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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2006 No. 3284 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063284.html |
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| Made | 10th December 2006 | ||
| Laid before Parliament | 11th December 2006 | ||
| Coming into force | |||
| for the purpose of regulations 1 to 26 and Schedules 1 to 6 | 1st January 2007 | ||
| for the purpose of regulation 27 | 1st September 2007 |
| 1. | Citation and commencement |
| 2. | General interpretation |
| 3. | Units of division |
| 4. | Application of this Part |
| 5. | Non-remote new casino operating licences: fee categories |
| 6. | Other non-remote operating licences: fee categories |
| 7. | Application fees for non-remote operating licences |
| 8. | Annual fees and first annual fees for non-remote operating licences |
| 9. | Application of this Part |
| 10. | Remote operating licences: fee categories |
| 11. | Application fees for remote operating licences |
| 12. | Annual fees and first annual fees for remote operating licences |
| 13. | Fees for remote general betting (limited) operating licences |
| 14. | Fees for ancillary remote operating licences |
| 15. | Combined operating licence |
| 16. | Application fee for combined operating licence |
| 17. | Annual fees and first annual fees for combined operating licences |
| 18. | Fee for simultaneous applications for two operating licences |
| 19. | Fee payable on application for a licence when another application is pending |
| 20. | Fee payable when holder of existing licence applies for another licence |
| 21. | Annual fees for holders of two operating licences |
| 22. | Interpretation |
| 23. | Change in corporate control application fee |
| 24. | Fees for applications to vary operating licences |
| 25. | Maximum fee for copy of operating licence |
| 26. | Date for payment of first annual fee |
| 27. | Application fee for single-machine supply and maintenance permit |
| SCHEDULE 1— | Categories of non-remote operating licences14 |
| SCHEDULE 2— | Application fees for non-remote operating licences17 |
| SCHEDULE 3— | Annual fees for non-remote operating licences19 |
| SCHEDULE 4— | Categories of remote operating licences21 |
| SCHEDULE 5— | Application fees for remote operating licences23 |
| SCHEDULE 6— | Annual fees for remote operating licences24 |
(2) A reference in these Regulations to a section is, unless the contrary intention appears, a reference to a section of the Act.
Units of division
3.
—(1) This regulation defines the units by reference to which licences are to be assigned to categories for the purpose of prescribing certain fees (see regulations 6 and 10).
(2) The units are—
| A + B − C |
(b) in relation to a non-remote existing casino operating licence the annual gross gaming yield, which is the gross gaming yield within the meaning of section 11(8) of the Finance Act 1997[2] to be generated in the relevant period from the premises on which gaming authorised by the licence takes place;
(c) in relation to a lottery operating licence the annual proceeds, which is the aggregate of the proceeds of lotteries authorised by the licence to be promoted wholly or partly in the relevant period;
(d) in relation to a non-remote general betting (limited) operating licence the number of working days, which is the maximum number of days in the relevant period on which the licence will authorise the licensee to undertake the activity authorised by that licence; and
(e) in relation to a non-remote general betting (standard) operating licence the number of licensed premises, which is the maximum number of sets of premises on which the licence will authorise the licensee to carry on the activities authorised by the licence in the relevant period.
(3) In paragraph (2)—
(4) In paragraph (3)(b) "effective date", in relation to a licence in respect of which an annual fee or first annual fee is prescribed, means the day on which the licence took effect.
Non-remote new casino operating licences: fee categories
5.
A new casino operating licence to which this Part applies:
Other non-remote operating licences: fee categories
6.
—(1) A licence to which this Part applies (other than a new casino operating licence) is a licence of the category indicated in the table in Schedule 1.
(2) In that table:
(3) In this regulation "relevant period" has the same meaning as in regulation 3.
Application fees for non-remote operating licences
7.
—(1) Subject to regulations 16 and 18 to 20, the application fee—
(2) In applying regulations 5 and 6 for the purposes of calculating the amount of an application fee under this regulation any reference to—
is to be treated (as appropriate) as a reference to the activities, number or amount that the licence would authorise if granted in accordance with the application.
Annual fees and first annual fees for non-remote operating licences
8.
