| Summary: |
Under section 80 of the Gambling Act 2005 ("the Act") every operating licence issued by the Gambling Commission under Part 5 of the Act must be subject to a condition ensuring that at least one person occupies a specified management office in relation to that licence, and that this person holds a personal licence authorising the performance of the functions of that office. Section 80 also provides the Gambling Commission with powers to impose further conditions on operating licences requiring specified management offices or specified operational functions to be performed by the holder of a relevant personal licence.
Section 129 of the Act provides an exemption from these personal licensing requirements in circumstances where the holder of an operating licence is a small-scale operator. These Regulations define the meaning o "small-scale operator".
The holder of an operating licence will qualify as a small-scale operator if he satisfies the condition that, in relation to the relevant licensed activities, there are no more than three qualifying positions which, in each ase, are occupied by a qualified person. Regulations 2(2) and (3) provide definitions for each of these terms.
By virtue of Regulation 3, an operator who qualifies as a small-scale operator will only lose this exemption if he fails to meet the necessary condition in regulation 2 for a period of more than 28 days, or for two periods of more than 14 days each, which occur within 28 days of one another.
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