Gambling Regulation Act 2024

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Determination by Authority of application for Business to Consumer gambling licence

114. (1) Subject to subsections (2) and (3), the Authority shall grant a gambling licence sought under section 112 or 113 , as the case may be—

(a) where it is satisfied—

(i) the application complies with the requirements of the section concerned,

(ii) the financial information furnished with the application demonstrates—

(I) the capacity of the proposed licensee to provide the gambling activity or activities sought to be licensed and to fund winnings, and

(II) that the winnings will be funded from lawful activities,

and

(iii) the proposed licensee, and, where applicable, each relevant officer and each beneficial owner, is a fit and proper person to hold the gambling licence concerned,

(b) where section 96 (1)(h)(i) applies in respect of a premises that is not a relevant premises, the Authority has made a determination under section 99 that the premises where it is proposed to provide a gambling activity is suitable for use for that activity,

(c) where section 102 applies, it is satisfied as to the matters set out in subsections (1) and (3) of section 103 , and

(d) where applicable, it has received the fee prescribed by the Authority under section 38 .

(2) A gambling licence granted under subsection (1)—

(a) shall specify—

(i) the relevant betting activities, including the event, series of events or class of events in respect of which the persons may provide pool betting, the relevant games or the relevant lottery, as the case may be, that may be provided pursuant to the licence,

(ii) where relevant games may be provided pursuant to the licence and the games are to be provided through a gaming machine, the number of gaming machines that may be used to provide those games, and

(iii) the premises in respect of which the Authority has made a determination referred to in subsection (1)(b) and any relevant premises specified under section 96 (1)(h)(i),

(b) where applicable, shall specify that children are permitted on the premises in accordance with a determination made under subsection (1) of section 100 subject to the conditions (if any) imposed under subsection (3) of that section,

(c) where applicable, specify that an automated teller machine or machines is or are permitted on the premises in accordance with a determination made under subsection (1) of section 101 subject to the conditions (if any) imposed under subsection (3) of that section, and

(d) is granted subject to the conditions which apply to the licence concerned under Chapter 9.

(3) The Authority shall refuse to grant a licence sought under section 112 or 113 —

(a) where it is not satisfied as to any matter referred to in subparagraphs (i) to (iii) of subsection (1)(a),

(b) for an in-person gambling licence in respect of a premises where it is proposed to provide a gambling activity, where the Authority has determined under section 99 that the premises concerned is not suitable for use for that activity,

(c) where applicable, the Authority is not satisfied as to the matters set out in subsections (1) and (3) of section 103 , or

(d) it has not received the fee prescribed by the Authority under section 38 .

(4) Where the Authority makes a decision under subsection (3) to refuse to grant a licence, it shall, by notice in writing, inform the person who made the application under section 112 or 113 , as the case may be, and, if different, the proposed licensee within 14 days of the date of the decision.

(5) The Authority shall, by notice in writing, inform the person who made an application under section 112 or 113 , as the case may be, and, if different, the proposed licensee, within 14 days of the date of a decision under subsection (1) to grant a licence but not to grant that licence in respect of—

(a) in the case of a betting licence, all the events, series of events or class of events in respect of which the person sought to provide pool betting,

(b) all the games which the person sought to provide or for the number of gaming machines proposed to be used, pursuant to the licence applied for, or

(c) all the lottery products or activities which the person sought to provide pursuant to the licence applied for.

(6) A notice under subsection (4) or (5) shall state—

(a) the reasons for the decision,

(b) that the proposed licensee is entitled to appeal against the decision of the Authority in accordance with Part 9 , and

(c) the period within which such an appeal may be brought in accordance with that Part.