Gambling Regulation Act 2024
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Renewal of Business to Consumer gambling licence | ||
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115. (1) Subject to subsections (3) and (4), the Authority shall renew a Business to Consumer gambling licence, other than a licence for a once-off lottery, on application to it in that behalf by the licensee of the licence where the application— | ||
(a) is made within such period, before the expiry of the licence concerned, as is specified by the Authority, | ||
(b) is in such form as may be specified by the Authority, | ||
(c) contains the information referred to in section 112 (2)(a) and (b), and | ||
(d) is accompanied by— | ||
(i) the updated relevant information and documentation, and | ||
(ii) where applicable, such fee as may be prescribed by the Authority under section 38 . | ||
(2) Where section 104 (1)(e)(i) applies in respect of a premises that is not a relevant premises, the Authority shall make a determination under section 99 as to whether the premises where it is proposed to provide a relevant gambling activity is suitable for use for that activity. | ||
(3) A Business to Consumer gambling licence renewed under this section— | ||
(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 (2) and any relevant premises specified under section 104 (1)(e)(i), | ||
(b) where applicable, specify that children are permitted on the premises in accordance with a determination made under subsection (2) 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 (2) 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. | ||
(4) The Authority shall refuse to renew a licence where— | ||
(a) subject to subsection (8), paragraphs (a) to (d) of subsection (1) have not been complied with, | ||
(b) it is no longer satisfied as to any of the matters set out in section 114 (1)(a)(ii) or (iii), | ||
(c) having considered, where applicable, the information furnished in accordance with section 104 (1)(b)(ii) and any supporting documentation or other evidence furnished with that information, it is not satisfied as to the matters set out in section 103 (3), or | ||
(d) it has not received the fee prescribed by the Authority under section 38 for such renewal. | ||
(5) Subject to subsections (6) and (7), where an application for renewal of a Business to Consumer licence under this section is not determined by the Authority before the expiry of the licence concerned, the licence shall continue in force until the later of the following occurs: | ||
(a) the application for renewal has been determined; or | ||
(b) the period allowed for bringing an appeal under Part 9 against the decision of the Authority to refuse to renew the licence has expired and either— | ||
(i) no appeal has been made, or | ||
(ii) an appeal has been made and, if applicable, an application to the Circuit Court has been brought under subsection (6), that application has been refused. | ||
(6) A licensee who, within the period allowed for bringing an appeal under Part 9, brings an appeal against a decision of the Authority to refuse to renew a licence may, within that period, apply to the Circuit Court, on notice to the Authority, for an order that the licence remain in force pending the making of a decision on appeal. | ||
(7) Where the Circuit Court grants an application under subsection (6) and an appeal is refused under Part 9 , the licence concerned shall cease to be in force on the date of such refusal on appeal. | ||
(8) Where an application under subsection (1) for the renewal of a licence does not comply with paragraph (a) of that subsection, the application shall, unless it is shown to the satisfaction of the Authority that there are exceptional circumstances justifying such failure to comply, be treated as a first application for the licence concerned and section 112 shall apply accordingly. | ||
(9) A contravention or alleged contravention of a relevant obligation by a licensee shall be dealt with or continue to be dealt with under Part 8 and, accordingly, the renewal of the licensee’s licence under this section does not prejudice or affect the operation of that Part, any proceedings under that Part or under any other provision of this Act. | ||
(10) Where the Authority makes a decision under subsection (4) to refuse to renew a licence, it shall notify the licensee concerned within 14 days of the date of the decision and the notice shall state— | ||
(a) the reasons for the decision, | ||
(b) that the 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. |