Gambling Regulation Act 2024
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Transfer of gambling licence in certain circumstances | ||
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109. (1) Where either of the circumstances specified in subsection (2) apply in respect of a licensee that is an individual who holds a gambling licence in his or her sole name, a person (in this section referred to as a “relevant applicant”) may, within 21 days of such circumstances occurring, apply to the Authority for the transfer to the relevant applicant of the gambling licence concerned. | ||
(2) The circumstances referred to in subsection (1) are— | ||
(a) the death of the licensee, or | ||
(b) the licensee ceasing to be an officer or member of an unincorporated body of persons where the licensee became a licensee of the gambling licence referred to in that subsection by reason of being such officer or member, as the case may be. | ||
(3) An application under subsection (1) shall be in such form and accompanied by such supporting documentation as the Authority may specify. | ||
(4) The Authority shall notify a relevant applicant of its decision in respect of an application under subsection (1) within 7 days of the making of the decision and the Authority shall— | ||
(a) where the decision is that the gambling licence in respect of which the application is made may be transferred, include the information set out in subsection (6), or | ||
(b) where the decision is that the gambling licence in respect of which an application may not be transferred— | ||
(i) confirm that the relevant applicant may appeal against the decision in accordance with Part 9 and the period within which such an appeal may be brought in accordance with that Part, and | ||
(ii) where applicable, include the information set out in subsection (5). | ||
(5) Subject to any order that may be made by the court under subsection (4) of section 220 on application to it by the Authority under subsection (3) of that section, the following provisions shall have effect where the circumstances referred to in subsection (2)(a) apply and the Authority decides a gambling licence may not be transferred: | ||
(a) from the date such circumstances occurred until the expiration of the period during which an appeal may be brought against that decision in accordance with Part 9, the licence shall remain in force and the relevant applicant shall, for the purposes of this Act, be deemed to be the licensee during that period; | ||
(b) where no appeal against that decision is brought, the licence shall be revoked on the expiry of that period during which an appeal may be brought; | ||
(c) where an appeal against the decision is brought— | ||
(i) the licence shall, where that appeal is refused, be revoked on such refusal, or | ||
(ii) subsection (6) shall apply where the appeal is allowed. | ||
(6) Where the Authority decides that a licence may be transferred pursuant to an application under subsection (1) or where an appeal against a decision by the Authority to refuse the transfer is allowed under Part 9— | ||
(a) the licence shall, on the making of that decision or on the appeal being allowed, stand transferred to the relevant person for the period the licence would have remained in force had the circumstances concerned not occurred, | ||
(b) the relevant applicant shall, for the purposes of this Act, be deemed to have been the licensee of that gambling licence from the date the circumstances giving rise to the application occurred, | ||
(c) a reference in this Act to a licensee shall, from the date such circumstances occurred until the expiration of that period the licence would have remained in force, include a reference to the relevant applicant, and | ||
(d) where applicable, a first application for renewal of that licence by the relevant applicant shall be treated as an application under section 112 , 118 or 125 , as the case may be. | ||
(7) The Authority shall update the register of gambling licensees as soon as practicable after a decision referred to in this section is made which affects an entry in that register. |