—(1) Subject to regulations 17 and 21, the annual fee—
(2) In applying this regulation the category to which a particular licence is assigned is to be determined as at the date by which the annual fee for the licence is payable.
(3) The first annual fee for a licence to which this Part applies is 75 per cent of the annual fee for that licence, as determined in accordance with paragraph (1).
Remote operating licences: fee categories
10.
—(1) A licence to which this Part applies (other than a remote general betting (limited) operating licence or an ancillary remote operating licence) is a licence of the category indicated in the table in Schedule 4.
(2) In that table:
(3) In this regulation "relevant period" has the same meaning as in regulation 3.
Application fees for remote operating licences
11.
—(1) Subject to regulations 13(1), 14(6), 16 and 18 to 20, the application fee—
(2) In applying regulation 10 for the purposes of calculating the amount of an application fee under this regulation any reference to the number or amount of the unit of division authorised by the licence is to be treated as a reference to the number or amount that the licence would authorise if granted in accordance with the application.
Annual fees and first annual fees for remote operating licences
12.
—(1) Subject to regulations 13(2)(b), 14(7), 17(2) and 21, the annual fee—
(2) In applying this regulation the category into which a particular licence falls is to be determined as at the date by which the annual fee for the licence is payable.
(3) Subject to regulations 13(2)(a), 14(8), 17(3) and 21, the first annual fee for a remote operating licence is the same amount as the annual fee.
Fees for remote general betting (limited) operating licences
13.
—(1) Subject to regulations 16 and 18 to 20, the application fee for a remote general betting (limited) operating licence is £660.
(2) Subject to regulations 17 and 21—
Fees for ancillary remote operating licences
14.
—(1) An ancillary remote operating licence is a licence to which any of paragraphs (2) to (5) applies.
(2) This paragraph applies to a remote operating licence which—
(3) This paragraph applies to a remote operating licence which—
(4) This paragraph applies to a remote operating licence which—
(b) only authorises the licensee to provide facilities for betting by means of a telephone.
(5) This paragraph applies to a remote operating licence which—
(b) only authorises the licensee to supply software by email.
(6) The application fee for an ancillary remote operating licence is £100.
(7) The first annual fee for an ancillary remote operating licence is £25.
(8) The annual fee for an ancillary remote operating licence is £25.
(9) Nothing in this regulation limits the generality of the powers conferred by sections 75, 77 and 78 of the Act (conditions imposed by Commission (general and individual) and the Secretary of State) to attach conditions to ancillary remote operating licences.
Application fee for combined operating licence
16.
Subject to regulations 18 to 20, the application fee for a combined operating licence is the sum of—
Annual fees and first annual fees for combined operating licences
17.
—(1) This regulation is subject to regulation 21.
(2) The annual fee for a combined operating licence shall be the aggregate of—
(3) The first annual fee for—
Fee for simultaneous applications for two operating licences
18.
—(1) This regulation applies where a person applies for—
at the same time.
(2) The relevant licence is the licence referred to in paragraph (1) the application for which, apart from this regulation, would attract the lesser application fee.
(3) The application fee for the relevant licence is 25 per cent of the application fee that would, but for this regulation, be payable in respect of that licence.
Fee payable on application for a licence when another application is pending
19.
—(1) This regulation applies where a person who has applied for an operating licence ("the first application") applies for another operating licence ("the second application") before the first application has been determined in accordance with section 74.
(2) Where —
(3) In paragraph (1) "operating licence" does not include an ancillary remote operating licence.
Fee payable when holder of existing licence applies for another licence
20.
—(1) This regulation applies where a person who holds an operating licence ("the first licence") applies for another operating licence ("the second application").
(2) Where—
(3) In paragraph (1) "operating licence" does not include an ancillary remote operating licence.
Annual fees for holders of two operating licences
21.
—(1) This regulation applies where a person holds both—
("the licences").
(2) Where a first annual fee ("the relevant first annual fee") is paid—
(3) Where an annual fee ("the relevant annual fee") is paid—
(4) Paragraph (3) is not to apply where the annual fee which was previously paid in respect of the other licence was reduced in accordance with that paragraph.
Interpretation
22.
