Betting, Gaming and Lotteries Act 1963

SCHEDULES

Sections 2, 9.

[F1 SCHEDULE 1 E+W+S Bookmaker’s Permits, Betting Agency Permits and Betting Office Licences

Textual Amendments

F1 Act repealed (1.1.2007 for the repeal of Sch. 2 para. 10, 1.9.2007 in so far as not already in force) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-12, Sch. 4); S.I. 2006/3272. art. 3 (as amended by S.I. 2007/2169, art. 4)

Modifications etc. (not altering text)

C1 Sch. 1 amended by Gaming Act 1968 (c. 65), s. 11, Sch. 2 para. 1(1), Sch. 3 para. 1(1)

Introductory E+W+S

1 E+W+S The authority responsible for the grant or renewal of bookmaker’s permits, betting agency permits and betting office licences shall be—

(a) in any [F2 local justice] area in England, a committee constituted in the prescribed manner of not less than five nor more than fifteen of the justices [F3 acting in] that area, who may sit in two or more divisions, the quorum at any meeting of that committee or a division thereof being three;

[F4 (b) in any area in Scotland, the licensing board for that area constituted under section 1 of the M1 Licensing (Scotland) Act 1976.]

Textual Amendments

F2 Words in Sch. 1 para. 1(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 115(2)(a); S.I. 2005/910, art. 3(y)

F3 Words in Sch. 1 para. 1(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 115(2)(b); S.I. 2005/910, art. 3(y)

F4 Para. 1(b) substituted by Licensing (Scotland) Act 1976 (c. 66), s. 133(1)

Marginal Citations

M1 1976 c. 66

2 E+W+S In this Schedule, the following expressions have the following meanings respectively, that is to say—

• “appropriate authority” means such a committee or [F5 court][F5 board] 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[F6 , renewal or cancellation] of a betting office licence, means, subject to paragraph 10 of this Schedule, the committee or [F5 court][F5 board] such as aforesaid for the [F7 local justice] 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 F8 ... [F9 London 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)

  [F10 in Scotland, [F11 the 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;]]

• “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;

(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;

• [F12 “the proper officer of the appropriate authority” means—

  (a)

  in England, the [F13 designated officer for] the justices comprising the committee referred to in paragraph 1 of this Schedule; and

  (b)

  in Scotland, the clerk to the licensing court;]

• “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[F14 , renewal or cancellation] of a betting office licence, the premises in respect of which the application is made.

Textual Amendments

F5 Word substituted (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 72:2), s. 28(1), Sch. 2 para. 5

F6 Words in the definition of “appropriate authority” in Sch. 1 para. 2 substituted (1.9.1997) by S.I. 1997/947, art. 5(2)(a)

F7 Words in Sch. 1 para. 2 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 115(3)(a); S.I. 2005/910, art. 3(y)

F8 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F9 Words substituted by London Government Act 1963 (c. 33), Sch. 17 para. 28(c)

F10 Para. 2(b) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 25(2)

F11 Words in the definition of “appropriate local authority” in Sch. 1 para. 2 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(2); S.I. 1996/323, art. 4

F12 Definition in Sch. 1 para. 2 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F13 Words in Sch. 1 para. 2 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 115(3)(b); S.I. 2005/910, art. 3(y)

F14 Words in in the definition of “relevant premises” in Sch. 1 para. 2 substituted (1.9.1997) by S.I. 1997/497, art. 5(2)(b)

Modifications etc. (not altering text)

C2 Para. 2 amended as to para. (a) of definition of “clerk to the appropriate authority” by Adminstration of Justice Act 1964 (c. 42), Sch. 3 Pt. II para. 29

Applications for grant of permit or licence E+W+S

3 E+W+S 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 E+W+S 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.

5 E+W+S Any such application as aforesaid may be made at any time and shall be made to the [F15 proper officer of] 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 [F16 level 3 on the standard scale].

Textual Amendments

F15 Words in Sch. 1 para. 5 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F16 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C3 Para. 5 amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

6 E+W+S 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 [F17 proper officer of] 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.

Textual Amendments

F17 Words in Sch. 1 para. 6 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 35(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

7 E+W+S 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 [F18 proper officer of] 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 [F18 proper officer of] 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 [F19 proper officer] has received from any person an objection in writing which has not been withdrawn and the address of that person is known to the [F19 proper officer], 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 [F19 proper officer]shall include therewith a copy of any objection to the grant of the permit or licence which has been received by the [F19 proper officer] from the appropriate officer of police, the appropriate local authority or any other person.

Textual Amendments

F18 Words in Sch. 1 para. 7 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(4)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F19 Words in Sch. 1 para. 7 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(4)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

Modifications etc. (not altering text)

C4 Para. 7(b) amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

Applications for renewal of permit or licence E+W+S

8 E+W+S 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 [F20 proper officer of] 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,

[F21 (i)] that any person who desires to object to the renewal by the authority of any particular permit or licence should send to the [F20 proper officer of] the authority before the same date two copies of brief statement in writing of the grounds of his objection [F22 , 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 [F20 proper officer of] the authority instead of at the meeting.]

