Gaming Act 1968 (repealed)

Section 11(2).

SCHEDULE 3F40 E+W+S Registration of Members’ Clubs under Part II in England and Wales

Textual Amendments applied to the whole legislation

F40 Act repealed (1.10.2005 for purposes of the repeal of s. 10, Sch. 1) by Gambling Act 2005 (c. 19), ss. 356(3), 358(1), Sch. 17 (with ss. 352, 354); S.I. 2005/2455, art. 2(1), Sch.

IntroductoryF40 E+W+S

1 (1) Each licensing authority in England or Wales shall, in respect of premises within the area of the authority as mentioned in paragraph 1 of Schedule 2 to this Act, be the authority responsible for the registration of clubs and institutes under Part II of this Act and for the renewal and cancellation of any such registration. E+W+S

(2) In this Schedule “institute” means a miners’ welfare institute.

2 E+W+S [F1 Paragraphs 2 and 2A] of Schedule 2 to this Act shall have effect for the purposes of this Schedule as if in [F1 those paragraphs] references to a licence under this Act, to premises in respect of which such a licence is for the time being in force, and to an application relating to such a licence, were references respectively to registration under Part II of this Act, to premises in respect of which a club or institute is for the time being registered under Part II of this Act, and to an application relating to such registration.

Textual Amendments

F1 Words substituted by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 1(2)

Application for registrationF40 E+W+S

3 E+W+S [F2 Paragraphs 5 to 7] of Schedule 2 to this Act shall have effect in relation to applications for registration under Part II of this Act as they have effect in relation to applications for licences under this Act, but as if—

(a) in paragraph 5(2) of that Schedule the words from “and shall be accompanied by a copy of the certificate” onwards, and in [F3 paragraph 6(2)] of that Schedule the words from “shall indicate” to “other than a bingo club licence” and

[F4 (aa) the reference in paragraph 5(3) to the Board, and]

(b) [F5 paragraph 6(3)] of that Schedule, and

(c) any reference to the appropriate local authority or the appropriate [F6 fire authority] [F6 fire and rescue authority],

were omitted, F7 . . .

Textual Amendments

F2 Words substituted by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 6(4)(a)

F3 Words substituted by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 6(4)(b)

F4 Sch. 3 para. 3(aa) inserted by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 10(1)

F5 Words substituted by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 6(4)(c)

F6 Words in Sch. 3 para. 3(c) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(4); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F7 Words repealed by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 6(4)(d)

Application for renewal of registrationF40 E+W+S

[F8 4 E+W+S Paragraphs 12 and 13 of Schedule 2 to this Act shall have effect in relation to any application for renewal of the registration of a club or institute under Part II of this Act as they have effect in relation to applications for the renewal of licences under this Act, but as if in paragraph 13(1) of that Schedule the references to [F9 the Board,] the appropriate local authority and the appropriate [F10 fire authority] [F10 fire and rescue authority] were omitted.]

Textual Amendments

F8 Sch. 3 para. 4 substituted for paragraphs 4 and 5 by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 10

F9 Words inserted by Gaming (Amendment) Act 1990 (c. 26, SIF 12:1), s. 1, Sch. para. 10(2)

F10 Words in Sch. 3 para. 4 substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(4); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Proceedings on application for registration or renewal of registrationF40 E+W+S

6 E+W+S Paragraphs 14 to 17 of Schedule 2 to this Act shall have effect in relation to any application for registration or renewal of registration of a club or institute under Part II of this Act as they have effect in relation to applications for the grant or renewal of licences under this Act, but as if in paragraph 14(2) of that Schedule the references to the appropriate local authority and the appropriate [F11 fire authority] [F11 fire and rescue authority] were omitted.

Textual Amendments

F11 Words in Sch. 3 para. 6 substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(4); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Grounds for refusal to register or to renew registrationF40 E+W+S

7 (1) The licensing authority shall refuse to register or to renew the registration of a club under Part II of this Act if it appears to the authority that the club— E+W+S

(a) is not a bona fida members’ club, or

(b) has less than twenty-five members, or

(c) is of a merely temporary character.

(2) Without prejudice to the preceding sub-paragraph, the licensing authority shall refuse to register a club or to renew the registration of a club under Part II of this Act if it appears to the authority that the principal purpose for which the club is established or conducted is gaming, unless the authority are satisfied that the gaming in question consists exclusively of playing bridge or whist, or both bridge and whist.

8 E+W+S The licensing authority may refuse to register a club or institute under Part II of this Act where the club or institute has previously been so registered and either—

(a) its registration has been cancelled, or

(b) an application for renewal of that registration has been refused.

