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Consultation on the draft Gambling Act 2005 (Review of Premises Licences)(Scotland) Regulations 2007

DescriptionConsultation on the draft Gambling Act 2005 (Review of Premises Licences)(Scotland) Regulations 2007 inviting comments on draft regulations to implement in Scotland the notices of applcation for the review of a premises licence and the timescales for giving notice to relevant parties
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Official Print Publication Date
Website Publication DateMay 08, 2007

document is also available in PDF (134k)

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Dear Sir/Madam

Consultation on the draft Gambling Act 2005 (Review of Premises Licences) ( Scotland ) Regulations 2007

I am writing to advise you that the Scottish Executive is undertaking a consultation on draft regulations which set out the form of notices of applications/intentions for the review of a premises licence in Scotland and the timescales for giving notice to relevant parties. A similar consultation exercise is taking place in England and Wales. There are no particularly Scottish elements in what is being proposed, but some of the English regulations will have to apply on a Great Britain basis as explained below.

Background

The premises review procedures are intended as a measure that will give licensing authorities a key role in managing the Gambling Act at a local level, and which will lead to a more accountable and effective process. The review procedures available can be exercised either in response to an application to the licensing authority by a responsible authority or interested party ( section 197 of the Gambling Act 2005), or at a licensing authority's own instigation ( section 200 of the Act).

The original policy intention was that Scottish Ministers should have powers to make regulations prescribing all aspects of the review procedures in Scotland. But some minor drafting deficiencies in the Gambling Act have resulted in Scottish Ministers not being able to prescribe the form and manner of an application for a review, and the information and documents which are to accompany the application. Attached is a copy of the Department for Culture, Media and Sport (DCMS) consultation paper on the proposals for the review procedures. As mentioned above, these proposals apply equally to Scotland and certain aspects will have to be contained in the DCMS regulations to apply for the whole of Britain.

I also attach a draft of the regulations the Scottish Ministers would like to lay before the Scottish Parliament and we would welcome your comments on the draft. If made, these regulations would be subject to the "negative resolution" procedure and would set out various aspects relating to the notices of applications for a review of a premises licence under section 197 of the Gambling Act and notices of intentions to conduct such a review under section 201 of the Act.

A copy of the Gambling Act can be obtained from The Stationery Office at TSO Scotland Bookshop, 71 Lothian Road, Edinburgh EH3 9AZ tel: 0870 606 5566 or e-mail: Edinburgh.bookshop@tso.co.uk or can be viewed on the following website http://www.opsi.gov.uk/acts/acts2005/20050019.htm

Responding to this consultation

We are inviting written responses to this consultation by Friday 27 July 2007. Please send your response to: ken.mckenna@scotland.gsi.gov.uk
or


Ken McKenna

Local Governance and Licensing Division

Scottish Executive

Mail Point 32

3-H South

Victoria Quay

Edinburgh EH6 6QQ

If you have any queries contact Ken McKenna on 0131 244 3199

This consultation will run for 12 weeks from 7 May to 27 July 2007. The consultation and all other Scottish Executive consultation exercises can be viewed online on the consultation web pages of the Scottish Executive website at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.

The Scottish Executive now has an email alert system for consultations ( SEconsult: http://www.scotland.gov.uk/consultations/seconsult.aspx). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations (including web links). SEconsult complements, but in no way replaces SE distribution lists, and is designed to allow stakeholders to keep up to date with all SE consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.

Handling your response

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form enclosed with this consultation paper as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly.

All respondents should be aware that the Scottish Executive is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Next steps in the process

Where respondents have given permission for their response to be made public (see the attached Respondent Information Form), these will be made available to the public in the Scottish Executive Library and on the SE web pages shortly after the closing date. We will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library. You can make arrangements to view responses by contacting the SE Library on 0131 244 4565. Responses can be copied and sent to you, but a charge may be made for this service.

What happens next ?

Following the closing date, all responses will be analysed and considered along with any other available evidence to help us reach a decision on the final shape of the regulations. We aim to issue a report on this consultation process shortly after the closing date and the outcome of the consultation will help to inform the final version of the regulations that will be laid before the Scottish Parliament.

Comments and complaints

If you have any comments about how this consultation exercise has been conducted, please send them to rab.fleming@scotland.gsi.gov.uk

Yours faithfully

Ken McKenna

RESPONDENT INFORMATION FORM: CONSULTATION ON THE DRAFT GAMBLING ACT 2005 (REVIEW OF PREMISES LICENCES) ( SCOTLAND ) REGULATIONS 2007

Please complete the details below and return it with your response. This will help ensure we handle your response appropriately. Thank you for your help.