Textual Amendments

F20 Words in Sch. 1 para. 8 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(5) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F21 Words from “that” to the end in Sch. 1 para. 8 renumbered as para. 8(b)(i) by S.I. 1997/947, art. 3(2)

F22 Sch. 1 para. 8(b)(ii) and the word preceding it inserted (1.9.1997) by S.I. 1997/947, art. 3(2)

9 E+W+S 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 [F23 proper officer of] 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 [F23 proper officer of] 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 [F24 proper officer], 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.

Textual Amendments

F23 Words in Sch. 1 para. 9 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(6)(a) (with s. 107, Sch. 14 para.7(2)); S.I. 2001/916, art. 2(a)(ii)

F24 Words in SCh. 1 para. 9(a) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(6)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

10 E+W+S 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 E+W+S

11 E+W+S 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 [F25 proper officer of] 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.

Textual Amendments

F25 Words in Sch. 1 para. 11(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(7) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

Modifications etc. (not altering text)

C5 Para. 11 amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

12 E+W+S 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 [F26 proper officer]and to the applicant, and the applicant has had time to consider, a brief statement in writing of the grounds of his objection.

Textual Amendments

F26 Words in Sch. 1 para. 12 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(8) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

13 E+W+S 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 E+W+S 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 E+W+S

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

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

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

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

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

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

(i) of a bookmaker’s permit under paragraph 16(1)(a) [F27 or 18A] of this Schedule; or

(ii) of a betting agency permit under paragraph 17(b) [F27 or 18A] of this Schedule; or

[F28 (ee) has within the immediately preceding twelve months been refused the renewal of a bookmaker’s permit under section 4 of the M2 Horserace Betting Levy Act 1969 and has not obtained the approval of the Levy Board to his application.]

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

Textual Amendments

F27 Words in Sch. 1 para 15(e) inserted (21.12.1993) by 1993 c. 39, s. 18(2); S.I. 1993/2632, art.3.

F28 Para. 15(ee) added with saving by Horserace Betting Levy Act 1969 (c. 14), s. 4(4)(5)

Marginal Citations

M2 1969 c. 14.

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

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

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

(2) In considering for the purposes of any application for the renewal of a bookmaker’s permit whether any person is or is not a fit and proper person to be the holder of such a permit, the authority shall have regard to whether or not that person has discharged all his liabilities, if any, [F29 under assessments to] the bookmakers’ levy referred to in section 27 of this Act, and to the circumstances in which any failure to discharge any of those liabilities arose.

Textual Amendments

F29 Words substituted by Horserace Betting Levy Act 1981 (c. 30, SIF 12:1), s. 4(6), Sch. para. 3

Modifications etc. (not altering text)

C6 Para. 16(1) extended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

C7 Para. 16(2) saved by Horserace Betting Levy Act 1969 (c. 14), s. 4(5)

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

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

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

Modifications etc. (not altering text)

C8 Para. 17(b) extended by Finance Act 1966 (c. 18), Sch. 3 Pt. 1 para. 6

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

(a) any conviction for an offence under the M3 Betting Act 1853, or under section 393 or 407 of the M4 Burgh Police (Scotland) Act 1892, section 51 of the M5 Burgh Police (Scotland) Act 1903 or any corresponding provision of any local Act;

(b) any conviction for an offence under the M6 Street Betting Act 1906, unless the offence was committed after 1st December 1961; and

(c) any conviction for an offence under section 1(2) of the M7 Betting and Gaming Act 1960 committed before the said 1st December,

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

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

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

Marginal Citations

M3 1853 c. 119.

M4 1892 c. 55.

M5 1903 c. 33.

M6 1906 c. 43.

M7 1960 c. 60.

[F30 18A (1) In the case of an application for the renewal of a bookmaker’s permit or a betting agency permit, the appropriate authority shall refuse the application if they are satisfied that the applicant or an employee of his has, since the permit was granted, received or negotiated a bet on the outcome of any lottery forming part of the National Lottery for the purposes of Part I of the National Lottery etc. Act 1993. E+W+S

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

Textual Amendments

F30 Sch. 1 para. 18A inserted (21.12.1993) by 1993 c. 39, s. 18(3); S.I. 1993/2632, art.3 (with art. 4).

Grounds for refusal to grant or renew betting office licence E+W+S

19 E+W+S 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

(ii) that the grant [F31 or renewal][F31 (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.

Textual Amendments

F31 Words “(if the” to “application)” subsituted (prosp.) for words “or renewal” by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 3(2)(3)

Modifications etc. (not altering text)

C9 Para. 19(b)(ii) excluded (prosp.) by Horserace Totalisator and Betting Levy Boards Act 1972 (c. 69), s. 3(1)(3)

Grant or renewal of permit or licence E+W+S

20 (1) 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 [F32 proper officer of] the authority of a fee of— E+W+S

[F33 (a) 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.

[F34 (1A) 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) The [F35 proper officer of]any appropriate authority in Scotland shall pay over all fees received by him under this paragraph to the local authority liable under section 21 of the M8 Licensing (Scotland) Act 1959 to defray the expenses of that appropriate authority; . . . F36

Textual Amendments

F32 Words in Sch. 1 para. 20(1) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 35(9) (a)(with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F33 Sch. 1 para. 20(1)(a)-(e) substituted (10.2.1997) by S.I. 1997/42, art. 2; S.I. 1997/77, art. 2

F34 Sch. 1 para. 20(1A) inserted by Betting, Gaming and Lotteries (Amendment) Act 1984 (c. 25, SIF 12:1), s. 3

F35 Words in Sch. 1 para. 20(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 35(9)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F36 Words repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2

Modifications etc. (not altering text)

C10 Sch. 1 para. 20(1) excluded by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 12(2), Sch. 1 para. 15(4)

C11 Functions conferred by Sch. 1 para. 20(1A) transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1

Marginal Citations

M8 1959 c. 51.

