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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 No. 479 URL: http://www.bailii.org/uk/legis/num_reg/2007/20070479.html |
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| Made | 21st February 2007 | ||
| Laid before Parliament | 21st February 2007 | ||
| Coming into force | 21st May 2007 |
the licensing authority to whom the application is made, and
(b) in relation to—
in respect of a premises licence, the licensing authority who issued the licence,
(2) A reference in these Regulations to a section of an Act is a reference to a section of the Gambling Act 2005.
Classes of premises licence
3.
—(1) For the purposes of these Regulations, there are the following classes of premises licence—
(2) In applying regulations 4(2)(b), 5(2), 11(2), 12(2), 14(2) and 15(2)—
is to be determined as at the date that the application is made.
(3) In applying regulation 8(2), the class of premises licence to which an annual fee relates is to be determined as at the date by which the fee is payable.
Application fee for conversion application
4.
—(1) The amount of the application fee for a conversion application shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed—
Application fee for non-conversion application
5.
—(1) The amount of the application fee for a non-conversion application shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed—
(3) In paragraph (2) "provisional statement premises"—
First annual fee for premises licence
6.
—(1) The amount of the first annual fee for a premises licence shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed the amount of the annual fee for the licence as determined in accordance with regulation 8.
(3) In applying paragraph (2) the amount of the annual fee for the licence is to be determined—
(4) This regulation is subject to regulation 9.
Date by which first annual fee is payable
7.
—(1) Where a licence comes into effect on the issue date, the first annual fee for the licence shall be paid within 30 days after that date.
(2) Where a licence specifies that it is to come into effect on an effective date, the first annual fee for the licence shall be paid within—
after the issue date, whichever is sooner.
(3) Paragraph (2) does not apply to a premises licence issued before 1st September 2007.
(4) In this regulation—
Annual fee for premises licence
8.
—(1) The amount of the annual fee for a premises licence shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed the amount specified in column (5) of the Table which is opposite the class of premises licence in column (1) to which the fee relates.
(3) This regulation is subject to regulation 9.
First annual and annual fees for premises licence that is subject to a seasonal condition
9.
—(1) Where a premises licence is subject to a seasonal condition, the relevant licensing authority may determine—
for the licence that are less than the first annual fee and annual fee respectively that would, but for this regulation, be payable in respect of the licence.
(2) In paragraph (1), "seasonal condition" means a condition attached to a licence by a licensing authority under section 169(1)(a) which provides that the premises to which the licence relates may be used for the activities specified in the licence for part of a year only.
Change of circumstance fee
10.
—(1) The amount of the fee under section 186(3)(a) to accompany a notification of a change of circumstance under section 186(1) shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed £50.
Fee for application to vary licence
11.
—(1) The amount of the application fee for an application to vary a licence under section 187(1) shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed the amount specified in column (6) of the Table which is opposite the class of premises licence in column (1) to which the application relates.
Fee for application to transfer
12.
—(1) The amount of the application fee for an application to transfer a licence under section 188(1) shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed the amount specified in column (7) of the Table which is opposite the class of premises licence in column (1) to which the application relates.
Fee for application for copy of licence
13.
—(1) The amount of the application fee for an application for a copy of a licence under section 190(1) shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed £25.
Fee for application for reinstatement
14.
—(1) The amount of the application fee for an application for reinstatement of a licence under section 195(2) shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed the amount specified in column (8) of the Table which is opposite the class of premises licence in column (1) to which the application relates.
Fee for application for provisional statement
15.
—(1) The amount of the application fee for an application for a provisional statement under section 204(1) shall be determined by the relevant licensing authority.
(2) But the amount of that fee shall not exceed the amount specified in column (9) of the Table which is opposite the relevant class of premises licence in column (1).
(3) In paragraph (2), "the relevant class of premises licence", in relation to an application for a provisional statement in respect of premises, means the class of premises licence to which an application for a licence in respect of the premises would, if made, relate.