RIF

THE SCOTTISH EXECUTIVE CONSULTATION PROCESS

Consultation is an essential and important aspect of Scottish Executive working methods. Given the wide-ranging areas of work of the Scottish Executive, there are many varied types of consultation. However, in general, Scottish Executive consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.

The Scottish Executive encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same.

Typically Scottish Executive consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the issue, and they are also placed on the Scottish Executive web site enabling a wider audience to access the paper and submit their responses [1]. Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (except those where the individual or organisation requested confidentiality) are placed in the Scottish Executive library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4565).

All Scottish Executive consultation papers and related publications (eg, analysis of response reports) can be accessed at: Scottish Executive consultations (http://www.scotland.gov.uk/consultations)

The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. Depending on the nature of the consultation exercise the responses received may:

· indicate the need for policy development or review

· inform the development of a particular policy

· help decisions to be made between alternative policy proposals

· be used to finalise legislation before it is implemented

Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

1 http://www.scotland.gov.uk/consultations

List of Consultees ANNEX

Licensing Boards

Chief Executives of Scottish Local Authorities

COSLA

Association of Chief Police Officers in Scotland

Chief Constables

Legal interests

Gambling operators and gambling industry trade associations

Gambling help/charity groups

Hospitality groups

Faith groups

Gambling Commission

Department for Culture, Media and Sport

Local Authorities Coordinators of Regulatory Services

Draft Regulations For Consultation

Scottish Statutory Instruments

2007 No.

BETTING, GAMING AND LOTTERIES

The Gambling Act 2005 (Review of Premises Licences) (Scotland) Regulations 2007

Made - - - - 2007

Laid before the Scottish Parliament 2007

Coming into force - - 25th September 2007

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by section 197(3) to (7) and 200(4) to (6) of the Gambling Act 2005( [2]) and all other powers enabling them to do so:

Citation, commencement and extent

1.-(1) These Regulations may be cited as the Gambling Act 2005 (Review of Premises Licences) (Scotland) Regulations 2007 and shall come into force on 25th September 2007.

(2) These Regulations extend only to Scotland.

Interpretation

2. In these Regulations-

"the Act" means the Gambling Act 2005;

"application" means an application for a review under section 197 of the Act; and

"review" means a review of a premises licence conducted under section 201 of the Act.

Giving of notice of an application

3.-(1) A person making an application must give notice of the application to-

(a) the person who holds the premises licence to which the application relates; and

(b) each of the responsible authorities in relation to the premises to which the application relates.

(2) Subject to regulation 9, a notice under paragraph (1) must be in the form specified in [Annex A] and must in particular specify the period of 28 days beginning on the relevant date as the period during which representations about the application may be made to the licensing authority by-

(a) the person who holds the premises licence to which the application relates;

(b) a responsible authority; or

(c) an interested party.

(3) A notice under paragraph (1) must be given within the period of 7 days beginning on the date on which the application is made.

(4) In this regulation and regulation 4, "relevant date" in relation to an application means the last day of the period referred to in paragraph (3).

Publication of notice of an application by the licensing authority

4.-(1) Where an application is made to a licensing authority, that authority must publish notice of the application-

(a) in a local newspaper or, if there is none, a local newsletter, circular or similar document, circulating within the licensing authority's area; and

(b) by displaying the notice at a place-

(i) which is as near as reasonably practicable to the premises to which the application relates; and

(ii) where it can conveniently be read by members of the public.

(2) The notice referred to in paragraph (1)(a) must be published on at least one occasion during the period of 10 working days starting with the day after the day on which the application is made to the authority.

(3) The notice referred to in paragraph (1)(b) must be displayed for a period of no less than 28 consecutive days starting on a date which is no later than the relevant date.

(4) Subject to regulation 9, a notice under paragraph (1)(a) or (b) must be in the form specified in [Annex B] and must in particular specify the period of 28 days beginning on the relevant date as the period during which representations about the application may be made to the licensing authority by-

(a) the person who holds the premises licence to which the application relates;

(b) a responsible authority; or

(c) an interested party.

Failure to give proper notice of application to a responsible authority

5.-(1) This regulation applies where a person who is making an application fails to give proper notice of the application within the period provided for under paragraph (3) of regulation 3.

(2) For the purposes of paragraph (1), a person fails to give proper notice of an application if, in the case of any one or more of the notices required under regulation 3, that person fails to give a notice which complies with the requirements of these Regulations as to the form or manner in which it is to be given.