[F37 Unopposed applications for renewal E+W+S

Textual Amendments

F37 Sch. 1 para. 20A inserted (1.9.1997) by S.I. 1997/947, art. 3(1)

20A (1) Where— E+W+S

(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 [F38 proper officer of]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 [F38 clerk to the authority 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.

[F39 (5) For the purposes of this paragraph, the clerk to the appropriate authority, where the authority is a committee of the justices acting [F40 in a local justice area, is a justices' clerk designated by the Lord Chancellor in relation to the committee].]]

Textual Amendments

F38 Words in Sch. 1 para. 20A(1) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(10)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F39 Sch. 1 para. 20A(5) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(10)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F40 Words in Sch. 1 para. 20A(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 115(4); S.I. 2005/910, art. 3(y)

Appeals against refusals in England E+W+S

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 [F41 twenty-one days] of being so notified the applicant may by notice to the [F42 proper officer of] the authority appeal against the refusal to [F43 the Crown Court]. E+W+S

(2) As soon as practicable after receiving notice of appeal against the refusal, the [F42 proper officer of] the authority shall send the notice to [F44 the 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.

(3) On receipt of the notice of appeal, [F44 the 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) [F43 The Crown Court] may by its order either—

(a) confirm the refusal; or

(b) on payment by the appellant to [F44 the appropriate officer of the Crown Court] for transmission to the [F42 proper officer of] 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 [F43 the Crown Court]on the appeal shall be final.

(5) 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 [F43 the Crown Court] under this paragraph shall be treated as if it were a grant or renewal by the appropriate authority who refused it.

Textual Amendments

F41 Words stand in the text by virtue of S.I. 1982/1109, rules 6, 7, Sch. 3 Pt. II

F42 Words in Sch. 1 para. 21(1)(2)(4)(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F43 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. 1

F44 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2

Modifications etc. (not altering text)

C12 Para. 21(3) amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

C13 The text of Sch. 1 para. 21(5), now spent, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 Sch. 1 para. 22 repealed by S.I. 1971/1292

23 (1) Where, in the case of an appeal under paragraph 21 of this Schedule with respect to a betting office licence, [F46 the Crown Court]— E+W+S

(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 [F47 central 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)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F46 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. 1

F47 Words substituted by Courts Act 1971 (c. 23), Sch. 6 para. 6

F48 Sch. 1 para. 23(2)– (4) repealed by the Courts Act 1971 (c. 23), Sch. 11 Pt. III

Appeals against refusals in Scotland E+W+S

24 (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. E+W+S

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(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.

Textual Amendments

F49 Sch. 1 para. 24(2) repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8

Modifications etc. (not altering text)

C14 Para. 24 applied by Licensing (Scotland) Act 1976 (c. 66), s. 133(4)

Notification of change in directors during currency of bookmaker’s permit E+W+S

25 E+W+S 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 [F50 proper officer of] 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 [F51 level 1 on the standard scale].

Textual Amendments

F50 Words in Sch. 1 para. 25 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F51 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C15 Para. 25 amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

Notification of change of relevant premises during currency of permit E+W+S

[F52 25A 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.]

Textual Amendments

F52 SCh. 1 para. 25A inserted (1.9.1997) by S.I. 1997/947, art. 4(1)

Cancellation of bookmaker’s permit by appropriate authority E+W+S

26 E+W+S If in the case of any bookmaker’s permit an application is made at any time to the [F53 proper officer of] 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 [F53 proper officer of] 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.

Textual Amendments

F53 Words in s. 26 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(c) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

27 (1) Where an application for the cancellation of a permit is referred to the appropriate authority under the last foregoing paragraph, the [F54 proper officer of] 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. E+W+S

(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 [F55 ; or]

(c) [F55 the 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.

Textual Amendments

F54 Words in Sch. 1 para. 27(1) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(c) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F55 Sch. 1 para. 27(4)(c) inserted (21.12.1993) by 1993 c. 39, s. 18(4); S.I. 1993/2632, art. 3 (with art. 4).

Modifications etc. (not altering text)

C16 Para. 27(1)(2) amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

C17 Para. 27(4)(a) extended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

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 [F56 the Crown Court] (or in Scotland the sheriff), whose decision on the appeal shall be final. E+W+S

(2) Paragraphs 21 (except sub-paragraphs (4) and (6) thereof), and . . . F57 , 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.

Textual Amendments

F56 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. 1

F57 Words repealed by S.I. 1971/1292

Cancellation of betting office licence by appropriate authority E+W+S

[F58 28A (1) This paragraph applies where—

(a) a person makes an application to the [F59 proper officer of]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 [F59 proper officer of] 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.]

