Gambling Regulation Act 2024
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Power to impose charge to fund Authority | ||
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41. (1) The Authority shall, from time to time, with the consent of the Minister, prescribe a financial period (in this Chapter referred to as the “relevant financial period”) by reference to which future operational costs incurred during that period shall be estimated. | ||
(2) The Authority shall, for the purposes of funding the operational costs for a relevant financial period, on each occasion when it prescribes a relevant financial period under subsection (1), with the consent of the Minister, determine, having regard to the matters referred to in subsection (3), the charge payable by different licensees in respect of different gambling licences for the relevant financial period concerned. | ||
(3) The matters referred to in subsection (2) to which the Authority is to have regard are: | ||
(a) in relation to each gambling licence held by a licensee, the number and type of relevant gambling activities or relevant gambling products or relevant gambling related services authorised by the licence; | ||
(b) the duration that a gambling licence remains in force in accordance with section 108 ; | ||
(c) where a licensee is already providing relevant gambling activities or relevant gambling products or relevant gambling related services, the turnover from the provision of such activities, products or services, as the case may be; | ||
(d) where a licensee held a licence or permit under the Act of 1929, the Act of 1931 or the Act of 1956, the turnover from activities conducted pursuant to the licence or permit; | ||
(e) where a licensee directs or directed, or is or was the beneficial owner of, a private members’ club at which gambling activities are or were carried on under the Act of 2010, the turnover from the gambling activities concerned; | ||
(f) where a licensee has not previously held a gambling licence, the estimated turnover from the provision of relevant gambling activities or relevant gambling products or relevant gambling related services, as the case may be; | ||
(g) the administrative costs, actual or estimated, incurred by a licensee in providing relevant gambling activities or relevant gambling products or relevant gambling related services, as the case may be. | ||
(4) The Authority may, from time to time, following consultation with the Minister, by regulations provide for exemptions (whether in whole or in part) from the payment of charges by licensees of gambling licences for charitable or philanthropic purposes having regard to— | ||
(a) whether the licence is granted pursuant to an application under either section 118 or 120 or pursuant to an application under section 119 for a once-off activity, or | ||
(b) the turnover of those licensees. | ||
(5) The Authority shall issue a notice in writing to each licensee by whom a charge is payable in accordance with subsection (2) setting out— | ||
(a) the charge payable and the basis for the calculation of that charge, | ||
(b) that the charge is payable by the licensee concerned within the period of 30 days of the date of the notice, | ||
(c) the form and manner in which payment is to be made, | ||
(d) the rate of interest payable on such part of the charge that remains unpaid at the expiration of the 30 days referred to in paragraph (b), and | ||
(e) the right of the person to bring an appeal in accordance with Part 9 against the amount of the charge referred to in paragraph (a) and the period within which the appeal may be brought in accordance with that Part. |