The Gambling (Operating licence and Single-Machine Permit Fees) (Amendment) Regulations 2008

Citation and commencement

1.  These Regulations may be cited as the Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2008 and come into force on 1st August 2008.

Amendment of the 2006 Regulations

2.  The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006(1)(“the 2006 Regulations”) are amended as set out in Regulations 3 to 20 of these Regulations.

Amendment of regulation 2

3.  In regulation 2(1) —

(a) after the definition of “application fee” insert—

““betting intermediary (trading room only) operating licence” means a betting intermediary operating licence (as defined in section 65(2)(e) of the Act) which does not authorise the holder (“H”) to act as a betting intermediary except where—

(a) any betting facilitated by a service provided by H pursuant to the licence is carried out only—

(i) by persons physically present on the premises from which H is providing the service;

(ii) by means of remote communication; and

(iii) through intermediaries other than H; and

(b) H is not a party to any bet made or accepted by the persons referred to in sub-paragraph (a)(i) above;”

(b) after the definition of “new casino operating licence” insert

““new controller” has the same meaning as in section 102(2) of the Act;”

(c) after the definition of “single premises gaming” insert—

““supplementary gambling software operating licence” (as defined in section 65(2)(i) of the Act) means a gambling software operating licence which does not authorise the holder of the licence (“H”)–

(a) to manufacture, supply, install or adapt gambling software other than software for use in connection with gambling facilities provided by H; or

(b) to incur, for the purpose of carrying out activities authorised by the licence, costs of more than £50,000 during the period of one year commencing on the day after the day on which the licence is granted, or in any subsequent one year period;

“supplementary gaming machine technical operating licence” means a gaming machine technical operating licence (as defined in section 65(2)(h) of the Act) which does not–

(a) authorise the holder of the licence (“H”) to–

(i) manufacture a gaming machine (or part of such a machine); or

(ii) supply, install, adapt, maintain or repair a gaming machine (or part of such a machine) except where H is the only person who makes the machine available for use; or

(b) authorise H to incur, for the purpose of carrying out activities authorised by the licence, costs of more than £50,000 during the period of one year commencing on the day after the day on which the licence is granted, or in any subsequent one year period;

“supplementary operating licence” means a supplementary gambling software operating licence or a supplementary gaming machine technical operating licence;”;

(d) in the definition of “gaming machine technical (software) operating licence” after “manufacture” insert “supply, install or adapt”.

Amendment of regulation 4

4.  In regulation 4(2)—

(a) in sub-paragraph (n) omit “and”;

(b) for sub-paragraph (o) substitute–

“(o) a lottery operating (society) licence, or

(p) a supplementary operating licence”

New regulation 4A

5.  After regulation 4 insert—

“Fees for non-remote supplementary operating licences

4A.— (1) The application fee for a supplementary operating licence to which this Part applies is £165.

(2) The annual fee for such a licence is £375.

(3) The first annual fee for such a licence is £281.25.”.

Amendment of regulation 6

6.  In regulation 6(1) after “new casino operating licence” insert “or a supplementary operating licence”.

Amendment of regulation 9

7.  In regulation 9—

(a) in paragraph (k) omit “and”;

(b) for paragraph (l) substitute—

“(l) a lottery operating (society) licence;

(m) a supplementary operating licence; or

(n) a betting intermediary (trading room only) operating licence”

Amendment of regulation 10

8.  In regulation 10(1) for the words in parentheses substitute “(other than a remote general betting (limited) operating licence, an ancillary remote operating licence or a remote supplementary operating licence)”.

New regulation 14A

9.  After regulation 14 insert—

“Fees for non-remote supplementary operating licences

14A.— (1) The application fee for a supplementary operating licence to which this Part applies is £165.

(2) The annual fee for such a licence is £375.

(3) The first annual fee for such a licence is £281.25.”.

Amendment of regulation 15

10.  In regulation 15—

(a) for the heading to the regulation substitute “Interpretation of Part 4”;

(b) the existing provision becomes paragraph (1);

(c) in paragraph (1)(b) after “one” insert “of”;

(d) after paragraph (1) add—

“(2) But in the application of this Part—

(a) a supplementary operating licence that is combined with one or more other kinds of licence; and

(b) an application for a supplementary operating licence

are to be disregarded.”

Amendment of regulation 20

11.  In regulation 20(1) after “an operating licence” insert “other than a supplementary operating licence”.

Amendment of regulation 21

12.  In regulation 21(1)—

(a) in sub-paragraph (a) after “licence” insert “that is not a supplementary operating licence”;

(b) in sub-paragraph (b) after “ancillary remote” insert “or supplementary”.

New regulations 23, 23A and 23B

13.  For regulation 23 substitute—

“23.— (1) Regulation 23A applies to an application under section 102(2)(b) (“a change application”) where at the time the application is made the new controller is not the holder of an operating licence.

(2) Regulation 23B applies to a change application where at the time the application is made the new controller is the holder of an operating licence.

