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Gambling Act 2005

Sections 159 to 161: Applications

427.These sections prescribe the procedure for making an application for a premises licence. Only people with a right to occupy premises are eligible to apply for a premises licence. The notes relating to prize gaming permits under Part 14 expand upon the meaning of “occupy” for these purposes. Applicants must have an operating licence, or have made an application for one. A premises licence will not be issued until to an applicant until he holds an operating licence. The exception to this is an applicant for a premises licence that authorises a track to be used for accepting bets. These applicants do not need to hold, or have applied for, an operating licence.

428.Applications for premises licences must be made to the licensing authority in whose area the premises are wholly or partly situated; and must be in the prescribed form and manner, accompanied by the prescribed fee. Other sections in this Part describe the fee-setting powers relevant to premises licences.

429.The Secretary of State is given the power to make regulations which require an applicant for a premises licence to publish notice of his application, to give notice of it to responsible authorities and other people.

430.Responsible authorities and interested parties may make representations in writing to a licensing authority about a particular application. The period of time within which representations must be made will be prescribed in regulations.

431.Scottish Ministers exercise the powers of the Secretary of State under these sections in relation to Scotland.

432.Additional procedures apply in the case of applications for a casino licence. These are provided for in section 175 and Schedule 9.

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