(3) Subject to paragraph (5), where the applicant fails to give proper notice of an application to the person holding the premises licence or, as the case may be, a responsible authority, the applicant must give notice to that person or the authority in a form and manner which complies with the requirements of these Regulations (other than as to the period within which the notice is to be given) as soon as practicable after the end of the period referred to in paragraph (1).

(4) In a case to which this regulation applies, the person holding the premises licence or, as the case may be, the responsible authority concerned must make any representations within the period of 28 days beginning on the day on which the notice referred to in paragraph (3) is received.

(5) Regulation 3(2) is to have effect in such a case as if it required the notice to specify the period referred to in paragraph (4) as the period during which representations about the application may be made to the licensing authority.

(6) The licensing authority may not grant the application until-

(a) notice has been given by the applicant in accordance with paragraph (3); and

(b) the period referred to in paragraph (4) has elapsed,

and if it purports to do so any licence issued by the authority shall be of no effect.

(7) Subject to paragraph (6), the licensing authority may disregard any irregularity in relation to the giving of notice under regulation 3.

Failure properly to publish notice of an application

6.-(1) This regulation applies where a licensing authority, to whom an application is made for a review, fails to publish a proper notice of the application within the period provided for under (as the case may be) sub-paragraph (a) or (b) of paragraph (1) of regulation 4.

(2) For the purposes of paragraph (1), a licensing authority fails to publish a proper notice of an application if the published notice does not comply with the requirements of these Regulations as to the form or manner in which it is to be published.

(3) Subject to paragraph (5), the licensing authority must publish notice of the application in a form and manner which complies with the requirements of these Regulations (other than as to the timing of the publication) as soon as practicable after the end of the period referred to in paragraph (1).

(4) In a case to which this regulation applies, an interested party must make any representations under section 161 within the period of 28 days beginning on the day on which the notice referred to in paragraph (3) is published.

(5) Regulation 4(4) is to have effect in such a case as if it required the notice to specify the period referred to in paragraph (4) as the period during which representations about the application may be made to the licensing authority.

(6) The licensing authority may not grant the application until-

(a) notice has been published in accordance with paragraph (3); and

(b) the period referred to in paragraph (4) has elapsed,

and if it purports to do so any licence issued by the authority shall be of no effect.

(7) Subject to paragraph (6), the licensing authority may disregard any irregularity in relation to the publication of the notice under sub-paragraph (a) or (b) of paragraph (1) of regulation 4.

Giving and publication of notice of intention to conduct a review

7.-(1) Where a licensing authority give notice under section 200(3)(a) of the Act that they intend to hold a review, (subject to regulation 9) that notice must be in the form specified in [Annex C].

(2) A notice under section 200(3)(a) must in particular specify the period of 28 days beginning on the day on which the notice is given as the period during which representations about the application may be made to the licensing authority by-

(a) the person who holds the premises licence to which the application relates;

(b) a responsible authority; or

(c) an interested party.

(3) The following provisions of this regulation apply where a licensing authority publish notice under section 200(3)(b) of the Act that they intend to hold a review.

(4) Subject to regulation 9, the notice must be in the form specified in [Annex D] and must in particular specify the period of 28 days beginning on the day on which the notice is given as the period during which representations about the application may be made to the licensing authority by-

(a) the person who holds the premises licence to which the notice relates;

(b) a responsible authority; or

(c) an interested party.

(5) The licensing authority must publish the notice-

(a) by displaying the notice at a place-

(i) which is as near as reasonably practicable to the premises to which the application relates; and

(ii) where it can be conveniently be read by members of the public; and

(b) either-

(i) in a local newspaper or, if there is none, a local newsletter, circular or similar document, circulating within the licensing authority's area; or

(ii) on the licensing authority's internet website.

(6) Where a licensing authority have more than one website, paragraph (5)(b)(ii) requires the licensing authority to publish notice of the application on the website which is wholly or mainly used by them to publicise matters relating to the licensing of gambling.

(7) The notice referred to in paragraph (5)(a) or (5)(b)(ii) must be displayed or, as the case may be, published for a period of no less than 28 consecutive days beginning on the day on which the licensing authority give notice under section 200(3)(a) of the Act of their intention to hold a review.

(8) The notice referred to in paragraph (5)(b)(i) must be published on at least one occasion during the period of 10 working days starting with the day after the day on which the licensing authority give notice under section 200(3)(a) of the Act of their intention to hold a review.

Manner of making and giving of notices

8.-(1) A notice under regulation 3 or under section 200(3) of the Act must be given in writing.

(2) For the purposes of paragraph (1), a notice which is sent by facsimile transmission or electronic mail shall be treated as given in writing if it meets the conditions in paragraph (3).

