(1) The Commission may issue operating licences in accordance with the provisions of this Part.
(2) An operating licence is a licence which states that it authorises the licensee—
(a) to operate a casino (a “casino operating licence”),
(b) to provide facilities for playing bingo (a “bingo operating licence”),
(c) to provide facilities for betting other than pool betting (a “general betting operating licence”),
(d) to provide facilities for pool betting (a “pool betting operating licence”),
(e) to act as a betting intermediary (a “betting intermediary operating licence”),
(f) to make gaming machines available for use in an adult gaming centre (a “gaming machine general operating licence” for an adult gaming centre),
(g) to make gaming machines available for use in a family entertainment centre (a “gaming machine general operating licence” for a family entertainment centre),
(h) to manufacture, supply, install, adapt, maintain or repair a gaming machine, or a part of a gaming machine (a “gaming machine technical operating licence”),
(i) to manufacture, supply, install or adapt gambling software (a “gambling software operating licence”), or
(j) to promote a lottery (a “lottery operating licence”).
(3) The issue of an operating licence does not affect the application of section 37.
(4) The Secretary of State may by order amend subsection (2) so as to—
(a) add a kind of operating licence,
(b) remove a kind of operating licence, or
(c) vary a kind of operating licence.
(5) An order under subsection (4) may, in particular, make consequential amendment of this Part (or a provision of this Act or another enactment that relates to this Part).
(1) An operating licence must specify—
(a) the person to whom it is issued,
(b) the period during which it is to have effect, and
(c) any condition attached by the Commission under section 75 or 77.
(2) The Secretary of State may by regulations require the Commission to ensure that an operating licence—
(a) is issued in such form as the regulations may specify, and
(b) contains, in addition to the matters specified in subsection (1), such information as the regulations may specify (which may, in particular, include information about conditions attached to the licence by virtue of section 78).
(1) An operating licence is a “remote operating licence” if it authorises activity to be carried on—
(a) in respect of remote gambling, or
(b) by means of remote communication.
(2) A remote operating licence may not also authorise activity which is neither—
(a) in respect of remote gambling, nor
(b) carried on by means of remote communication.
(3) An operating licence must state whether it is a remote operating licence or not.
(1) An operating licence may be a licence of more than one of the kinds described in section 65(2).
(2) Subsection (1) is subject to the following provisions of this section.
(3) A casino operating licence authorises the holder, by virtue of this subsection, to provide facilities—
(a) for betting on the outcome of a virtual game, race, competition or other event or process, subject to any exclusion or restriction provided for by way of condition under section 75 or 77;
(b) for any game of chance other than bingo (and this paragraph does not prevent the combination of a casino operating licence and a bingo operating licence in reliance on subsection (1)).
(4) A general betting operating licence authorises the holder, by virtue of this subsection, to provide facilities for betting on the outcome of a virtual race, competition or other event or process other than a game of chance, subject to any exclusion or restriction provided for by way of condition under section 75 or 77.
(5) The following kinds of operating licence authorise the holder, by virtue of this subsection, to make one or more gaming machines within Categories A to D available for use (in addition to authorising the activities specified in accordance with section 65(2))—
(a) a non-remote casino operating licence,
(b) a non-remote bingo operating licence,
(c) a non-remote general betting operating licence, and
(d) a non-remote pool betting operating licence.
(6) No other kind of operating licence (other than a gaming machine general operating licence) may authorise the holder to make a gaming machine available for use.
(1) A person may apply to the Gambling Commission for an operating licence to be issued authorising him to provide facilities for gambling.
(2) An application must—
(a) specify the activities to be authorised by the licence,
(b) specify an address in the United Kingdom at which a document issued under this Act may be served on the applicant,
(c) be made in such form and manner as the Commission may direct,
(d) state whether the applicant has been convicted of a relevant offence,
(e) state whether the applicant has been convicted of any other offence,
(f) contain or be accompanied by such other information or documents as the Commission may direct, and
(g) be accompanied by the prescribed fee.
