Gambling Act 2005 - premises licence
Representations and appeals
Section 161 of the Gambling Act states that an interested party or a responsible authority may make representations to the licensing authority, in this case Hinckley & Bosworth Borough Council, regarding an application for a premises licence.
The other gambling responsible authorities are:
- The Gambling Commission
- Fire Service
- Police
- Environmental Protection
- Planning authority
- Children and Young People Services
- HM Revenue and Customs
Interested parties include those who live sufficiently close to the premises to be likely to be affected by the authorised activities, and those who have business interests that might be affected by the authorised activities. Bodies representing these persons are also classed as interested parties.
Review of a premises licence
A review of a premises licence can be initiated by the council without any representations to have been made to it, but on the basis of reason(s) to suspect that the licence conditions are not being complied with, or for other reasons where it believes a review is appropriate. Any of the other responsible authorities can also call for a review.
Appeals procedure
The appeals procedure is done through the magistrates' courts and must be made within 21 days of the relevant decision. Where the gambling premises licence application has been rejected then only the applicant has a right of appeal.
Where the application has been granted then the applicant has a right of appeal if they disagree with the conditions that have been attached, as do any persons who made representations in relation to the original application.
Where action has been taken as a result of a review of the Gambling Premises Licence, then the licensee has a right of appeal as well as any person who made representations in relation to the review, the person who applied for the review, or the Gambling Commission.
Enforcement
The Gambling Commission has their own enforcement officers. However, 'authorised persons' have a number of enforcement powers and can include local authority designated persons such as licensing officers.
Last updated: 14/02/2024 15:02