9 E+W+S The licensing authority may refuse to renew the registration of a club or institute under Part II of this Act on any one or more of the following grounds, in addition to those specified in paragraph 7 of this Schedule, that is to say—

(a) that a person has been convicted of an offence under this Act in respect of a contravention, in connection with the relevant premises, of any of the provisions of this Act or of any regulations made thereunder;

(b) that, while the club or institute has been registered under Part II of this Act, the relevant premises have not been so conducted as to prevent disturbance or disorder;

(c) that, while the club or institute has been so registered, gaming on the relevant premises has been dishonestly conducted;

(d) that, while the club or institute has been so registered, the relevant premises have been used for an unlawful purpose or as a resort of criminals or prostitutes;

(e) that any duty payable in respect of the premises under section 13 . . . F12 of the M1 Finance Act 1966 [F13 or section 2 of or Schedule 1 to the M2 Finance Act 1970][F14 or section 13 of or Schedule 2 to the M3 Betting and Gaming Duties Act 1972 [F15 or section 14 of or Schedule 2 to the Betting and Gaming Duties Act 1981]] remains unpaid.

[F16 (f) that any bingo duty . . . F17 payable in respect of bingo played on the premises remains unpaid;

and where the authority entertain an application for the renewal of registration and are satisfied that any bingo duty payable as mentioned in sub-paragraph (f) above remains unpaid, they shall refuse the application.]

Textual Amendments

F12 Words repealed by Finance Act 1969 (c. 32), Sch. 21 Pt. I

F13 Words inserted by Finance Act 1970 (c. 24), Sch. 1 Pt. II para. 16(2)

F14 Words inserted by Betting and Gaming Duties Act 1972 (c. 25), s. 29(1), Sch. 5 para. 5

F15 Words inserted by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 34(1), Sch. 5 para. 2

F16 Para. 9(f) added by Finance Act 1969 (c. 32), Sch. 9 para. 23

F17 Words repealed by Betting and Gaming Duties Act 1972 (c. 25), Sch. 7

Marginal Citations

M1 1966 c. 18.

M2 1970 c. 24.

M3 1972 c. 25.

10 E+W+S The licensing authority shall refuse to renew the registration of a club under Part II of this Act if they are satisfied that, while the club has been registered thereunder, the relevant premises have been habitually used for an unlawful purpose or as a resort of criminals or prostitutes.

Restriction attached to registrationF40 E+W+S

11 (1) On registering or renewing the registration of a club or institute under Part II of this Act, the licensing authority may, if they think fit, impose restrictions limiting the gaming to a particular part or parts of the relevant premises. E+W+S

(2) Any restrictions imposed under the preceding sub-paragraph shall be imposed so as to have effect until the registration of the club or institute under Part II of this Act ceases to have effect or is next renewed (whichever first occurs), but without prejudice, where the registration is renewed, to any power of the licensing authority under the preceding sub-paragraph to impose the like or any other restrictions on renewing the registration.

Appeal by applicantF40 E+W+S

12 (1) Where on an application under this Schedule the licensing authority refuse to register or renew the registration of a club or institute under Part II of this Act, or impose restrictions under the last preceding paragraph, the [F18 designated officer for] the licensing authority shall forthwith give notice of the decision of the authority to the applicant; and, within [F19 twenty-one days] from the date of service of that notice, the applicant may, by notice to the [F18 designated officer for] the authority, appeal against the decision to [F20 the Crown Court]. E+W+S

(2) Sub-paragraphs (2) to (5) of paragraph 29 of Schedule 2 to this Act, and paragraph 30 of that Schedule, shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under paragraph 29 of that Schedule.

Textual Amendments

F18 Words in Sch. 3 para. 12(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(2)(a); S.I. 2005/910, art. 3(y)

F19 Words substituted by virtue of S.I. 1982/1109, rules 6, 7, Sch. 3 Pt. II

F20 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

Appeal by BoardF40 E+W+S

13 (1) Where on an application under this Schedule the licensing authority register, or renew the registration of, a club or institute under Part II of this Act after hearing any objection or representations made by or on behalf of the Board or any other person, and the Board desire to contend that the registration or renewal ought to have been refused, the Board may, by notice to the [F21 designated officer for] the licensing authority, appeal against the decision of the licensing authority to [F22 the Crown Court]. E+W+S

(2) On determining any appeal under this paragraph, or on being satisfied that the Board, after giving notice of such an appeal, have failed to prosecute it, [F22 the Crown Court] may make such order as it thinks fit for the payment of costs by or to—

(a) the applicant who applied for the registration or renewal;

(b) the Board;

(c) any person (other than the Board) who opposed the application before the licensing authority; or

(d) the licensing authority.