In regulations 18 and 21—
(6) The fee to accompany each of the applications to which paragraph (5) applies is the amount calculated in accordance with the following formula—
| (0.75 × A) ÷ 2 |
(7) In paragraph (5)—
Fees for applications to vary operating licences
24.
—(1) The fee to accompany an application under section 104(1)(a) to vary a licence by adding or amending a licensed activity is, respectively, 25 per cent of the application fee for a licence that would only authorise the licensee to engage in—
(2) The fee to accompany an application under section 104(1)(a) to vary a licence by removing a licensed activity is £25.
(3) The fee to accompany an application under section 104(1)(b) to vary a licence by amending another detail of the licence is £25.
(4) The fee to accompany an application under section 104(1)(c) to vary a condition attached to a licence shall be determined in accordance with the following paragraphs.
(5) Where the effect of the application (if granted) would be to bring the licence within a new category (pursuant to regulations 5, 6 or 10), the fee is 25 per cent of the application fee for a licence that falls within that category.
(6) In any other case, the fee is 25 per cent of the application fee for a licence in the category to which the condition sought to be varied relates.
(7) But if the condition which it is sought to vary relates to more than one category, the fee shall be 25 percent of the highest of the application fees payable for licences in the categories to which the condition relates.
Maximum fee for copy of operating licence
25.
The fee for issuing a copy of an operating licence under section 107 shall not exceed £25.
| Column (1) | Column (2) | Column (3) | Column (4) | Column (5) | Column (6) | Column (7) |
| Description of licence | Unit of division | Category A | Category B | Category C | Category D | Category E |
|
Existing casino operating licence |
Annual gross gaming yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million | ||
|
Bingo operating licence |
Number of licensed premises | 4 or fewer | 5 to 15 | 16 to 50 | 51 to 99 | 100 or more |
|
General betting (limited) operating licence |
Number of working days | 75 or fewer | 76 to 199 | 200 or more | ||
|
General betting (standard) operating licence |
Number of licensed premises | 4 or fewer | 5 to 15 | 16 to 50 | 51 to 199 | 200 or more |
| Pool betting operating licence | Annual gross gambling yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million | ||
| Betting intermediary operating licence | Annual gross gambling yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million | ||
|
Gaming machine general operating licence for an adult gaming centre |
Number of licensed premises | 4 or fewer | 5 to 15 | 16 to 50 | 51 to 99 | 100 or more |
|
Gaming machine general operating licence for a family entertain-ment centre |
Number of licensed premises | 4 or fewer | 5 to 15 | 16 to 50 | 51 to 99 | 100 or more |
|
Gaming machine technical (full) operating licence |
Value of annual gross sales | Up to £500,000 | £500,000 or greater, up to and including £6 million | Greater than £6 million | ||
|
Gaming machine technical (supplier) operating licence |
Value of annual gross sales | Up to £500,000 | £500,000 or greater, up to and including £6 million | Greater than £6 million | ||
|
Gaming machine technical (software) operating licence |
Value of annual gross sales | Up to £500,000 | £500,000 or greater, up to and including £6 million | Greater than £6 million | ||
| Gambling software operating licence | Value of annual gross sales | Up to £500,000 |
£500,000 or greater, up to and including £6 million |
Greater than £6 million | ||
|
Lottery operating (external lottery manager) licence |
Annual proceeds | Up to £500,000 | £500,000 or greater, up to and including £6 million | Greater than £6 million | ||
| Lottery operating (society) licence | Annual proceeds | Up to £100,000 |
£100,000 or greater, up to and including £500,000 |
Greater than £500,000 |
| Column (1) | Column (2) | Column (3) | Column (4) | Column (5) | Column (6) |
|
Description of licence |
Category A | Category B | Category C | Category D | Category E |
|
Existing casino operating licence |
£6,588 | £9,882 | £19,765 | ||
|
New casino operating licence |
£28,988 | £38,047 | £43,482 | ||
|
Bingo operating licence |
£988 | £1,647 | £3,294 | £17,295 | £20,753 |
