C3C2C4Part 5Operating Licences

Annotations:
Modifications etc. (not altering text)

Conditions

I1I2C3C1C280C3C2Requirement for personal licence

1

The Commission shall use its powers under sections 75 and 77 to ensure that in respect of each operating licence at least one person—

a

occupies a specified management office in or in respect of the licensee or in connection with the licensed activities, and

b

holds a personal licence authorising the performance of the functions of the office.

2

A condition under either of those sections may impose requirements which relate to a management office and are in addition to any required by subsection (1).

3

A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified management office is held in or in respect of the licensee or in connection with a licensed activity (whether or not in pursuance of another condition)—

a

it must be held by an individual who holds a personal licence authorising the performance of the functions of the office, and

b

anything done in the performance of the functions of the office must be done in accordance with the terms and conditions of the personal licence.

4

A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, provide that if a specified operational function is performed in connection with a licensed activity it must be performed—

a

by an individual who holds a personal licence authorising performance of the function, and

b

in accordance with the terms and conditions of the personal licence.

5

In this section “management office” in relation to a licensee means—

a

if the licensee is a company, the office of director,

b

if the licensee is a partnership (including a limited liability partnership), the office of partner,

c

if the licensee is an unincorporated association, any office in the association, and

d

in any case, any position the occupier of which is required, by the terms of his appointment, to take or share responsibility for—

i

the conduct of a person who performs an operational function in connection with a licensed activity, or

ii

facilitating or ensuring compliance with terms or conditions of the operating licence.

6

In this section “operational function” means—

a

any function which enables the person exercising it to influence the outcome of gambling,

b

receiving or paying money in connection with gambling, and

c

manufacturing, supplying, installing, maintaining or repairing a gaming machine.

7

Provision by virtue of subsection (1) may be general or may relate only to specified—

a

kinds of operating licence,

b

cases, or

c

circumstances.

8

The Secretary of State may by order amend the definition of “management office” or “operational function” for the purposes of this section.

9

In relation to a bingo operating licence issued to a members' club, a commercial club or a miners' welfare institute—

a

subsection (1) shall not apply, and

b

a condition attached by virtue of section 75, 77 or 78 may not—

i

require that a person hold a personal licence, or

ii

operate by reference to whether a person holds a personal licence.