(3) An application may not be made by—
(a) a child or young person, or
(b) a group that includes a child or young person.
(4) The Secretary of State may by regulations—
(a) require an applicant for an operating licence to notify specified persons within a specified period (which may be wholly or partly before the application is made), and
(b) provide for the consequences of failure to comply with a requirement under paragraph (a) (which may, in particular, include provision for an application to be disregarded or for a licence to lapse).
(5) In subsection (2)(g) “prescribed” means prescribed by regulations made by the Secretary of State; and the regulations may, in particular, make different provision for—
(a) applications for the authorisation of different classes of activity, or
(b) different circumstances.
(1) In considering an application under section 69 the Commission—
(a) shall have regard to the licensing objectives,
(b) shall form and have regard to an opinion of the applicant’s suitability to carry on the licensed activities,
(c) shall consider the suitability of any gaming machine to be used in connection with the licensed activities, and
(d) may consider the suitability of any other equipment to be used in connection with the licensed activities (by reference, in particular, to any relevant provision of standards established under section 89).
(2) For the purpose of subsection (1)(b) the Commission may, in particular, have regard to—
(a) the integrity of the applicant or of a person relevant to the application;
(b) the competence of the applicant or of a person relevant to the application to carry on the licensed activities in a manner consistent with pursuit of the licensing objectives;
(c) the financial and other circumstances of the applicant or of a person relevant to the application (and, in particular, the resources likely to be available for the purpose of carrying on the licensed activities).
(3) In considering an application for a non-remote casino operating licence the Commission shall have regard, in addition to the matters specified in subsection (1), to the applicant’s commitment to—
(a) protecting vulnerable persons from being harmed or exploited by gambling, and
(b) making assistance available to persons who are or may be affected by problems related to gambling.
(4) The statement maintained by the Commission under section 23 must specify the principles to be applied by the Commission in considering applications under section 69.
(5) The statement must, in particular, specify the kind of evidence to which the Commission will have regard when assessing integrity, competence and financial or other circumstances; and that evidence may include—
(a) interviews conducted by or on behalf of the Commission;
(b) references provided to the Commission at the request of the applicant;
(c) information or opinions provided to the Commission (whether or not on request) by other persons;
(d) information sought by the Commission as to solvency in general and financial reserves in particular;
(e) the completion of training (whether provided in accordance with arrangements made by the Commission or otherwise);
(f) the possession of qualifications (whether awarded in accordance with arrangements made by the Commission or otherwise).
(6) The statement must also, in particular, specify the kind of evidence to which the Commission will have regard in considering the suitability of a gaming machine or of other equipment; and that evidence may include—
(a) the result of a test carried out by a person at the request of the Commission;
(b) the opinion of any person.
(7) The statement may specify a class of applicant or other person in relation to whom the Commission will or may assume integrity for the purpose of subsection (2)(a).
(8) The statement may specify a class of gaming machine or other equipment in relation to which the Commission will or may assume suitability; and—
(a) a class may, in particular, be defined by reference to standards under section 89 or 96 or by reference to regulations under Part 10, and
(b) subsection (1)(c) and (d) shall not apply to the consideration of an application in so far as it specifies that a gaming machine or other equipment falling within a class specified under this subsection is to be used in connection with the licensed activities.
(9) For the purposes of this section—
(a) in relation to an application, a reference to the licensed activities is a reference to the activities which will be the licensed activities if the application is granted, and
(b) a person is relevant to an application if, in particular, he is likely to exercise a function in connection with, or to have an interest in, the licensed activities.
(10) For the purposes of this section “equipment” includes—
(a) a computer,
(b) a device for the playing of a casino game, and
(c) any other piece of equipment;
(but a gaming machine is not equipment for the purposes of this section).
(1) The Commission may refuse an application under section 69 if the applicant or a person relevant to the application has a conviction for a relevant offence.
(2) This section does not prejudice the generality of section 70.