Textual Amendments

F58 Sch. 1 paras. 28A-28D inserted (1.9.1997) by S.I. 1997/947, art. 5(1)

F59 Words in Sch. 1 para. 28A(1)(a)(2) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(d) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F60 28B (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. E+W+S

(2) Unless the application is withdrawn, the [F61 proper officer of] 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 [F61 proper officer of] 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.

Textual Amendments

F60 Sch. 1 paras. 28A-28D inserted (1.9.1997) by S.I. 1997/974, art. 5(1)

F61 Words in Sch. 1 para. 28B(2) and (3) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(d) (with s. 107, Sch. 14 para. 107(2)); S.I. 2001/916, art. 2(a)(ii)

F62 28C (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 [F63 proper officer of] the authority appeal against the refusal to the Crown Court. E+W+S

(2) As soon as practicable after receiving notice of appeal under sub-paragraph (1) of this paragraph, the [F63 proper officer of] 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.

Textual Amendments

F62 Sch. 1 paras. 28A-28D inserted (1.9.1997) by S.I. 1997/947, art. 5(1)

F63 Words in Sch. 1 para. 28C(1) and (2) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(d) (with s. 107, Sch. 14 para. 107(2)); S.I. 2001/916, art. 2(a)(ii)

F64 28D (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. E+W+S

(2) The decision of the sheriff on an appeal under this paragraph shall be final.

Textual Amendments

F64 Sch. 1 paras. 28A-28D inserted (1.9.1997) by S.I. 1997/947, art. 5(1)

Duration of permit or licence E+W+S

29 F65 [(1)] 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 [F66 the 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. E+W+S

[F67 (2) In this paragraph “licensing period” means the period of three years beginning with 1st June 1997 and each successive period of three years.]

Textual Amendments

F65 Sch. 1 para. 29 renumbered as Sch. 1 para. 29(1) (1.9.1997) by S.I. 1997/947, art. 6(3).

F66 Words in Sch. 1 para. 29 substituted (1.9.1997) by S.I. 1997/947, art. 6(2)

F67 Sch. 1 para. 29(2) added (1.9.1997) by S.I. 1997/947, art. 6(3)

Modifications etc. (not altering text)

C18 Sch. 1 para. 29 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 2(1), 3(1)(2)

30 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S

34 E+W+S The [F68 proper officer of] 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.

Textual Amendments

F68 Words in Sch. 1 para. 34 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(e) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

Modifications etc. (not altering text)

C19 Para. 34 amended by Finance Act 1966 (c. 18), Sch. 3 Pt. I para. 6

Service of documents E+W+S

35 E+W+S Any provision of this Schedule requiring any notice or other document to be given or sent to any person F69 . . . 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.

Textual Amendments

F69 Words in SCh. 1 para. 35 repealed (1.9.1997) by S.I. 1997/947, art. 4(2)

Provision of information E+W+S

36 E+W+S The [F70 proper officer of] 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.

Textual Amendments

F70 Words in Sch. 1 para. 36 substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(f) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

37 F71 F72 [(1)] The [F73 proper officer of] 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 [F74 relevant 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. E+W+S

F71 [(2) In this paragraph “relevant period” means the period of three years beginning with 1st June 1997 and each successive period of three years.]]

Textual Amendments

F71 Sch. 1 para. 37(2) added (1.9.1997) by S.I. 1997/947, art. 7(3)

F72 Sch. 1 para. 37 renumbered as para. 37(1) (1.9.1997) by S.I. 1997/947, art. 7(3)

F73 Words in Sch. 1 para. 37(1) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 35(11)(f); (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F74 Words in Sch. 1 para. 37 substituted (1.9.1997) by S.I. 1997/947, art. 7(2)

Section 4.

[F1 SCHEDULE 2 E+W+S Registered Pool Promoters

Modifications etc. (not altering text)

C20 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 E+W+S

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— S

(a) in England, the council of any [F75 district or London borough and the Common Council of the City of London];

(b) in Scotland, [F76 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.].

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

Textual Amendments

F75 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 13(1)

F76 Words in Sch. 2 para. 1(1)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(3); S.I. 1996/323, art. 4

F77 Sch. 2 para. 1(2) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 26, Sch. 29

F78 Sch. 2 para. 1 (3)(4) repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 26, Sch. 29

F79 Sch. 2 para. 1(5) repealed by Police Act 1964 (c. 48), Schs. 9, 10 Pt. I

F80 Sch. 2 paras. 1(6), 2 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 26, Sch. 29

2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Textual Amendments

F81 Sch. 2 paras. 1(6), 2 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 26, Sch. 29

3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82 E+W+S

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

F82 Sch. 2 para 3(1) repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I and Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 26, Sch. 29

F83 Sch. 2 para. 3(2) repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch.24 para. 26. Sch. 29

Interpretation E+W+S

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. E+W+S

(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 E+W+S

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. E+W+S

(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 M9 Pool 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.

Marginal Citations

M9 1954 c. 33.

6 E+W+S 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, [F84 and 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].

Textual Amendments

F84 Words stand in the text by virtue of S.I. 1982/1109, rules 6, 7, Sch. 3 Pt. II

7 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S

F1 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 E+W+S 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 [F85 £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.

