The Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) (No. 2) Regulations 2007

Amendment of regulation 8

5.—(1) Regulation 8 of the 2006 Regulations (annual fees and first annual fees for non-remote operating licences) is amended as follows.

(2) In paragraph (3) (first annual fee for a non-remote operating licence), for “The” substitute “Subject to paragraphs (4) to (6), the”.

(3) After paragraph (3) insert—

“(4) Where the holder of a gaming machine technical (full) operating licence held a certificate under section 27 of the 1968 Act immediately before the issue of the licence, the first annual fee for the licence is the amount calculated in accordance with the following formula—

where—

A is the first annual fee that would, but for this paragraph, be payable for the licence under paragraph (3),

B is the amount of the last fee paid under section 48(3)(g) of 1968 Act for the certificate (whether it was in respect of the issue or renewal of the certificate), and

C is the number of whole calendar months between the date on which the licence was issued and—

(a)

where the certificate was issued or renewed on or after 1st September 2007, the date which is 5 years after the date of its issue or renewal, whichever is the later, or

(b)

in any other case, the date on which, as the certificate had effect immediately before 1st September 2007, it was due to expire in accordance with paragraph 3 of Schedule 6 to the 1968 Act.

(5) Where the holder of a lottery operating (society) licence (“the new licence”) held a converted lottery operating licence (“the old licence”) immediately before the issue of the new licence, the first annual fee for the new licence is the amount calculated in accordance with the following formula—

where—

A is the first annual fee that would, but for this paragraph, be payable for the new licence under paragraph (3),

B is the amount of the last fee paid under section 100 of the Act for the old licence (whether it was a first annual fee or an annual fee), and

C is the number of whole calendar months between—

(a)

the date on which the old licence ceased to have effect in accordance with paragraph 71 of Schedule 4 to the Transitional Order, and

(b)

the next anniversary of the issue of the old licence.

(6) In paragraph (4) “the 1968 Act” means the Gaming Act 1968(1).”.

(1)

1968 c.65; section 48(3)(g) was amended by article 2 of and the Schedule to SI 2006/541; sections 27 and 48 and Schedule 6 are to be repealed by section 356(3)(g) of the Act on 1st September 2007: see article 4(1) of SI 2006/3272.