|
General betting (limited) operating licence |
£180 | £360 | £990 | ||
|
General betting (standard) operating licence |
£988 | £988 | £3,459 | £17,295 | £40,518 |
|
Pool betting operating licence |
£659 | £1,647 | £4,941 | ||
|
Betting intermediary operating licence |
£200 | £200 | £200 | ||
|
Gaming machine general operating licence for an adult gaming centre |
£988 | £988 | £1,647 | £4,941 | £16,471 |
|
Gaming machine general operating licence for a family entertainment centre |
£988 | £988 | £1,647 | £4,941 | £16,471 |
|
Gaming machine technical (full) operating licence |
£988 | £1,647 | £16,471 | ||
|
Gaming machine technical (supplier) operating licence |
£988 | £1,647 | £4,941 | ||
|
Gaming machine technical (software) operating licence |
£988 | £4,941 | £16,471 | ||
|
Gambling software operating licence |
£988 | £4,941 | £16,471 | ||
|
Lottery operating (external lottery manager) licence |
£988 | £1,647 | £2,306 | ||
|
Lottery operating (society) licence |
£165 | £247 | £329 |
| Column (1) | Column (2) | Column (3) | Column (4) | Column (5) | Column (6) |
|
Description of licence |
Category A | Category B | Category C | Category D | Category E |
|
Existing casino operating licence |
£12,267 | £15,537 | £221,654 | ||
|
New casino operating licence |
£36,619 | £72,694 | £145,388 | ||
|
Bingo operating licence |
£1,327 | £5,308 | £12,645 | £26,842 | £58,573 |
|
General betting (limited) operating licence |
£150 | £350 | £950 | ||
|
General betting (standard) operating licence |
£1,327 | £5,308 | £12,645 | £27,647 | £159,279 |
|
Pool betting operating licence |
£1,591 | £3,062 | £3,062 | ||
|
Betting intermediary operating licence |
£200 | £3,062 | £3,062 | ||
|
Gaming machine general operating licence for an adult gaming centre |
£1,212 | £4,848 | £9,696 | £19,866 | £27,647 |
|
Gaming machine general operating licence for a family entertainment centre |
£878 | £3,512 | £7,024 | £15,966 | £26,842 |
|
Gaming machine technical (full) operating licence |
£2,221 | £4,744 | £10,631 | ||
|
Gaming machine technical (supplier) operating licence |
£1,801 | £2,432 | £3,062 | ||
|
Gaming machine technical (software) operating licence |
£1,151 | £2,896 | £4,641 | ||
|
Gambling software operating licence |
£1,151 | £2,896 | £4,641 | ||
|
Lottery operating (external lottery manager) licence |
£1,486 | £1,696 | £1,906 | ||
|
Lottery operating (society) licence |
£261 | £519 | £1,044 |
| Column (1) | Column (2) | Column (3) | Column (4) | Column (5) |
|
Description of licence |
Unit of division | Category F | Category G | Category H |
| Casino operating licence | Annual gross gambling yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million |
| Bingo operating licence | Annual gross gambling yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million |
| General betting (standard) operating licence | Annual gross gambling yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million |
| Betting intermediary operating licence | Annual gross gambling yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million |
| Pool betting operating licence | Annual gross gambling yield | Up to £5 million |
£5 million or greater, up to and including £100 million |
Greater than £100 million |
| Gaming machine technical (full) operating licence | Value of annual gross sales | Up to £500,000 |
£500,000 or greater, up to and including £6 million |
Greater than £6 million |
| Gaming machine technical (supplier) operating licence | Value of annual gross sales | Up to £500,000 |
£500,000 or greater, up to and including £6 million |
Greater than £6 million |
| Gaming machine technical (software) operating licence | Value of annual gross sales | Up to £500,000 |
£500,000 or greater, up to and including £6 million |
Greater than £6 million |
| Gambling software operating licence | Value of annual gross sales | Up to £500,000 |
£500,000 or greater, up to and including £6 million |
Greater than £6 million |
| Lottery operating (external lottery manager) licence | Annual proceeds | Up to £500,000 |
£500,000 or greater, up to and including £6 million |
Greater than £6 million |
| Lottery operating (society) licence | Annual proceeds | Up to £100,000 |
£100,000 or greater, up to and including £500,000 |
Greater than £500,000 |
| Column (1) | Column (2) | Column (3) | Column (4) |
|
Description of licence |
Category F | Category G | Category H |
|