Textual Amendments

F85 Words in Sch. 2 para. 11 substituted (E.W.) (2.12.1991) by S.I. 1991/2175, art. 2 and (S.) (2.12.1991) by S.I. 1991/2495,art. 2

Modifications etc. (not altering text)

C21 Power to amend para. 11 given by Local Government Act 1966 (c. 42), s. 35(2), Sch. 3 Pt. II and Local Government (Scotland) Act 1966 (c. 51), s. 42(2), Sch. 4 Pt. 11

Appointment of accountant by registering authority E+W+S

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. E+W+S

(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 E+W+S

13 E+W+S 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;

[F86 (e) 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 [F87 to the Commissioners of Customs and Excise and] to the accountant before the first of the relevant sporting or other events takes place.

Textual Amendments

F86 Sch. 2 para. 13(e) substituted (14.11.1994) by 1993 c. 39, s. 58(2); S.I. 1994/2659, art.2

F87 Words inserted by Finance Act 1967 (c. 54), s. 7(8)

[F88 13A (1) In any competition the total amount payable by way of winnings shall be the aggregate of— E+W+S

(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.]

Textual Amendments

F88 Sch. 2 para. 13A inserted (14.11.1994) by 1993 c. 39, s. 58(3); S.I. 1994/2659, art.2

14 F89 [(1)] Notwithstanding anything in paragraph 13(d) or (e) [F90 or 13A] of this Schedule, the rules applicable to any competition may provide— E+W+S

(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 [F91 20 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 [F91 20 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 [F92 paragraph 13A] to such extent as is reasonably necessary having regard to any such provision of the rules applicable thereto as is mentioned in [F91 paragraph (c) of this sub-paragraph].

F89 [(2) 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.]

Textual Amendments

F89 Sch. 2 para. 14 renumbered as para. 14(1) and para. 14(2) added (14.11.1994) by 1993 c. 39, s. 59(4); S.I. 1994/2659, art. 2

F90 Words in Sch. 2 para. 14 inserted (14.11.1994) by 1993 c. 39, s. 58(4)(a); S.I. 1994/2659, art. 2

F91 Words in Sch. 2 para. 14 substituted (14.11.1994) by 1993 c. 39, s. 59(2)(3); S.I. 1994/2659, art. 2

F92 Words in Sch. 2 para. 14 substituted (14.11.1994) by 1993 c. 39, s. 58(4)(b); S.I. 1994/2659, art. 2

[F93 14A (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— E+W+S

(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.]

Textual Amendments

F93 Sch. 2 paras. 14A, 14B inserted (14.11.1994) by 1993 c. 39, s. 58(5); S.I. 1994/2659, art.2

F94 14B (1) The Secretary of State may direct that any provision made under paragraph 14A of this Schedule— E+W+S

(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.

Textual Amendments

F94 Sch. 2 paras. 14A, 14B inserted (14.11.1994) by 1993 c. 39, s. 58(5); S.I. 1994/2659, art. 2

15 E+W+S Notwithstanding anything in paragraph 13(d) or (e) [F95 or 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 [F96 paragraph 13A].

Textual Amendments

F95 Words in Sch. 2 para. 15 inserted (14.11.1994) by 1993 c. 39, s. 58(6)(a); S.I. 1994/2659, art. 2

F96 Words in Sch. 2 para. 15 substituted (14.11.1994) by 1993 c. 39, s. 58(6)(b); S.I. 1994/2659, art. 2

16 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S

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— E+W+S

(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;

[F97 (bb) 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;

F97 (bbb) 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.

Textual Amendments

F97 Sch. 2 para. 20(1)(bb)(bbb) inserted (14.11.1994) by 1993 c. 39, s. 58(7); S.I. 1994/2659, art. 2

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— E+W+S

(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, [F98 after 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.

F99 [(1A) 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.

Textual Amendments

F98 Words in Sch. 2 para. 21(1)(a) substituted (14.11.1994) by 1993 c. 39, s. 58(8)(a); S.I. 1994/2659, art.2

F99 Sch. 2 para. 21(1A) inserted (14.11.1994) by 1993 c. 39, s. 58(8)(b); S.I. 1994/2659, art.2

22 E+W+S 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— E+W+S

(a) the aggregate total stakes in all those competitions;

(b) the said aggregate total stakes [F100 after 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.

Textual Amendments

F100 Words in Sch. 2 para. 23(1)(b) substituted (14.11.1994) by 1993 c. 39, s. 58(9); S.I. 1994/2659, art. 2

24 (1) Where a registered pool promoter is a company to which [F101 [F102 section 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. E+W+S

(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; [F103 and 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.

Textual Amendments

F101 Words substituted by Companies Act 1976 (c. 69), s. 45(3), Sch. 2

F102 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F103 Words substituted by virtue of Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 Pt. II para. 25

Duties and powers of the accountant E+W+S

25 E+W+S 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 E+W+S 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. E+W+S

(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 E+W+S 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 E+W+S

29 (1) Any person who— E+W+S

(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.

(3) In England, the registering authority shall have power to take proceedings for offences under this paragraph or under section 4(2) of this Act.]

Modifications etc. (not altering text)

C22 Para. 29(3) excluded by Finance Act 1967 (c. 54), s. 7(8)(a)

Section 6.