(3) The conditions are that-

(a) the text of the notice-

(i) is capable of being accessed by the recipient;

(ii) is legible in all material respects; and

(iii) is capable of being read and reproduced in written form and used for subsequent reference by the recipient; and

(b) the person to whom the notice is to be given has agreed in advance that a notice may be given by the particular electronic means used.

(4) Where a notice is sent by facsimile transmission or electronic mail, it is to be treated as having been given at the time the conditions specified in paragraph (3)(a) are satisfied.

Matters not required to be included in a notice

9.-(1) Where matters are included in square brackets in any form in [Annexes A to D], 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 notice 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-

(a) in relation to a notice of an application, the licensing authority to whom the application is made; and

(b) in relation to a notice given or published by a licensing authority in any other circumstances, that authority.

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

2007

ANNEX A

Two forms are specified. Form A is for use where there is only one applicant. Form B is for use where there are two or more applicants.

Form A

NOTICE OF APPLICATION FOR A REVIEW OF A PREMISES LICENCE

This notice is issued in accordance with regulations made under section 197 of the Gambling Act 2005

Notice is hereby given that:

………………………………………………………………………………………………………..

[ Give the full name of the applicant as set out in Part 1 of the application for a review of the premises licence]

of the following address:.………………………………………………………………………….

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………Postcode……………………………

[ Give the full address of the applicant as set out in Part 1 of the application for a review of the premises licence]

has made an application for a review of the premises licence which has effect at the following premises:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

[ Give the trading name used at the premises, and the address of the premises (or, if none, give a description of the premises and their location).]

The following type of premises licence has effect in respect of the premises:

………………………………………………………………………………………………………

[ Indicate the type of premises licence which applies to the premises, eg bingo premises licence, adult gaming centre premises licence etc.]



The applicant is:

a responsible authority ?? an interested party ?? [ tick as appropriate]

The application for a review of the premises licence has been made to the following licensing authority:

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

………………………………………………………………Postcode…………………………….

Website:……………………………………………………………………………………………

[ Insert name of the licensing authority and the address of its principal office, followed by the address of its website ]

[Information about the application is available from the licensing authority, including the arrangements for viewing the details of the application.]

[The following person connected with the applicant is able to give further information about the application:

……………………………………………………………………………………………………….

[ This entry is optional and is to be included if the applicant wishes to provide the name, telephone number and (if available) e-mail address of a person connected with the applicant who is able to answer questions and provide further information about the application.]]

The grounds on which a review is being sought are:

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

……………………………………………………………………………………………………….

Representations about the application may be made in writing to the licensing authority by the licence holder, a responsible authority or an interested party

during the period of 28 days beginning on………………………………………………… (which is 7 days after the date on which the application for a review was made to the licensing authority). The last day for making representations is:

………………………………………………………………………………………………………..



Form B

NOTICE OF APPLICATION FOR A REVIEW OF A PREMISES LICENCE

This notice is issued in accordance with regulations made under section 197 of the Gambling Act 2005

Notice is hereby given that the persons or organisations whose details are given in the Schedule to this notice have made an application for a review of the premises licence which has effect at the following premises:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

[ Give the trading name used at the premises, and the address of the premises (or, if none, give a description of the premises and their location).]

The application for review of the premises licence has been made to the following licensing authority:

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

………………………………………………………………Postcode…………………………….

Website:……………………………………………………………………………………………

[ Insert name of the licensing authority and the address of its principal office, followed by the address of its website]

[Information about the application is available from the licensing authority, including the arrangements for viewing the details of the application.]

[The following person connected with the applicant is able to give further information about the application:

……………………………………………………………………………………………………….

[ This entry is optional and is to be included if the applicant wishes to provide the name, telephone number and (if available) e-mail address of a person connected with the applicant who is able to answer questions and provide further information about the application.]]



The grounds on which a review is being sought are:

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

……………………………………………………………………………………………………….

Representations may be made by the licensee, a responsible authority or an

interested party during the period of 28 days beginning on …………………………….

(which is 7 days after the date on which the application for a review was made to the licensing authority). The last day of the 28 day period for making representations is:

………………………………………………………………………………………………………..

SCHEDULE OF APPLICANTS

The persons or organisations making the application are as follows:

Name of 1st Applicant::

……………………...………………………………………………………………………………..

[ Give the full name of the applicant as set out in Part 1 of the application for a review of the premises licence]

Address of 1st Applicant:………………………………………………………………………….

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………Postcode……………………………

[ Give the full address of the applicant as set out in Part 2 of the application for a premises licence]

The applicant is:

a responsible authority ?? an interested party ?? [ tick as appropriate]



Name of 2nd Applicant:

…………………...……………………………………………………..