(3) Sub-paragraphs (4) and (5) of paragraph 29, sub-paragraphs (2) F23 ... of paragraph 30 and sub-paragraphs (2) and (3) of paragraph 31 of Schedule 2 to this Act shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under paragraph 31 of that Schedule.

Textual Amendments

F21 Words in Sch. 3 para. 13(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(2)(b); S.I. 2005/910, art. 3(y)

F22 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

F23 Words in Sch. 3 para. 13(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 3

Cancellation of registrationF40 E+W+S

14 E+W+S Paragraphs 36 to 44 of Schedule 2 to this Act shall have effect in relation to cancellation of the registration of a club or institute under Part II of this Act as they have effect in relation to cancellation of a licence under this Act, but as if—

(a) any reference to the holder of the licence were a reference to the chairman or secretary of the club or institute, and

(b) in paragraph 42 of that Schedule, the reference to the grounds specified in paragraphs 20 and 21 of that Schedule were a reference to the grounds specified in paragraph 9 of this Schedule.

15 (1) Where on an application made by virtue of paragraph 14 of this Schedule the licensing authority decide to cancel the registration of a club or institute under Part II of this Act, the [F24 designated officer for] the licensing authority shall forthwith give notice of the decision of the authority to the chairman or secretary of the club or institute; and, within [F25 twenty-one days] from the date of service of that notice, the chairman or secretary may, by notice to the [F24 designated officer for] the licensing authority, appeal against the decision to [F26 the Crown Court.] E+W+S

(2) The provisions of paragraph 29(2) to (5) of Schedule 2 to this Act, and of paragraph 30 of that Schedule, shall have effect in relation to appeals under this paragraph as they have effect in relation to appeals under paragraph 29 of that Schedule, but as if in those provisions any reference to a person who opposed the application before the licensing authority were a reference to the person who made the application for the registration to be cancelled.

Textual Amendments

F24 Words in Sch. 3 para. 15(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(2)(c); S.I. 2005/910, art. 3(y)

F25 Words substituted by virtue of S.I. 1982/1109, rules 6, 7, Sch. 3 Pt. II

F26 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

16 (1) Where an application for cancellation of the registration of a club or institute under Part II of this Act is made by the Board, and the licensing authority refuse to cancel the registration, the Board may, by notice to the [F27 designated officer for] the licensing authority, appeal against the decision of the licensing authority to [F28 the Crown Court.] E+W+S

(2) The provisions of paragraph 31(2) to (4) of Schedule 2 to this Act, and of paragraph 32 of that Schedule, shall have effect in relation to any such appeal as they have effect in relation to an appeal by the Board against the grant or renewal of a licence, but as if in those provisions—

(a) any reference to any person (other than the Board) who opposed the application before the licensing authority were omitted, and

(b) any reference to the applicant who applied for the grant or renewal were a reference to the chairman or secretary of the club or institute.

Textual Amendments

F27 Words in Sch. 3 para. 16(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(2)(d); S.I. 2005/910, art. 3(y)

F28 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

17 (1) Where a person is convicted of an offence under Schedule 3 to the M4 Finance Act 1966 in respect of a contravention of [F29 section 13 of that Act or of an offence under [F30 section 24 of or paragraph 16 of Schedule 4 to the Betting and Gaming Duties Act 1981 (or under the corresponding provisions of the Betting and Gaming Duties Act 1972 or the corresponding provisions of the enactments consolidated by that Act) in relation to premises]] in respect of which a club or institute is for the time being registered under Part II of this Act, and the Commissioners of Customs and Excise— E+W+S

(a) certify to the court by or before which he is so convicted that the conviction is a second or subsequent conviction for such an offence committed (whether by the same or by some other person) in relation to gaming on those premises while that club or institute has been so registered, and

(b) apply to the court for effect to be given to this sub-paragraph, that court shall order that the registration of the club or institute under Part II of this Act shall be cancelled.

(2) An order made under this paragraph—

(a) shall not have effect until the end of the period within which notice of appeal against the conviction which gave rise to the order may be given;

(b) if notice of appeal against that conviction is duly given, shall not have effect until the appeal has been determined or abandoned; and

(c) shall not have effect if, on such an appeal, the appeal is allowed.

(3) Where the registration of a club or institute is cancelled by virtue of an order made under this paragraph, the [F31 proper officer of] the court by which the order was made shall, unless he is also the [F32 designated officer for] the licensing authority, send a copy of the order to the [F32 designated officer for] the licensing authority; and the licensing authority shall, notwithstanding anything in the preceding provisions of this Schedule, refuse any application for the registration of that club or institute under Part II of this Act in respect of the same or any other premises if it is made less than twelve months after the date of the order.

