Paragraph 65 Application of the Gambling Act 2005 to casino premises licences granted on a conversion applicationI1

This paragraph applies to—

This paragraph is without prejudice to paragraphs 54 to 61.

Part 8 of the 2005 Act is to have effect subject to the modifications specified in the following provisions of this paragraph.

Section 150(2) (which describes the kinds of casino premises licences) is not to apply to a casino premises licence to which this paragraph applies and instead such a licence is to be referred to as a converted casino premises licence.

A converted casino premises licence is a licence which states that it authorises premises to be used for the operation of a casino or for providing other facilities for gaming (apart from bingo); and section 150(1)(a) is to be modified accordingly.

Section 172 (which makes provision as to the effect of a premises licence in authorising the making available of gaming machines) is to be modified so as to provide for a converted casino premises licence to authorise the holder of the licence F1to do one of the following at any time (subject to sub-paragraph (6G))—

The requirements referred to in sub-paragraph (6)(za) are that—

For the purposes of sub-paragraph (6A)(c)(i), a gaming table is to be treated as being used in a casino at a particular time only if it is—

The first condition is that for the holder of a converted casino premises licence to make (subject to sub-paragraph (6E)) up to the number of gaming machines specified in the first column of the following table available for use on the premises, the floor area of the gambling area of the premises must be no less than the minimum gambling area specified in the corresponding entry in the second column of that table.

In determining the floor area of the gambling area for the purposes of sub-paragraphs (6A)(a) and (6C), all areas in which facilities for gambling are provided on the premises are to be taken into account.

The second condition is that, where premises in respect of which the licence has effect are connected to other premises in respect of which another converted casino premises licence has effect, no more than 80 gaming machines may be made available for use in total across all of those premises (taken together).

For the purposes of sub-paragraph (6E), premises in respect of which a converted casino premises licence has effect are connected to other such premises if both premises are situated at the same location or immediately adjacent to each other, except where customers can only move from one to the other by—

Where by virtue of sub-paragraph (6)(za) gaming machines are made available for use on premises in respect of which a converted casino premises licence has effect, the licence ceases to authorise its holder to make gaming machines available for use on the premises in accordance with sub-paragraph (6)(a) or (b).

Section 174(1) (which makes provision as to the kinds of premises in respect of which a casino premises licence may be granted) is not to apply where the application is for a converted casino premises licence.

Section 174(2) (which provides for casino premises licences to authorise the holder to make available any number of games of chance other than casino games)—

Section 174(3) (which provides for casino premises licences to authorise the holder to use the premises for the provision of bingo, betting or both) is not to apply F6to—

A converted casino premises licence is not to count for the purposes of any of the limits in section 175(1) to (3) (which limit the overall numbers of specified kinds of casino premises licences).

Subsections (5) and (7) of section 175 and Schedule 9 (which make provision about applications for casino premises licences) are not to apply to an application for a converted casino premises licence.

The licence holder may apply under section 187 to vary a converted casino premises licence so that it relates to premises which are different from those to which it previously related, and subsection (2) of that section (which prohibits a premises licence from being varied so as to relate to premises to which it did not previously relate) is accordingly not to have effect in relation to a converted casino premises licence.

Where a converted casino premises licence is varied to relate to premises to which it did not previously relate, those premises must be wholly or partly situated in the area of the licensing authority which issued the licence.

In this paragraph—

• “gambling area”, in relation to premises, means those areas of the premises that are indicated on the plan as areas in which facilities for gambling may be provided;

• “gaming table” means an apparatus that is designed or adapted to enable individuals to play a real game of chance where the design or adaptation is such that the apparatus is required to be controlled or operated by an individual employed or concerned in arranging for others to play the game;

• “plan” means the plan of the premises that forms part of the converted casino premises licence by virtue of section 151(1)(g) of the 2005 Act (see sub-paragraph (3) above).