(3) The reference in subsection (1) to a person who is relevant to an application shall be construed in accordance with section 70(9)(b).
In determining whether to grant an operating licence the Commission may not have regard to—
(a) the area in Great Britain within which it is proposed to provide facilities, or
(b) the expected demand for facilities which it is proposed to provide.
(1) For the purpose of considering an application under section 69 the Commission may—
(a) require the applicant to provide information;
(b) consult, and have regard to information provided by or an opinion stated by, any person.
(2) In subsection (1) “information” and “opinion” mean information or an opinion about—
(a) the applicant,
(b) a person relevant to the application, or
(c) the licensed activities.
(3) In particular, the Commission may require the production of an enhanced criminal record certificate under section 115 of the Police Act 1997 (c. 50) relating to—
(a) the applicant, or
(b) a person relevant to the application.
(4) The statement maintained by the Commission under section 23 must, in particular, specify the Commission’s practice in relation to—
(a) the delegation of functions in relation to applications,
(b) the holding of oral hearings of applications, and
(c) evidence required or accepted in connection with applications.
(5) The Commission may disregard an irregularity or deficiency in or in relation to an application, other than a failure to pay the fee required by section 69(2)(g).
(6) For the purposes of this section a reference to the licensed activities or to a person relevant to an application shall be construed in accordance with section 70(9).
(1) On considering an application under section 69 the Commission shall—
(a) grant it,
(b) reject it, or
(c) grant it in respect of one or more of the activities specified in accordance with section 69(2)(a) and reject it in respect of the others.
(2) Where the Commission grants an application in whole or in part it shall as soon as is reasonably practicable—
(a) notify the applicant of the grant, and
(b) issue an operating licence to the applicant.
(3) Where the Commission rejects an application in whole or in part it shall as soon as is reasonably practicable notify the applicant of—
(a) the rejection, and
(b) the reasons for it.
(1) The Commission may specify conditions to be attached to—
(a) each operating licence, or
(b) each operating licence falling within a specified class.
(2) For the purposes of subsection (1)(b) a class may be defined wholly or partly by reference to—
(a) the nature of the licensed activities;
(b) the circumstances in which the licensed activities are carried on;
(c) the nature or circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities.
(3) Where the Commission issues an operating licence it shall attach to the licence any condition specified under subsection (1) as a condition to be attached to operating licences of a class within which the licence falls.
(1) The Commission may amend or revoke a condition specified under section 75; and a reference in this section to the specification of a condition includes a reference to the amendment or revocation of a condition.
(2) Before specifying a condition the Commission shall consult—
(a) one or more persons who in the Commission’s opinion represent the interests of operating licensees who may be affected by the condition, and
(b) such of the persons specified in section 23(5) as the Commission thinks appropriate (if any).
(3) The Commission shall publish any specification as soon as is reasonably practicable.
(4) Where the Commission proposes to specify a condition—
(a) at least three months before making the specification the Commission shall give notice of it to the holder of each licence which—
(i) has effect at that time, and
(ii) is within a class affected by the specification,
(b) if the Commission issues, after that time but before the specification is made, an operating licence of a class affected by the specification, the Commission shall give the licensee notice of the proposed specification, and
(c) on the making of the specification an existing licence shall by virtue of this paragraph be subject to the condition specified.
(5) If the Commission thinks it necessary by reason of urgency to make a specification without giving the notice required by subsection (4)(a)—
(a) the Commission shall give as much notice as it thinks possible in the circumstances to the persons mentioned in that provision,
(b) subsection (4)(b) shall have effect after the time when notice is given under paragraph (a) above, and
(c) subsection (4)(c) shall have effect.
(6) Subsection (4)(c), in its application to the amendment or revocation of a condition (by virtue of subsection (1)), shall be treated as—
(a) making existing licences subject to the condition as amended, or
(b) relieving existing licences from the condition revoked.
Where the Commission issues an operating licence it may attach a condition to the licence.
