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Gambling (Personal Licence Fees) Regulations 2006 No. 3285
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| Summary: |
These Regulations prescribe application, maintenance and other fees relating to personal licences issued under Part 6 of the Gambling Act 2005 ("Act").
Regulation 2 defines terms used in the Regulations. Other terms used in the Regulations are defined in section 353(1) of the Act. Regulation 2(3) provides that a reference to a section of the Act in regulations 3, 5 or 6 is a reference to that section as applied to personal licences by section 128(1) of the Act.
The definitions of "personal management licence" and "personal functional licence" divide personal licences into two categories for the purposes of prescribing fees in respect of them. In practice, these categories will be created by the imposition of conditions attached to a licence under section 75, 77 or 78 of the Act (as applied to personal licences by section 128(1)).
Regulation 3 prescribes different application fees payable in respect of each category of personal licence. Regulation 3(2) provides for a discounted application fee where an application for a personal licence is made through the Gambling Commission's website. Regulation 3(3) provides that an application shall not be regarded as being made via the Commission's website unless it contains specified information or documents (to the extent that such information or documents can be transmitted via the website), namely:
- information as to the activities to be authorised by the licence,
- an address in the United Kingdom at which a document issued under the Act may be served on the applicant,
- information as to whether the applicant has been convicted of a relevant offence (as defined in section 126 of and Schedule 7 to the Act),
- information as to whether the applicant has been convicted of any other offence, and
- such other information or documents as the Gambling Commission may direct.
Regulation 4 prescribes different maintenance fees payable in respect of each category of personal licence. These fees are prescribed pursuant to section 132(2) of the Act, the term "maintenance fee" being used for convenience in these Regulations. The first maintenance fee is payable to the Gambling Commission within 30 days of the fifth anniversary of the date on which the licence was issued (regulation 4(1)). Thereafter, maintenance fees are payable every five years (regulation 4(2)).
Regulation 5 prescribes the fees payable in respect of an application to vary a personal licence under section 104 of the Act (as applied to personal licences by section 128(1)). Variation fees are not subject to any reduction where the application is made via the Commission's website. The fee differs depending on the whether the application is made-
- under section 104(1)(a), to add or amend a licensed activity (regulation 5(1)(a)),
- under section 104(1)(a), to remove a licensed activity (regulation 5(1)(b)),
- under section 104(1)(b), to amend another detail of the licence (regulation 5(2)), or
- under section 104(1)(c), to add, amend or remove a condition attached to the licence (regulation 5(3)).
Regulation 6 prescribes the maximum fee payable on application for a copy of a personal licence under section 107 (as applied to personal licences by section 128(1)).
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| Made Under: |
Gambling Act 2005 (C. 19) - sections 69(2)(g) and (5), 104(3) and (4), 107(2)(a), 128, 132(2) and (3) and 355(1)
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