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| Made | 1st November 2007 | ||
| Laid before Parliament | 7th November 2007 | ||
| Coming into force | 1st December 2007 |
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 212, 215(2), 216, 219(3)(b) and (8), 224(4), 227(2), (3) and (6) and 355(1) of the Gambling Act 2005[1].
Citation, commencement, application and interpretation
1. —(1) These Regulations may be cited as the Gambling Act 2005 (Temporary Use Notices) Regulations 2007 and shall come into force on 1st December 2007.
(2) Subject to paragraph (3), these Regulations apply to England and Wales and Scotland.
(3) Regulation 7(1) applies only to temporary use notices given in respect of premises in England and Wales.
(4) In these Regulations "the Act" means the Gambling Act 2005.
Activities which may be specified in a temporary use notice
2. —(1) This regulation specifies for the purposes of section 215(2)(a) of the Act the activities which may be specified in a temporary use notice under Part 9 of the Act.
(2) The activities are providing facilities for any form of equal chance gaming[2] where those participating in the gaming are taking part in a competition which is intended to produce a single, overall winner.
(3) In paragraph (2) the reference to providing facilities for equal chance gaming does not include providing such facilities in circumstances where any person participating in the gaming does so by means of a gaming machine[3].
Form and content of a temporary use notice
3. —(1) Subject to paragraph (2), a temporary use notice under Part 9 of the Act must be in the form, and contain the information, specified in Part 1 of Schedule 1.
(2) A temporary use notice given in respect of a vessel must be in the form, and contain the information, specified in Part 2 of Schedule 1.
(3) This regulation is subject to regulation 5.
Form and content of a counter-notice
4. Subject to regulation 5, a counter-notice under Part 9 of the Act must be in the form, and contain the information, specified in Schedule 2.
Matters not required to be included in a notice
5. —(1) Where matters are included in square brackets in any form in Schedules 1 and 2, they are intended to indicate and explain the information to be specified in the notice to which the form relates, and are not required to be included in the notice.
(2) The first page of the form used for a temporary use notice or a counter-notice under Part 9 of the Act may include any symbol or logo which is commonly used by the licensing authority to identify documents produced by them.
(3) In paragraph (2) "the licensing authority" means—
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(a) in relation to a temporary use notice, the licensing authority to whom the notice is given, and
(b) in relation to a counter-notice, the licensing authority by whom the notice is given.
Endorsement of temporary use notices
6.
—(1) This regulation prescribes for the purposes of each of subsections (2)(a) and (3)(a) of section 227 of the Act the manner in which the copy of a temporary use notice submitted under section 219(3)(a) of the Act is endorsed.
(2) The copy of the notice is endorsed by the licensing authority to whom it is given completing the section of the notice headed "Endorsement of notice by licensing authority".
Fees in connection with temporary use notices
7.
—(1) The fee payable under section 219(3)(b) of the Act on giving a temporary use notice shall be of such amount not exceeding £500 as may be determined by the licensing authority to whom the notice is given.
(2) The fee payable under section 227(6)(a) of the Act for the replacement of an endorsed copy of a temporary use notice—
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(a) where the licensing authority responsible for issuing the copy of the notice is in England or Wales, shall be of such amount not exceeding £25 as the licensing authority may determine; or
(b) where the licensing authority responsible for issuing the copy of the notice is in Scotland, shall be £25.
Gerry Sutcliffe
Parliamentary Under Secretary of State Department for Culture, Media and Sport
1st November 2007
(This note is not part of the Regulations)
These Regulations make provision in connection with temporary use notices under Part 9 of the Gambling Act 2005 ("the Act"). Part 9 enables a person holding an operating licence to give a temporary use notice in respect of premises. The effect of the notice is to authorise the premises to be used during the period specified in the notice for carrying on gambling activities without an offence being committed under section 37 of the Act (which makes it unlawful to use premises for providing facilities for gambling without the appropriate premises licence).
Regulation 2 prescribes for the purposes of section 215(2)(a) of the Act the activities which may be specified in a temporary use notice. The activities are providing facilities for any form of equal chance gaming where those participating in the gaming are taking part in a competition which is intended to produce a single, overall winner. But this does not include equal chance gaming where any person is participating by means of a gaming machine.
Regulation 3 and Schedule 1 prescribe the form of a temporary use notice and the information to be contained in it. Two forms are prescribed: the form in Part 1 of Schedule 1 is to be used for premises other than vessels, and the form in Part 2 of Schedule 1 is to be used for vessels.
Regulation 4 and Schedule 2 prescribe the form of a counter-notice under Part 9 of the Act.
Regulation 5 makes further provision about the information to be included in a temporary use notice or a counter-notice under Part 9 of the Act.
Regulation 6 makes provision about the manner in which a temporary use notice submitted to a licensing authority is to be endorsed by the authority under section 227(2) or (3) of the Act.
Regulation 7 makes provision about fees in connection with temporary use notices. Paragraph (1) (which applies to England and Wales only) makes provision about the amount of the fee which is to accompany a temporary use notice given to a licensing authority. It provides for the fee to be of such amount as may be determined by the licensing authority up to a maximum of £500. Paragraph (2) prescribes the amount of the fee which is payable under section 227(6) where a licensing authority make arrangements for the replacement of an endorsed temporary use notice which has been lost, stolen or damaged. In England and Wales, the fee is to be of such amount as may be determined by the licensing authority up to a maximum of £25; and in Scotland the fee is £25.
Notes:
[1] 2005 c.19; see sections 216(2) and 224(8) for the definition of "prescribed" where used in section 216(1) and 224(4).back
[2] See section 8 of the Gambling Act 2005 for the definition of "equal chance gaming".back
[3] See section 235 of the Gambling Act 2005 for the definition of "gaming machine".back
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