Casino operating licence |
£28,988 | £34,423 | £38,047 |
|
Bingo operating licence |
£1,647 | £3,294 | £16,471 |
|
General betting (standard) operating licence |
£988 | £3,294 | £16,471 |
|
Betting intermediary operating licence |
£9,882 | £13,176 | £16,471 |
|
Pool betting operating licence |
£659 | £1,647 | £4,941 |
|
Gaming machine technical (full) operating licence |
£988 | £1,647 | £16,471 |
|
Gaming machine technical (supplier) operating licence |
£988 | £1,647 | £4,941 |
|
Gaming machine technical (software) operating licence |
£988 | £4,941 | £16,471 |
|
Gambling software operating licence |
£9,882 | £13,176 | £16,471 |
|
Lottery operating (external lottery manager) licence |
£988 | £1,647 | £2,306 |
|
Lottery operating (society) licence |
£165 | £247 | £329 |
| Column (1) | Column (2) | Column (3) | Column (4) |
|
Description of licence |
Category F | Category G | Category H |
|
Casino operating licence |
£12,733 | £34,176 | £66,341 |
|
Bingo operating licence |
£12,733 | £34,176 | £66,341 |
|
General betting (standard) operating licence |
£12,733 | £34,176 | £66,341 |
|
Betting intermediary operating licence |
£12,733 | £34,176 | £66,341 |
|
Pool betting operating licence |
£12,733 | £34,176 | £66,341 |
|
Gaming machine technical (full) operating licence |
£12,733 | £34,176 | £66,341 |
|
Gaming machine technical (supplier) operating licence |
£12,733 | £34,176 | £66,341 |
|
Gaming machine technical (software) operating licence |
£12,733 | £34,176 | £66,341 |
|
Gambling software operating licence |
£12,733 | £34,176 | £66,341 |
|
Lottery operating (external lottery manager) licence |
£12,733 | £34,176 | £66,341 |
|
Lottery operating (society) licence |
£2,372 | £4,370 | £6,361 |
Regulations 16 and 17 prescribe the application and annual fees payable in respect of combined operating licences. These are determined by aggregating—
Regulation 17(3)(a) provides that, as with single category non-remote operating licences, the first annual fee for a combined non-remote operating licence is subject to a 25 per cent discount.
Part 4 also provides special fees where a person who already holds an operating licence applies for another.
Regulations 18 and 21 make provision, respectively, for the application and annual fees that are payable when a person applies for or holds two operating licences simultaneously. The Regulations provide that, in these circumstances, the lesser of the ordinary application or annual fees payable in respect of the licences are discounted by specified amounts (and the full amount of the greater fees is paid). Regulation 22 makes clear that the discounted fees payable under regulations 18 and 21 also apply where one or both of the licences is a combined operating licence.
Regulations 19 and 20 replicate the effect of regulation 18 in relation to the application fee payable when—
Part 5 of the Regulations prescribes other fees relating to operating licences. Regulation 23 prescribes the fee payable when a person makes a change of corporate control application under section 102 of the Act. Different fees are prescribed depending on whether—
Regulation 23(1) prescribes the fee that is payable where none of these situations apply.
Regulation 24 prescribes the fee payable when a person makes an application to vary a licence under section 104 of the Act. Different fees are prescribed for—
The fees payable when a person makes an application to vary a licence under section 104(1)(c) differ depending on whether the effect of the application would be to bring the licence within a new category of licence (as defined in regulations 5, 6 or 10) (regulation 24(4) to (7)).
Regulation 25 prescribes the maximum fee payable on application for a copy of an operating licence under section 107.
Regulation 26 provides that the first annual fee payable in respect of an operating licence shall be paid within 30 days of the date on which the licence was issued (section 100(1)(a) of the Act).
Regulation 27 prescribes the fee payable on application for a single-machine supply and maintenance permit under section 250 of the Act.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Donald Sproson at The Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH; email: donald.sproson@culture.gsi.gov.uk.
[2] 1997 c. 16. Section 11 was amended by section 11(1) and (2) of the Finance Act 1998 (c. 36) and section 10(1) of the Finance Act 2006 (c. 25).back