F33 [(4) In sub-paragraph (3) of this paragraph the “proper officer of the court” means—

(a) in relation to a magistrates’ court, the [F34 designated officer] for the court, and

(b) in relation to the Crown Court, the appropriate officer of the court.]

Textual Amendments

F29 Words substituted by Betting and Gaming Duties Act 1972 (c. 25), s. 29(1), Sch. 5 para. 4

F30 Words substituted by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 34(1), Sch. 5 para. 4

F31 Words in Sch. 3 para. 17(3) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 59(3)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F32 Words in Sch. 3 para. 17(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(2)(e); S.I. 2005/910, art. 3(y)

F33 Sch. 3 para. 17(4) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 59(3)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F34 Words in Sch. 3 para. 17(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(3); S.I. 2005/910, art. 3(y)

Marginal Citations

M4 1966 c. 18.

Issue and duration of registration certificatesF40 E+W+S

18 (1) Where on an application under this Schedule a club or institute is registered, or the registration of a club or institute is renewed, under Part II of this Act, the licensing authority shall issue to the applicant a certificate (in this Schedule referred to as a “registration certificate”) which shall be in the prescribed form. E+W+S

(2) If the registration or any renewal of the registration of a club or institute is subject to any restrictions imposed under paragraph 11 of this Schedule, the registration certificate shall include a statement of those restrictions.

19 (1) Subject to the following provisions of this Schedule, and without prejudice to the provisions of this Schedule as to cancellation the registration of a club or institute under Part II of this Act— E+W+S

(a) if not renewed, shall cease to have effect at [F35 the end of the period of one year beginning with the date on which it was effected], or

(b) if renewed, shall, unless further renewed, cease to have effect at the end of the period for which it was renewed or last renewed, as the case may be.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F35 Words substituted by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 12(2)

F36 Sch. 3 para. 19(2) repealed by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 12(3)

20 (1) An application for renewal of the registration of a club or institute under Part II of this Act may specify a number of years, not exceeding ten, for which the renewal is requested; and any renewal of the registration shall be for such number of years, not exceeding the number specified in the application, as the licensing authority think fit. E+W+S

(2) Except as provided by the preceding sub-paragraph, any renewal of the registration shall be for a period of one year.

21 (1) Where the registration of a club or institute under Part II of this Act has been renewed for a period of two or more years, and is subject to any restriction imposed under paragraph 11 of this Schedule, then, with a view to the cancellation or variation of those restrictions, an application for renewal of the registration may be made in any of those years, notwithstanding that the registration is not due to expire in that year. E+W+S

(2) On any application made by virtue of this paragraph the registration may be renewed [F37 as if it were due to expire on the day before the anniversary of the date on which it was renewed or last renewed].

Textual Amendments

F37 Words substituted by Gaming (Amendment) Act 1982 (c. 22, SIF 12:1), s. 1, Sch. 1 para. 13

22 (1) Where an application for renewal of the registration of a club or institute under Part II of this Act has been duly made, the registration shall not cease to have effect by virtue of paragraph 19 of this Schedule until the licensing authority have determined the application. E+W+S

(2) Where, on such an application, the licensing authority refuse to renew the registration, it shall not cease to have effect by virtue of paragraph 19 of this Schedule before the time within which the applicant can appeal against the refusal has expired, and, if he so appeals, shall not cease to have effect by virtue of that paragraph until the appeal has been determined or abandoned.

Payment of feesF40 E+W+S

23 E+W+S Notwithstanding anything in the preceding provisions of this Schedule, a club or institute shall not be registered under Part II of this Act, and the registration of a club or institute thereunder shall not be renewed, except on payment by the applicant to the [F38 designated officer for] the licensing authority of the fee chargeable in accordance with section 48 of this Act.

Textual Amendments

F38 Words in Sch. 3 para. 23 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(2)(f); S.I. 2005/910, art. 3(y)

Relinquishment of registrationF40 E+W+S

24 (1) A club or institute registered under Part II of this Act may at any time relinquish its registration by notice given to the [F39 designated officer for] the licensing authority by the chairman or secretary of the club or institute; and, where such a notice is given, the registration of the club or institute under Part II of this Act shall thereupon be treated as cancelled. E+W+S

(2) Where the registration of a club or institute is relinquished under this paragraph, the [F39 designated officer for] the licensing authority shall give notice of that fact to the Board, the appropriate officer of police and the appropriate collector of duty.

Textual Amendments

F39 Words in Sch. 3 para. 24(1)(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 133(2)(g); S.I. 2005/910, art. 3(y)