Racing Board and Racecourses (Amendment) Act, 1975

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Appeals against decisions of Board in relation to course-betting permits.

5.—(1) Where, after the commencement of this section, the Board refuses to grant a course-betting permit to a licensed bookmaker, or suspends or revokes a course-betting permit held by a licensed bookmaker, the bookmaker may, within the period of 21 days beginning on the day on which the Board decides on the refusal, suspension or revocation, appeal in writing to the Appeal Committee against the refusal, suspension or revocation.

(2) On an appeal under this section, the Appeal Committee, after conducting a hearing in relation to the appeal, shall either refuse the appeal or—

(a) in the case of an appeal against the refusal of a permit, direct the Board (who shall comply with the direction and any direction under paragraph (b) or (c) of this subsection) to grant a permit,

(b) in the case of an appeal against a suspension of a permit, annul the suspension, vary the period of the suspensionor the date on which it is to begin or both, or annul the suspension and direct the Board to revoke the permit, and

(c) in the case of an appeal against a revocation of a permit, annul the revocation or annul the revocation and direct the Board to suspend the permit for a period beginning and ending on dates specified by the Committee.

(3) Where a course-betting permit is refused, suspended or revoked, notice of the refusal, suspension or revocation shall be served on the licensed bookmaker concerned either personally or by post within the period of 7 days beginning on the day on which the Board decides on the refusal, suspension or revocation.

(4) Where a course-betting permit is suspended or revoked, the suspension or revocation shall be expressed (and, subject to subsection (5) of this section, shall have effect accordingly) as coming into operation on a specified day, but, unless the suspension or revocation is in respect of a failure or neglect to pay or credit to a person an amount due to the person by the licensed bookmaker concerned in respect of a bet entered into by the person with the bookmaker, the specified day shall not be before the expiration of the period of 21 days beginning on the day on which the Board decides on the suspension or revocation.

(5) Where—

(a) an appeal is taken under this section against the suspension or revocation of a permit,

(b) the suspension or revocation is not in respect of a failure or neglect to pay or credit to a person an amount due to the person by the licensed bookmaker concerned in respect of a bet entered into by the person with the bookmaker, and

(c) on the day on which the suspension or revocation is expressed as coming into operation, the appeal has not been withdrawn or determined,

the operation of the suspension or revocation shall stand suspended until (as may be appropriate) the appeal is withdrawn or refused, the suspension or revocation is annulled or the suspension is varied, by the Appeal Committee.

(6) At a hearing conducted by the Appeal Committee in relation to an appeal under this section—

(a) the appellant may appear in person or by counsel, solicitor or agent,

(b) the Board may appear by counsel or solicitor or by an officer of the Board,

(c) the appellant and the Board may tender any evidence relevant to the appeal, and—

(i) the appellant may examine and re-examine witnesses called by him and cross-examine witnesses called by the Board, and

(ii) the Board may examine and re-examine witnesses called by it and cross-examine witnesses called by the appellant,

(d) if, in relation to any witness, the Appeal Committee so determines or either party to the appeal so requests, the Appeal Committee shall require the witness to be examined on oath (which the chairman is hereby empowered to administer).

(7) The Appeal Committee shall cause hearings in relation to an appeal under this section to be held as soon as may be and shall cause not less than 21 days notice of their dates, times and places to be given to the appellants concerned and to the Board.

(8) (a) The Appeal Committee may—

(i) summon witnesses to attend hearings conducted by it,

(ii) require any such witness to answer any question relevant to the appeal and to produce to it any document in his power or control.

(b) A witness before the Appeal Committee shall be entitled to the same immunities and privileges as if he were a witness in the High Court, and claims of privilege and immunity shall be determined by the Committee.

(c) A summons shall be signed by at least one member of the Appeal Committee.

(d) If any person—

(i) on being duly summoned as a witness before the Appeal Committee makes default in attending, or

(ii) being in attendance as a witness refuses to take an oath legally required by the Committee to be taken, or to produce any document in his power or control legally required by the Committee to be produced by him, or to answer any question to which the Committee may legally require an answer,

he shall be guilty of an offence and, upon summary conviction, shall be liable to a fine not exceeding £500 or, at the discretion of the Court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment.

(9) Section 24 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) Whenever the Board, in the exercise of its powers under this section, proposes to consider an application for the grant of a course-betting permit to a licensed bookmaker or the question of the suspension or revocation of a course-betting permit held by a licensed bookmaker, the following provisions shall have effect—

(a) the Board shall inform the licensed bookmaker in writing of the proposal,

(b) the licensed bookmaker may, within seven days after being so informed, request the Board to afford him an opportunity of making to the Board, in relation to the proposal, representations, oral or written, and the Board shall grant any such request and shall consider any such representations made to it.”.