[F1 SCHEDULE 3 E+W+S Licensing of Tracks for Betting

Modifications etc. (not altering text)

C23 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)

C24 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 E+W+S

1 E+W+S [F104 Paragraphs 1, 2 and 3][F104 Paragraph 1] of Schedule 2 to this Act shall have effect with respect to licensing authorities for the purposes of this Schedule . . . F105 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

(b) any reference in [F104 those paragraphs][F104 that paragraph] to the said Schedule 2, . . . F106 , were a reference to this Schedule.

Textual Amendments

F104 Words “Paragraph 1” and “that paragraph” substituted for words “Paragraphs 1, 2 and 3” and “those paragraphs” (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 27(1)

F105 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 16, 102(2), Sch. 8 para. 6(1)(a)(2), Sch. 17

F106 Words repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I

2 E+W+S 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 [F107 or 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.

Textual Amendments

F107 Words repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 187, Sch. 24 para. 27(1), Sch. 29

Applications for licences E+W+S

3 E+W+S 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 E+W+S 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— E+W+S

(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—

(i) the council of any [F108 county] . . . F109 in which the track or any part thereof is situated; and

(ii) the local planning authority within the meaning of the M10 Town and Country Planning Act 1962 [F110 (not being the licensing authority)] for any area which includes the track or any part thereof;

(b) if the track is situated in Scotland—

[F111 (i) the council [F112 constituted 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 [F113 planning authority] for any area which includes the track or any part thereof;]

(c) the appropriate officer or officers of police.

[F114 and for the purposes of this and the next succeeding paragraph [F115 “planning authority” has the meaning given] by section 172 of the M11 Local Government (Scotland) Act 1973.]

(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.

Textual Amendments

F108 Word substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 13(2)

F109 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 16, 102(2), Sch. 8 para. 6(1)(b)(2), Sch. 17

F110 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 6(1)(c)(2)

F111 Para. 5(2)(b)(i)(ii) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 27(2)

F112 Words in Sch. 3 para. 5(2)(b)(i) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(4)(a)(i); S.I. 1996/323, art. 4

F113 Words in Sch. 3 para. 5(2)(b)(ii) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(4)(a)(ii); S.I. 1996/323, art. 4

F114 Words inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 24 para. 27(2)

F115 Words in Sch. 3 para. 5(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 59(4)(a)(iii); S.I.1996/323, art. 4

Marginal Citations

M10 1962 c. 38.

M11 1973 c. 65.

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— E+W+S

(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) the local planning authority within the meaning of the M12 Town and Country Planning Act 1962 [F116 (not being the licensing authority)] for any area which includes the track or any part thereof;

(b) the council of any [F117 county] . . . F118 in which the track or any part thereof is situated;

(c) any other local authority whose area adjoins [F119 the 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.

In this sub-paragraph, the expression “local authority” means any of the following councils, that is to say, the council of a county, . . . F120 , [F121 London borough] or county district and the Common Council of the City of London.

[F122 (3) 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.]

Textual Amendments

F116 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 6(1)(c)(2)

F117 Word substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 13(2)

F118 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 16, 102(2), Sch. 8 para. 6(1)(b)(2), Sch. 17

F119 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 6(1)(d)(2)

F120 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F121 Words substituted by London Government Act 1963 (c. 33) Sch. 17 para. 28

F122 Sch. 3 para. 6(3) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 3 para. 59(4)(b); S.I. 1996/323, art. 4

Marginal Citations

M12 1962 c. 38.

Grant or refusal of licence E+W+S

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. E+W+S

(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) of any offence under Part I of, or Schedule 1 to, the M13 Betting and Lotteries Act 1934 or under section 7 of the M14 Betting and Gaming Act 1960; or

(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 M15 Town and Country Planning Act 1962 or under the M16 Town 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.

Marginal Citations

M13 1934 c. 58.

M14 1960 c. 60.

M15 1962 c. 38.

M16 1947 c. 53.

Duration and transfer of licences E+W+S

8 E+W+S 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.

Modifications etc. (not altering text)

C25 Sch. 3 para. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 2(1), 3(1)(2)

9 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S

12 (1) In respect of any application for a track betting licence, such fee not exceeding [F123 £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. E+W+S

(2) In respect of every such licence, such annual fee not exceeding [F124 £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 [F125 £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.

Textual Amendments

F123 Words in Sch. 3 para. 12(1) substituted (E.W.) (2.12.1991) by S.I. 1991/2175, art. 3 and (S.) (2.12.1991) by S.I. 1991/2495, art.3

F124 Words in Sch. 3 para. 12(2) substituted (E.W.) (2.12.1991) by S.I. 1991/2175, art. 4 and (S.) (2.12.1991) by S.I. 1991/2495, art.4

F125 Words in Sch. 3 para. 12(3) substituted (E.W.) (2.12.1991) by S.I. 1991/2175, art. 5 and (S.) (2.12.1991) by S.I. 1991/2495, art.5

Modifications etc. (not altering text)

C26 Power to amend para. 12 given by Local Government Act 1966 (c. 42), s. 35(2), Sch. 3 Pt. II and Local Government (Scotland) Act 1966 (c. 51), s. 42(2), Sch. 4 Pt. II

Revocation of licence and appeal therefrom E+W+S

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— E+W+S

(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 . . . F126 [F127 to 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 [F128 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 licence shall continue in force for a further period not exceeding two months from the date of the order.