(1) The Secretary of State may by regulations provide for a specified condition to be attached to operating licences falling within a specified description.
(2) Transitional provision of regulations under this section (made by virtue of section 355(1)(c)) may, in particular, apply a condition (with or without modification) to licences issued before the regulations are made (or come into force).
(1) Without prejudice to the generality of the powers conferred by sections 75, 77 and 78, a condition attached under any of those sections may, in particular, do any of the things specified in this section.
(2) A condition may have the effect of restricting the activities that may be carried on in reliance on the licence by reference to—
(a) the nature of the activities,
(b) the circumstances in which they are carried on, or
(c) their extent.
(3) A condition may make provision wholly or partly by reference to—
(a) the nature of the licensed activities;
(b) the circumstances in which the licensed activities are carried on;
(c) the nature or circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities.
(4) In regulating the licensed activities a condition may make provision about—
(a) the facilities that may or must be provided in connection with the licensed activities;
(b) the manner in which facilities are provided;
(c) the number of persons that may or must be employed in the provision of facilities;
(d) the financial resources available for particular purposes to the person providing facilities;
(e) any other matter.
(5) A condition may relate to the financial circumstances of the licensee or of another person involved or likely to be involved in the conduct of the licensed activities; in particular, a condition may make provision about the maintenance of reserves in respect of potential liabilities.
(6) A condition of a remote operating licence may restrict the methods of communication that may be used in the course of the licensed activities.
(7) A condition may make provision about how facilities for gambling are advertised or described.
(8) A condition may make provision about the provision of assistance to persons who are or may be affected by problems related to gambling.
(9) A condition may make provision about—
(a) establishing the identity of users of facilities;
(b) recording the identity of users of facilities;
(c) restricting facilities to persons registered in respect of the facilities in advance.
(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.
(1) A condition attached to an operating licence by virtue of section 75, 77 or 78 may, in particular, restrict or otherwise make provision about—
(a) the giving of credit in connection with the licensed activities;
(b) the making of offers designed to induce persons to participate, or to increase their participation, in the licensed activities;
(c) participation in arrangements for inducing, permitting or assisting persons to gamble.
(2) A non-remote casino operating licence or a non-remote bingo operating licence shall by virtue of this subsection be subject to the condition that the licensee may not—
(a) give credit in connection with gambling, or
(b) participate in, arrange, permit or knowingly facilitate the giving of credit in connection with gambling.
(3) But the condition in subsection (2) shall not prevent the licensee from permitting the installation and use on the premises of a machine enabling cash to be obtained on credit from a person (the “credit provider”) provided that—
(a) the licensee has no other commercial connection with the credit provider in relation to gambling,
(b) the licensee neither makes nor receives any payment or reward (whether by way of commission, rent or otherwise) in connection with the machine, and
(c) any conditions about the nature, location or use of the machine attached by virtue of section 75, 77 or 78 are complied with.
(4) In this section “credit” includes—
(a) any form of financial accommodation, and
(b) in particular, the acceptance by way of payment of a fee, charge or stake of anything other than—
(i) cash,
(ii) a cheque which is not post-dated and for which full value is given, or
(iii) a debit card payment which is not post-dated and for which full value is given.
(5) In subsection (4)(b)(iii) “debit card payment” means a payment—
(a) debited against a person’s banking account, and
(b) made by means of a card which is not a credit-token within the meaning of section 14 of the Consumer Credit Act 1974 (c. 39).
(1) An operating licence shall by virtue of this section be subject to the condition that the licensee ensures compliance with any relevant social responsibility provision of a code of practice issued under section 24.
(2) In subsection (1)—
(a) the reference to a licensee includes a reference to anyone employed or engaged by a licensee to perform an operational function within the meaning of section 80, and
(b) the reference to a social responsibility provision of a code is a reference to a provision identified by a code as being included in pursuance of section 24(2).
(3) This section does not prevent compliance with a provision of a code, other than a social responsibility provision, from being made the subject of a condition under section 75, 77 or 78.