accountant or scheme technical adviser has not been complied with; or
d
that there has been any failure on the part of the licensee to comply with the obligation imposed by paragraph 10 of this Schedule;
or if any fee which is payable to them under paragraph 18(2) of this Schedule in respect of the licence has not been duly paid.
3
A licensing authority shall, before revoking a scheme licence under this paragraph, given the licensee an opportunity to be heard.
4
At any hearing for the purposes of sub-paragraph (3) of this paragraph, the licensee shall be entitled to be heard either in person or by a representative.
5
In sub-paragraph (2)(a)(ii) of this paragraph, the reference to any relevant previous application is to any previous application for the grant of a scheme licence made—
a
by the same person;
b
to the same licensing authority; and
c
in respect of the same scheme,
as the renewal application.
12
If a licensing authority revoke a scheme licence, they shall notify the revocation and the reason for it in writing to—
a
the licensee; and
b
the appropriate chief officer of police.
Cancellation
13
1
The licensing authority by whom a scheme licence was granted shall cancel it if requested to do so by the licensee.
2
If the licensing authority by whom a scheme licence was granted cancel the licence, they shall notify the cancellation in writing to the appropriate chief officer of police.
Appeals
14
1
Where a licensing authority in England and Wales—
a
refuse an application for a scheme licence; or
b
revoke a scheme licence,
the applicant or, as the case may be, the licensee may appeal against the decision to the Crown Court.
2
An appeal under this paragraph shall be commenced by giving notice to—
a
the appropriate officer of the Crown Court; and
b
the licensing authority whose decision it is desired to appeal against,
within twenty-one days of the applicant or, as the case may be, the licensee being notified by that authority of their decision.
15
1
Where a licensing authority in Scotland—
a
refuse an application for a scheme licence; or
b
revoke a scheme licence,
the applicant or, as the case may be, the licensee may appeal against the decision to the sheriff having jurisdiction in the relevant area.
2
An appeal under this paragraph shall be made within such time, and in accordance with such rules, as may be prescribed by the Court of Session by act of sederunt.
3
On an appeal under this paragraph, the decision of the sheriff shall be final and may include such order as to the expenses of the appeal as he thinks proper.
4
In sub-paragraph (1) of this paragraph, the reference to the relevant area is to the area in which the scheme’s centre of operation is proposed to be or, as the case may be, is situated.
16
1
Where a licensing authority revoke a scheme licence, the revocation shall not have effect until the end of the time within which notice of appeal may be given and, if such notice is given, until the determination or abandonment of the appeal.
2
If, on an appeal against the decision of a licensing authority to revoke a scheme licence, the Crown Court or, as the case may be, the sheriff confirms the decision of the licensing authority, the court or the sheriff may, if it or he thinks fit, order that the revocation shall be postponed until the end of a further period not exceeding two months from the date of the order.
17
1
Where a licensing authority refuse a renewal application, the existing licence shall not expire until the end of the time within which notice of appeal may be given and, if such notice is given, until the determination or abandonment of the appeal.
2
If, on an appeal against the decision of a licensing authority to refuse a renewal application, the Crown Court or, as the case may be, the sheriff confirms the decision of the licensing authority, the court or the sheriff may, if it or he thinks fit, order that the expiry of the existing licence shall be postponed for a period not exceeding two months from the date of the order.
Fees
18
1
A person who applies for a scheme licence shall pay to the licensing authority to whom the application is made such reasonable fee as the authority may determine.
2
The holder of a scheme licence shall—
a
on each anniversary of the grant of the licence; and
b
where the licence terminates otherwise than on the anniversary of its grant, on its termination,
pay to the licensing authority by whom it was granted such reasonable fee as the authority may determine.
Interpretation
19
In this Schedule—
“appropriate chief officer of police”means—
- i
in relation to an application for a scheme licence, the chief officer of police for the police area in which the scheme’s proposed centre of operation is situated; and
- ii
in relation to a scheme licence, the chief officer of police for the police area in which the scheme’s centre of operation was, at the time of the application for the licence, proposed to be situated;
- i
“centre of operation”, in relation to an inter-track betting scheme, means the place, or principal place, from which the operation of the scheme is carried on;
“existing licence”, in relation to a renewal application, means the licence under this Schedule which the applicant holds in respect of the scheme to which the application relates;
“participating track”, in relation to an inter-track betting scheme, means a licensed track which participates in the scheme;
“renewal application” means an application which is made —
- a
by a person who holds a licence under this Schedule in respect of an inter-track betting scheme which is the same as that to which the application relates; and
- b
to the licensing authority by whom the licence was granted;
- a
“scheme accountant” means a person appointed under paragraph 8(1)(a) of this Schedule;
“scheme licence” means a licence under this Schedule in respect of an inter-track betting scheme; and
“scheme technical adviser” means a person appointed under paragraph 8(1)(b) of this Schedule.
F115F115SCHEDULE 6
Sch. 6 repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115
F116F116SCHEDULE 7
Sch. 7 repealed by Lotteries Act 1975 (c. 58), Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116
F117F117SCHEDULE 8
Sch. 8 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117
Sch. 1 amended by Gaming Act 1968 (c. 65), s. 11, Sch. 2 para. 1(1), Sch. 3 para. 1(1)