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This Statutory Instrument has been made in consequence of defects in SI 2007/459 and is made available free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2007 No. 1775

betting, gaming and lotteries, ENGLAND AND WALES

The Gambling Act 2005 (Premises Licences and Provisional Statements) (Amendment) (England and Wales) Regulations 2007

Made

20th June 2007

Laid before Parliament

21st June 2007

Coming into force

12th July 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 151(2), 159(6) to (8), 160(1) and (2), 161(2), 187(3) and (4), 188(2), 195(3), 204(2) and 355(1) of the Gambling Act 2005(1).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Gambling Act 2005 (Premises Licences and Provisional Statements) (Amendment) (England and Wales) Regulations 2007 and shall come into force on 12th July 2007.

(2) These Regulations apply only to—

(a) applications under Part 8 of the Gambling Act 2005 made to licensing authorities in England and Wales, and

(b) premises licences issued by licensing authorities in England and Wales.

Amendment of the Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007

2.—(1) The Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007(2) shall be amended as follows.

(2) In regulation 4—

(a) in paragraph (3), after “casino premises licence” insert “other than a converted casino premises licence”; and

(b) after paragraph (4), insert—

(4A) Subject to paragraph (4B), where the application is for a converted casino premises licence, the plan must show—

(a) the principal entrance to the premises of those identified in accordance with paragraph (2)(e); and

(b) the location and extent of any part of the premises which will be used for providing facilities for gambling in reliance on the licence; and

(c) the location and extent of any part of the premises which will be a non-gambling area.

(4B) The requirement imposed by sub-paragraph (c) of paragraph (4A) only applies where the combined floor area of those parts of the casino identified in accordance with sub-paragraph (b) of that paragraph is 200 square metres or more..

(3) The amendments made by paragraph (2) to regulation 4 of the Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007 shall not affect the validity of anything done under those Regulations before the date on which these Regulations come into force.

(4) In regulation 13(6) for “regulation 12(2)” substitute “regulation 12(1)”.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

20th June 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Gambling Act 2005 (Premises Licences and Provisional Statements) Regulations 2007 (“the Principal Regulations”) in so far as those Regulations apply to applications under Part 8 of the Gambling Act 2005 (“the 2005 Act”) made to licensing authorities in England and Wales, and to premises licences issued by such authorities.

The Regulations amend regulation 4 of the Principal Regulations which specifies the matters to be included in plans accompanying applications for premises licences under section 159 of the 2005 Act. In particular, regulation 4 is amended to change the requirements which apply to the plan accompanying an application for a converted casino premises licence. The Regulations remove the requirement for the plan to identify table gaming areas in the casino separately from other parts used to provide facilities for gambling. The Regulations also remove the requirement for the plan to show non-gambling areas where the combined floor area of those parts of the casino used for providing facilities for gambling is less than 200 square metres. The changes made to regulation 4 are also relevant to the matters to be included in the plans accompanying applications to vary premises licences under section 187 of the 2005 Act. Regulation 7(3) of the Principal Regulations, which makes provision about the matters to be shown in a plan accompanying an application to vary a premises licence, does so by reference to regulation 4. The amendments made to regulation 4 are subject to the transitional provision that they do not affect the validity of anything done under the Principal Regulations before these Regulations come into force.

The Regulations also correct a mistaken cross-reference in regulation 13(6) of the Principal Regulations.

(2)

S.I. 2007/459. Back [2]