(3) Regulation 15(2) applies for the purposes of regulation 23A(1)(a) and (2) to (4) and regulations 23B(1)(a) and (4) to (6) in the same way as it applies in the application of Part 4.

23A.— (1) Where this regulation applies the fee to accompany a change application in relation to an operating licence is—

(a) if the licence is a combined operating licence, 75 per cent of the fee referred to in regulation 16(a);

(b) if paragraph (2) applies, the amount determined in accordance with paragraphs (3) and (4); and

(c) in any case, 75 per cent of the application fee which would be payable in respect of an operating licence of the same kind at the time the change application is made (as determined by paragraphs 7, 11 and 12(1)).

(2) This paragraph applies to change applications made by a person simultaneously in relation to—

(a) a non-remote operating licence, and

(b) a remote operating licence (other than an ancillary remote operating licence), held by that person.

(3) The fee to accompany each of the applications referred to in paragraph (2) is the amount calculated in accordance with the following formula—

[(0.75 x A) + (0.75 x B)] ÷ 2

where A and B are the respective application fees payable for each of the licences referred to in that paragraph at the time the change applications are made (as determined in accordance with regulations 7, 11 and 13(1)).

(4) In paragraph (2)—

“non-remote operating licence” includes a combined non-remote operating licence, and

“remote operating licence” includes a combined remote operating licence.

23B.— (1) Where this regulation applies the fee to accompany a change application is £100 if the new controller becomes a controller within the meaning of section 422 of the Financial Services and Markets Act 2000(2) (“the FSMA”) solely by acquiring a holding of 10% or more of the shares in the company.

(2) But if the new controller becomes a controller within the meaning of section 422 of the FSMA in circumstances other than those falling within paragraph (1) the fee is-

(a) 25 per cent of the fee referred to in regulation 16(a) if the licence to which the application relates is a combined operating licence;

(b) the amount determined in accordance with paragraphs (4) and (5) if the application is one to which paragraph (3) applies; or

(c) in any other case, 25 per cent of the application fee which would be payable in respect of a licence of the same kind as that to which the change application relates at the time the change application is made (as determined by paragraphs 7, 11 and 13(1)).

(3) This paragraph applies to change applications made by a person simultaneously in relation to—

(a) a non remote operating licence, and

(b) a remote operating licence (other than an ancillary remote operating licence), held by that person

(4) The fee to accompany each of the applications to which paragraph (2) applies is the amount calculated in accordance with the following formula—

[(0.25 x A) + (0.25 x B)] ÷ 2

where A and B are the respective application fees payable for each of the licences referred to in that paragraph at the time the change applications are made (as determined in accordance with regulations 7, 11 and 13(1)).

(5) In paragraph (4)—

“non remote operating licence” includes a combined non remote operating licence, and

“remote operating licence” includes a combined remote operating licence.”.

Amendment of regulation 24

14.  In regulation 24—

(a) in paragraphs (3) and (4), for “The” substitute “Subject to paragraph (8), the”;

(b) for paragraph (5) substitute—

“(5) Where the effect of the application (if granted) would be to bring the licence within a new category (pursuant to regulation 5, 6 or 10), the fee is—

(a) if the new category is higher than the category into which the licence falls at the time the application is made, 25 per cent of the application fee for a licence that falls within the new category, and

(b) in all other cases £25.”.;

(c) after paragraph (7), add—

“(8) The fee to accompany an application under paragraph (3) or (4) is £100 where-

(a) the application is to vary a licence so as to change a reference to an individual, to an office or a post held by an individual, or to the responsibilities of an individual, an office or a post, and

(b) the change is of a kind in respect of which the Commission have published a notice (on their website and by any other means they consider appropriate) before the application is made to the effect that such a change requires them to examine the criminal record of any person before making the change.

(9) For the purposes of paragraph (5)(a) one category is higher than another if the letter used to denote it comes later in the alphabet.”.

Amendment of Schedule 1 (Categories of non-remote operating licences)

15.  For the table in Schedule 1 substitute the table in Schedule 1 to these Regulations.

Amendment of Schedule 2 (Application fees for non-remote operating licences)

16.  For the table in Schedule 2 substitute the table in Schedule 2 to these Regulations.

Amendment of Schedule 3 (Annual fees for non-remote operating licences)

17.  For the table in Schedule 3 substitute the table in Schedule 3 to these Regulations.

Amendment of Schedule 4 (Categories of remote operating licences)

18.  For the table in Schedule 4 substitute the table in Schedule 4 to these Regulations.

Amendment of Schedule 5 (Application fees for remote operating licences)

19.  For the table in Schedule 5 substitute the table in Schedule 5 to these Regulations.

Amendment of Schedule 6 (Annual fees for remote operating licences)

20.  For the table in Schedule 6 substitute the table in Schedule 6 to these Regulations.

Gerry Sutcliffe

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

4th July 2008