SCHEDULES
SCHEDULE 9Applications for Casino Premises Licences
Introduction
I11
1
This Schedule applies to an application for a casino premises licence of a kind in respect of which a limit under section 175 has effect.
2
An application for the variation or transfer of a premises licence is not to be treated for the purposes of this Schedule as an application for a premises licence (despite sections 187(3) and 188(2)).
Competition for licences
I22
1
Before considering an application to which this Schedule applies a licensing authority shall comply with regulations of the Secretary of State about inviting competing applications.
2
The regulations shall, in particular, make provision—
a
about the publication of invitations (including provision as to the manner and timing of publication and the matters to be published), and
b
about the timing of responses.
Two-stage consideration
I33
Paragraph 4 applies where (whether or not as a result of the competition provided for by paragraph 2)—
a
a number of applications for a casino premises licence are made to a licensing authority (“the competing applications”), and
b
as a result of section 175 and the order under it the authority are able to grant one or more, but not all, of the competing applications.
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1
The licensing authority shall first consider in respect of each application whether they would grant it under section 163 if section 175 did not apply.
2
For that purpose—
a
the authority shall not have regard to whether any of the other competing applications is more deserving of being granted,
b
subject to paragraph (a), each competing applicant is an interested party in relation to each of the other competing applications, and
c
Part 8 shall apply, but with the substitution for a reference to the grant of an application in sections 163(1)(a) and 206(2) of a reference to a provisional decision to grant an application subject to the provisions of paragraph 5 below.
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1
This paragraph applies if a licensing authority determine under paragraph 4 that they would grant a number of competing applications greater than the number which they can grant as a result of section 175 and the order under it.
2
The authority shall then determine which of those applications to grant under section 163(1)(a).
3
For that purpose the authority—
a
shall determine which of the competing applications would, in the authority's opinion, be likely if granted to result in the greatest benefit to the authority's area,
b
may enter into a written agreement with an applicant, whether as to the provision of services in respect of the authority's area or otherwise,
c
may determine to attach conditions under section 169 to any licence issued so as to give effect to an agreement entered into under paragraph (b), and
d
may have regard to the effect of an agreement entered into under paragraph (b) in making the determination specified in paragraph (a).
4
Having determined to grant one or more applications under sub-paragraph (2) the authority shall—
a
grant that application or those applications under section 163(1)(a), and
b
reject the other competing applications under section 163(1)(b).
5
The list in section 164(1)(a) shall be treated as including any competing applicant whose application the authority decided provisionally to grant under paragraph 4.
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1
The Secretary of State may issue a code of practice about—
a
the procedure to be followed in making the determinations required by paragraphs 4 and 5, and
b
matters to which a licensing authority should have regard in making those determinations.
2
A licensing authority shall comply with a code of practice under sub-paragraph (1).
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1
Where a licensing authority issue a casino premises licence following a determination to grant an application in accordance with paragraph 5, a condition attached to the licence under section 169 may, in particular, give effect to any agreement entered into under paragraph 5(3)(b) above.
2
In that case—
a
the condition shall refer to the agreement,
b
a copy of the agreement shall be attached to the licence, and
c
a variation of the agreement shall have effect only if accompanied by variation of the condition under section 187.
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1
An appeal may be brought under section 206(1) or (2) in respect of a decision under paragraph 4.
2
While an appeal under section 206 could be brought by virtue of sub-paragraph (1), or has been brought by virtue of that sub-paragraph and has not yet been either finally determined or abandoned, the licensing authority shall take no action under paragraph 5(2).
3
Sub-paragraph (2) has effect in place of section 208 in respect of an appeal by virtue of sub-paragraph (1).
4
No appeal may be brought under section 206 in respect of a decision under paragraph 5.
Provisional statements
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A reference in this Schedule to an application for a casino premises licence includes a reference to an application for a provisional statement where this Schedule would apply to an application for a premises licence made in reliance on the provisional statement.
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1
This paragraph applies where the process described in paragraphs 3 to 5 results in the issue of a provisional statement.
2
Paragraphs 2 to 5 shall not apply by reason only of the fact that an application for a casino premises licence is made—
a
in reliance on the provisional statement, and
b
while it has effect.
3
The licensing authority may provide in the provisional statement for it to cease to have effect at the end of a specified period.
4
A licensing authority may extend a period specified under sub-paragraph (3) on the application of the person to whom the provisional statement is issued; and—
a
the Secretary of State may by regulations provide for the procedure to be followed in relation to an application under this subsection, and
b
sections 206 to 209 shall apply but—
i
with the omission of section 206(2)(a),
ii
as if section 208(1) referred not to a determination or other action under this Part but to a provision included in a provisional statement under sub-paragraph (3) above, and
iii
with any other necessary modifications.