SCHEDULES

SCHEDULE 9Applications for Casino Premises Licences

Section 175

Introduction

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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

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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

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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.