[ Give the full name of the applicant as set out in Part 1 of the application for a review of the premises licence]

Address of 2nd Applicant:…………………………………………………………………………

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………Postcode……………………………

[ Give the full address of the applicant as set out in Part 1 of the application for a review of the premises licence]

The applicant is:

a responsible authority ?? an interested party ?? [ tick as appropriate]

[ Where there are more than two applicants, also give the same information for the other applicants.]



ANNEX B

NOTICE OF APPLICATION FOR A REVIEW OF A PREMISES LICENCE UNDER THE GAMBLING ACT 2005

Notice is hereby given that:

………………………………………………………………………………………………………..

[ Give the full name of the applicant(s) ]

is/ are applying under section 197 of the Gambling Act 2005 for a review of the premises licence which has effect in respect of the following premises:

…………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………

[ Give the trading name used at the premises, and the address of the premises (or, if none, give a description of the premises and their location).]

The following type of premises licence applies to the premises:………………………………………………

A review is being sought on the following grounds:

…………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………

The application has been made on:…………………………………………………………..…………………...

[ Insert the date on which the application has been made]

The licence holder or a responsible authority may make representations in writing about the application, as may any of the following persons:

• A person who lives sufficiently close to the premises to be likely to be affected by the authorised activities

• A person who has business interests that might be affected by the authorised activities

• A person who represents someone in any of the above two categories

Any representations are to be made to the following licensing authority:

………………………………………………………………………………………………………………………..

[ Insert the name of licensing authority ]

and may be made during the period of 28 days beginning 7 days after the date on which the application was made. That period ends on :

…………………………………………………………………………………………………………………………

[ Insert last day on which representations may be made in relation to the application.]

Information about the application is available from the licensing authority, including the arrangements for viewing the details of the application.

It is an offence under section 342 of the Gambling Act 2005 if a person, without reasonable excuse, gives to a licensing authority for a purpose connected with that Act information which is false or misleading.



Annex C

NOTICE OF INTENTION TO HOLD A REVIEW OF A PREMISES LICENCE

This notice is issued in accordance with regulations made under section 200 of the Gambling Act 2005

Notice is hereby given that the following licensing authority:

………………………………………………………………………………………………………..

whose address is:

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

………………………………………………………………Postcode…………………………….

Website:……………………………………………………………………………………………

[ Insert the address of the authority's principal office, followed by the address of its website]

intends to hold a review of the premises licence which has effect at the following premises:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

[ Give the trading name used at the premises, and the address of the premises (or, if none, give a description of the premises and their location).]

The following type of premises licence has effect in respect of the premises:

………………………………………………………………………………………………………

[ Indicate the type of premises licence which applies to the premises, eg bingo premises licence, adult gaming centre premises licence etc.] .



The licensing authority intends to hold the review for the following reasons:

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

………………………………………………………………………………………………………..

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

……………………………………………………………………………………………………….

[The following person connected with the licensing authority is able to give further information about the review:

……………………………………………………………………………………………………….]

Representations about the proposed review may be made in writing to the licensing authority by the licence holder, a responsible authority or an interested party during the period of 28 days beginning on the date on which the notice of the authority's intention to hold the review was given to the licence holder. The last day of the 28 day period for making representations is:

………………………………………………………………………………………………………..



ANNEX D

NOTICE OF INTENTION TO HOLD A REVIEW OF A PREMISES LICENCE UNDER THE GAMBLING ACT 2005

Notice is hereby given that the following licensing authority:

…………………………………………………………………………………………………………

[ Give the name of the licensing authority ]

intends to hold a review of the premises licence which has effect at the following premises:

………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………..

[ Give the trading name used at the premises, and the address of the premises (or, if none, give a description of the premises and their location).]

The following type of premises licence applies to the premises:

………………………………………………………………………………………………………………………..

The licensing authority intends to hold the review for the following reasons:

………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………..

The licence holder or a responsible authority may make representations in writing to the licensing authority about the review, as may any of the following persons:

• A person who lives sufficiently close to the premises to be likely to be affected by the authorised activities

• A person who has business interests that might be affected by the authorised activities

• A person who represents someone in any of the above two categories

Representations may be made during the period of 28 days beginning on the date on which notice of the intention to hold a review was given to the licence holder. That period ends on :

…………………………………………………………………………………………………………………………

[ Insert last day on which representations may be made in relation to the application.]

Further information about the review is available from the licensing authority.

It is an offence under section 342 of the Gambling Act 2005 if a person, without reasonable excuse, gives to a licensing authority for a purpose connected with that Act information which is false or misleading.

DCMS CONSULTATION PAPER