Textual Amendments

F126 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F127 Words stand in the text by virtue of S.I. 1982/1109, rules 6, 7, Sch. 3 Pt. II

F128 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. 1

14, 15. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F129

Textual Amendments

F129 Sch. 3 paras. 14, 15 repealed by Betting, Gaming and Lotteries (Amendment) Act 1971 (c. 26), Sch.

Section 10.

[F1 SCHEDULE 4 E+W+S Rules for Licensed Betting Offices

1 E+W+S The licensed premises shall be closed throughout [F130 Good Friday and Christmas Day], and at such other times, if any, as may be prescribed, and [F131 , subject to paragraphs 10A to 10C of this Schedule,]shall not be used for any purpose other than the effecting of betting transactions.

Textual Amendments

F130 Words in Sch. 4 para. 1 substituted (3.1.1995) by 1994 c. 40, ss. 20(4), 40(6), 82(2)

F131 Words in Sch. 4 para. 1 inserted (20.6.1996) by S.I. 1996/1359, art. 4(2)

2 E+W+S 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 premises, 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 E+W+S 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.

F132 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132 Sch. 4 para. 4 repealed (19.4.1997) by S.I. 1997/1074, art. 6

5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

Textual Amendments

F133 Sch. 4 para. 5 repealed by S.I. 1986/11, art. 2

6 E+W+S 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.

[F134 7 (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. E+W+S

(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.

Textual Amendments

F134 Sch. 4 paras. 7–11 added by S.I. 1986/11, art. 3

8 F135 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

(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.

Textual Amendments

F134 Sch. 4 paras. 7–11 added by S.I. 1986/11, art. 3

F135 Sch. 4 para. 8(1) repealed (6.4.1995) by S.I. 1995/579, art.3

9 E+W+S 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.

Textual Amendments

F134 Sch. 4 paras. 7–11 added by S.I. 1986/11, art. 3

10 E+W+S Refreshments may be provided on the licensed premises except—

(a)

where those premises are in England and Wales, [F136 alcohol within the meaning of section 191 of the Licensing Act 2003]; or

(b)

where those premises are in Scotland, alcoholic liquor within the meaning of section 139(1) of the Licensing (Scotland) Act 1976.]

Textual Amendments

F134 Sch. 4 paras. 7–11 added by S.I. 1986/11, art. 3

F136 Words in Sch. 4 para. 10(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 31 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

[F137 10A E+W+S 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.]

Textual Amendments

F137 Sch. 4 paras. 10A-10C inserted (20.6.1996) by S.I. 1996/1359, art. 4(3)

F138 10B E+W+S Publications may be sold on the licensed premises, but only if they are racing periodicals or specialist betting publications.

Textual Amendments

F138 Sch. 4 paras. 10A-10C inserted (20.6.1996) by S.I. 1996/1359, art. 4(3)

F139 10C E+W+S 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.

Textual Amendments

F139 Sch. 4 paras. 10A-10C inserted (20.6.1996) by S.I. 1996/1359, art. 4(3)

[F140 11 E+W+S [F141 Paragraph 1] 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 [F142 10] above.]]

Textual Amendments

F140 Sch. 4 paras. 7–11 added by S.I. 1986/11, art. 3

F141 Words in Sch. 4 para. 11 substituted (19.8.2002) by S.I. 2002/1930, art. 2(3)(a)

F142 Words in Sch. 4 para. 11 substituted (19.8.2002) by S.I. 2002/1930, art. 2(3)(b)

Section 16.

[F1 SCHEDULE 5 E+W+S Totalisators on Dog Racecourses

1 E+W+S The totalisator shall [F143 comply] with the prescribed conditions.

Textual Amendments

F143 Word in Sch. 5 para. 1 substituted (7.1.1996) by S.I. 1995/3231, art. 7(2)

2 E+W+S 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 E+W+S The operator shall, before receiving any bets in connection with any race, post in a conspicuous position on the track [F144 or, where bets may be made by means of the totaliser in more than one distinct area of the track, in each such area]a 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) specify [F145 , prominently and in easily legible print,] the percentage F146 . . . which will be deducted by the operator from amounts staked by means of the totalisator; and

(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 [F147 : and]

[F147 (c) specify such other particulars of the said terms as may be prescribed.]

F148 . . .

Textual Amendments

F144 Words in Sch. 5 para. 3 inserted (7.1.1996) by S.I. 1996/3231, art. 7(3)(b)(i).

F145 Words in Sch. 5 para. 3(a) inserted (7.1.1996) by S.I. 1996/3231, art. 7(3)(b)(ii).

F146 Words in Sch. 5 para. 3 repealed (7.1.1996) by S.I. 1995/3231, arts. 7(3)(a)(i), 8, Sch. 2.

F147 Sch. 5 para. 3(c) and word inserted by Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18, SIF 12:1), s. 2(3)

F148 Words repealed (7.1.1996) by virtue of S.I. 1995/3231, arts. 7(3)(a)(ii), 8, Sch. 2.

4 E+W+S 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 [F149 general 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 [F150 paragraphs 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.

Textual Amendments

F149 Words substituted by Finance Act 1966 (c. 18), s. 12(6)(b)

F150 Words in Sch. 5 para. 4(b) substituted (7.1.1996) by S.I. 1995/3231, art. 7(4)

[F151 4A E+W+S 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.]

