(This note is not part of the Regulations)
These Regulations amend the Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006 (“the 2006 Regulations”) (as amended by S.I. 2007/269) which, amongst other things, prescribe fees payable in relation to operating licences under the Gambling Act 2006 (“the 2006 Act”).
Regulation 3 amends regulation 2(1) of the 2006 Regulations (defined terms) by inserting new definitions of—
“converted lottery operating licence”, and
“the Transitional Order”.
Converted lottery operating licences are provided for under the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (“the Transitional Order”).
Regulation 4 inserts new regulation 3A into the 2006 Regulations. New regulation 3A provides for converted lottery operating licences to be treated as non-remote lottery operating (society) licences for the purposes of the 2006 Regulations. This is necessary because paragraphs 67(5) and 69(5) of Schedule 4 to the Transitional Order provide for converted lottery operating licences to have effect as both remote and non-remote operating licences.
Regulation 5 amends regulation 8 of the 2006 Regulations (annual fees and first annual fees for non-remote operating licences) in two principal ways.
First, it provides for a portion of the fee paid by a person for a certificate under section 27 of the Gaming Act 1968 to be offset against the first annual fee payable by that person for a non-remote gaming machine technical (full) operating licence. The portion of the section 27 certificate fee that is offset is that part which represents the period between the date that the operating licence is issued (causing the certificate to expire) and the date that the certificate would have otherwise expired.
Second, it provides for a portion of the last annual fee paid by a person for a converted lottery operating licence (“the old licence”) to be offset against the first annual fee payable by that person for a non-remote lottery operating (society) licence (“the new licence”). The portion of the old licence fee that is offset is that part which represents the period between the date that the old licence ceased to have effect and the date that the next annual fee in respect of that licence would have been due.
Regulation 5 ensures that holders of:
non-remote gaming machine technical (full) operating licences, and
non-remote lottery operating (society) licences,
do not pay two fees for authorisations covering the same activities during the period.
Regulation 6 substitutes a new annual fee for non-remote category A gaming machine technical (supplier) operating licences in Schedule 3 to the 2006 Regulations.
Regulation 7 substitutes a new table of annual fees for remote operating licences in Schedule 6 to the 2006 Regulations.