Richard Caborn
Minister of State Department for Culture, Media and Sport
21st February 2007
| Column (1) | Column (2) | Column (3) | Column (4) | Column (5) | Column (6) | Column (7) | Column (8) | Column (9) |
| Classes of premises licence | Maximum conversion application fee for non-fast track application | Maximum non-conversion application fee in respect of provisional statement premises | Maximum non-conversion application fee in respect of other premises | Maximum annual fee | Maximum fee for application to vary licence | Maximum fee for application to transfer a licence | Maximum fee for application for reinstatement of a licence | Maximum fee for application for provisional statement |
| Regional casino premises licence | £8,000 | £15,000 | £15,000 | £7,500 | £6,500 | £6,500 | £15,000 | |
| Large casino premises licence | £5,000 | £10,000 | £10,000 | £5,000 | £2,150 | £2,150 | £10,000 | |
| Small casino premises licence | £3,000 | £8,000 | £5,000 | £4,000 | £1,800 | £1,800 | £8,000 | |
| Converted casino premises licence | £2,000 | £3,000 | £2,000 | £1,350 | £1,350 | |||
| Bingo premises licence | £1,750 | £1,200 | £3,500 | £1,000 | £1,750 | £1,200 | £1,200 | £3,500 |
| Adult gaming centre premises licence | £1,000 | £1,200 | £2,000 | £1,000 | £1,000 | £1,200 | £1,200 | £2,000 |
| Betting premises (track) licence | £1,250 | £950 | £2,500 | £1,000 | £1,250 | £950 | £950 | £2,500 |
| Family entertainment centre premises licence | £1,000 | £950 | £2,000 | £750 | £1,000 | £950 | £950 | £2,000 |
| Betting premises (other) licence | £1,500 | £1,200 | £3,000 | £600 | £1,500 | £1,200 | £1,200 | £3,000 |
In each case, the fee determined by a licensing authority must not exceed a maximum fee specified in the relevant regulation or in the table of maximum fees in the Schedule. The table in the Schedule specifies maxima for different types of fee according to the class of premises licence to which the fee relates. Regulation 3 sets out the different classes of premises licence. Six of these classes are identical to those set out in section 150 of the Act. The remainder are defined in regulation 2.
Regulations 4 and 5 provide for licensing authorities to determine different licence application fees for conversion applications and non-conversion applications. The terms "conversion application" and "non-conversion application" are defined in regulation 2 – the former meaning an application to which paragraph 54 of Schedule 4 to the Gambling Act 2005 (Commencement No.6 and Transitional Provisions) Order 2006 (S.I. 2006/3272) ("the Transitional Order") applies.
Regulation 4 provides for two types of conversion application – fast track and non-fast track applications – which are defined in regulation 2 as meaning applications to which paragraphs 57 and 56 of Schedule 4 to the Transitional Order, respectively, apply. Regulation 4 provides for licensing authorities to determine different fees for fast track and non-fast track applications, which must not exceed amounts specified in regulation 4(2)(a) and the table in the Schedule respectively.
Regulation 5 provides for licensing authorities to determine different fees for two types of non-conversion applications:
The term "provisional statement premises" is defined in regulation 5(3).
Regulations 6(2) and (3) provide that the first annual fee for a licence determined by a licensing authority must not exceed the annual fee for the licence, determined as at the date by which the first annual fee is payable as if the annual fee were payable by that date.
Regulation 7(1) provides that, where a licence comes into effect on the date on which it is issued ("the issue date"), the first annual fee shall be paid within 30 days after that date. Regulation 7(2) provides that, where a licence specifies that it is to come into force on a date after the issue date ("the effective date"), the first annual fee shall be paid either within 30 days after the effective date, or within 12 months of the issue date, whichever is sooner. Regulation 7(2) does not apply to licences which were issued before 1st September 2007 – transitional provision as to the payment of first annual fees in respect of such licenses is made in paragraph 36 of Schedule 4 to the Transitional Order.
Regulation 9 provides for licensing authorities to determine specific first annual fees and annual fees for licences that are subject to seasonal conditions. The term "seasonal condition" is defined in regulation 9(2). Where a licensing authority does determine a specific first annual fee and annual fee in these circumstances, those fees must be less than the first annual fee and annual fee that would otherwise apply to the licence.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Frances Macleod at the Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH; email:frances.macleod@culture.gsi.gov.uk.
[2] S.I. 2006/3272 (C.119), to which there are amendments not relevant to this Order.back