Textual Amendments

F151 Sch. 5 paras. 4A, 4B inserted by Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18, SIF 12:1), s. 2(4)

[F152 4B E+W+S 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.]

Textual Amendments

F152 Sch. 5 paras. 4A, 4B inserted by Betting, Gaming and Lotteries (Amendment) Act 1985 (c. 18, SIF 12:1), s. 2(4)

[F153 4C (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. E+W+S

(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.]

Textual Amendments

F153 Sch. 5 para. 4C inserted (7.1.1996) by S.I. 1995/3231, art. 7(5)

[F154 5 E+W+S Where the amount payable in respect of each betting unit staked by a person winning a bet [F155 , 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.]

Textual Amendments

F154 Para. 5 substituted by Decimal Currency Act 1969 (c. 19), Sch. 2 para. 17

F155 Words in Sch. 5 para. 5 inserted (7.1.1996) by S.I. 1995/3231, art. 7(6)

6 E+W+S 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, [F156 being 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.

Textual Amendments

F156 Words in Sch. 5 para. 6 substituted (7.1.1996) by S.I. 1995/3231, art. 7(7)

7 E+W+S 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 E+W+S F157 . . . 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.

Textual Amendments

F157 Words in Sch. 5 para. 8 repealed (7.1.1996) by S.I. 1995/3231, art. 8, Sch.2

[F158 9 E+W+S 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.]

Textual Amendments

F158 SCh. 5 para. 9 substituted (7.1.1996) by S.I. 1995/3231, art. 7(9)

F159 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F159 Sch. 5 para. 10 repealed (7.1.1996) by S.I. 1995/3231, arts. 7(10), 8, Sch.2

F160 10A E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Sch. 5 para. 10A repealed (7.1.1996) by virtue of S.I. 1995/3231, arts. 7(10), 8, Sch.2

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. E+W+S

(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.

[F161 12 (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. E+W+S

(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.]

Textual Amendments

F161 Sch. 5 para. 12 substituted (7.1.1996) by S.I. 1995/3231, art. 7(11)

13 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S 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.

F162 [18 (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. E+W+S

(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.]]

Textual Amendments

F162 Sch. 5 para. 18 inserted (7.1.1996) by S.I. 1995/3231, art. 5(5)

F163 F164 [F1 SCHEDULE 5A E+W+S Rights of Betting Workers as Respects Sunday Working

Textual Amendments

F163 Sch. 5A (paras. 1-22) inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8

F164 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.

General interpretation E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169 Meaning of “protected betting worker” E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F169 Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.

Notice of objection to Sunday working E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “opted-out betting worker” E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “notice period” E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right not to be dismissed for refusing Sunday work E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F181 Exclusion of section 64(1) of Employment Protection (Consolidation) Act 1978 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F181 Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.

Right not to suffer detriment for refusing Sunday work E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employer’s duty to give explanatory statement E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of rights on contracts of employment E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for contravention of paragraph 10 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on contracting out of Schedule E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional modifications relating to maternity cases E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dismissal on grounds of assertion of statutory right E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dismissal procedures agreements E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conciliation E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F204 Application of certain other provisions of 1978 Act E+W+S

Textual Amendments

F204 Crossheading inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.

F205 22 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.]

Textual Amendments

F205 Sch. 5A para. 22 inserted (3.1.1995) by 1994 c. 40, ss. 20(5), 40(1), 82(2), Sch. 8.

Section 16A

[F1 [F206 SCHEDULE 5ZA E+W+S LICENSING OF INTER-TRACK BETTING SCHEMES

Textual Amendments

F206 Sch. 5ZA inserted (7.1.1996) by S.I. 1995/3231, art. 5(6), Sch.1

Modifications etc. (not altering text)

C27 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 E+W+S

1 E+W+S 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 F207 .

Textual Amendments

F207 1994 c.39.

Applications E+W+S

2 (1) An application for a scheme licence shall be made— E+W+S

(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 E+W+S

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. E+W+S

(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 E+W+S

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Duration E+W+S

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. E+W+S

(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.

Modifications etc. (not altering text)

C28 Sch. 5ZA para. 7 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 2(1), 3(5)

Scheme accountant and scheme technical adviser E+W+S

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— E+W+S

(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— E+W+S

(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 E+W+S

10 E+W+S 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 E+W+S

11 (1) The licensing authority by whom a scheme licence was granted shall revoke it if they are satisfied— E+W+S

(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 E+W+S 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 E+W+S

13 (1) The licensing authority by whom a scheme licence was granted shall cancel it if requested to do so by the licensee. E+W+S

(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 E+W+S

14 (1) Where a licensing authority in England and Wales— E+W+S

(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— E+W+S

(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. E+W+S

(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. E+W+S

(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 E+W+S

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. E+W+S

(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 E+W+S

19 E+W+S 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;

• “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;

• “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.]]

F208 F208 [F1 SCHEDULE 6 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F208 Sch. 6 repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

F209 F209 [F1 SCHEDULE 7 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F209 Sch. 7 repealed by Lotteries Act 1975 (c. 58), Sch. 5

F210 F210 [F1 SCHEDULE 8 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210 Sch. 8 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI