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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Gambling (Premises Licence Fees) (Scotland) Regulations 2007 No. 197 URL: http://www.bailii.org/scot/legis/num_reg/2007/20070197.html |
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| Made | 7th March 2007 | ||
| Laid before the Scottish Parliament | 8th March 2007 | ||
| Coming into force | 21st May 2007 |
(2) A reference in these Regulations to a section is a reference to the relevant section of the Gambling Act 2005.
Classes of premises licence
3.
—(1) For the purposes of these Regulations, there are the following classes of premises licence–
(2) In applying regulations 4(b), 5(1), 9, 10, 12 and 13(1)–
is to be determined as at the date that the application is made.
(3) In applying regulation 6, the class of premises licence to which an annual fee relates is to be determined as at the date by which the fee is payable.
Application fee for conversion application
4.
The amount of the application fee for a conversion application is–
Application fee for non-conversion application
5.
—(1) The amount of the application fee for a non-conversion application is–
(2) In paragraph (1) "provisional statement premises"–
Annual fee for premises licence
6.
—(1) Subject to paragraph (2), the amount of the annual fee for a premises licence is the amount specified in column (5) of the Table which is opposite the class of premises licence in column (1) to which the fee relates.
(2) Where a premises licence is issued in consequence of the grant of a non-conversion application, the amount of the first annual fee for that licence is the amount specified in column (6) of the Table which is opposite the class of premises licence in column (1) to which the fee relates.
Date by which first annual fee is payable
7.
—(1) Where a licence comes into effect on the issue date, the first annual fee for the licence shall be paid within 30 days after that date.
(2) Where a licence specifies that it is to come into effect after the issue date, the first annual fee for the licence shall be paid within–
after the issue date, whichever is sooner.
(3) Paragraph (2) does not apply to a premises licence issued before 1st September 2007.
(4) In this regulation–
Change of circumstance fee
8.
The amount of the fee under section 186(3)(a) to accompany a notification of a change of circumstance under section 186(1) is £50.
Fee for application to vary licence
9.
The amount of the application fee for an application to vary a licence under section 187(1) is the amount specified in column (7) of the Table which is opposite the class of premises licence in column (1) to which the application relates.
Fee for application to transfer
10.
The amount of the application fee for an application to transfer a licence under section 188(1) is the amount specified in column (8) of the Table which is opposite the class of premises licence in column (1) to which the application relates.
Fee for application for copy of licence
11.
The amount of the application fee for an application for a copy of a licence under section 190(1) is £25.
Fee for application for reinstatement
12.
The amount of the application fee for an application for reinstatement of a licence under section 195(2) is the amount specified in column (8) of the Table which is opposite the class of premises licence in column (1) to which the application relates.
Fee for application for provisional statement
13.
—(1) The amount of the application fee for an application for a provisional statement under section 204(1) is the amount specified in column (4) of the Table which is opposite the relevant class of premises licence in column (1).
(2) In paragraph (1), "the relevant class of premises licence", in relation to an application for a provisional statement in respect of premises, means the class of premises licence to which an application for a licence in respect of the premises would, if made, relate.
GEORGE LYON
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
7th March 2007
| Column (1) | Column (2) | Column (3) | Column (4) | Column (5) | Column (6) | Column (7) | Column (8) |
| Classes of premises licence | Conversion application fee for non-fast track application | Non-conversion application fee in respect of provisional statement premises | Fee for – (a) non-conversion application in respect of other premises; or (b) application for provisional statement | Annual fee | First annual fee following non-conversion application | Fee for application to vary licence | Fee for application – (a) to transfer a licence; or (b) for reinstatement of a licence |
| Regional casino premises licence | £6,000 | £11,250 | £11,250 | £8,440 | £5,625 | £4,880 | |
| Large casino premises licence | £3,750 | £7,500 | £7,500 | £5,620 | £3,750 | £1,600 | |
| Small casino premises licence | £2,250 | £6,000 | £3,750 | £2,810 | £3,000 | £1,350 | |
| Converted casino premises licence | £1,500 | £2,550 | £1,500 | £1,000 | |||
| Bingo premises licence | £1,200 | £840 | £2,450 | £700 | £525 | £1,200 | £840 |
| Adult gaming centre premises licence | £700 | £840 | £1,400 | £700 | £525 | £700 | £840 |
| Betting premises (track) licence | £870 | £660 | £1,750 | £1,000 | £750 | £870 | £660 |
| Family entertainment centre premises licence | £700 | £660 | £1,400 | £500 | £375 | £700 | £660 |
| Betting premises (other) licence | £1,050 | £840 | £2,100 | £400 | £300 | £1,050 | £840 |
In each case, the fee is that specified in the relevant regulation or in the table of fees in the Schedule. That table specifies fees according to the class of premises licence to which the fee relates. Regulation 3 sets out the different classes of premises licence. Six of these classes are identical to those set out in section 150 of the Act. The remainder are defined in regulation 2.
Regulations 4 and 5 provide for the fees for conversion applications and non-conversion applications. The terms "conversion application" and "non-conversion application" are defined in regulation 2 – the former meaning an application to which paragraph 54 of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272) ("the Transitional Order") applies.
Regulation 4 provides for two types of conversion application – fast track and non-fast track applications – which are defined in regulation 2 as meaning applications to which paragraphs 57 and 56 of Schedule 4 to the Transitional Order, respectively, apply. Regulation 4 provides that the fees for fast track and non-fast track applications are to be the amounts specified in regulation 4(a) and the table in the Schedule respectively.
Regulation 5 provides for different fees for two types of non-conversion applications:
The term "provisional statement premises" is defined in regulation 5(2).
Regulation 6 provides that the annual fee for a premises licence is to be as set out in column (5) of the table in the Schedule, except in the case of the first annual fee for a licence issued following a non-conversion application (where the fee will be as specified in column (6) of that table).
Regulation 7(1) provides that, where a licence comes into effect on the date on which it is issued ("the issue date"), the first annual fee shall be paid within 30 days after that date. Regulation 7(2) provides that, where a licence specifies that it is to come into force on a date after the issue date, the first annual fee shall be paid either within 30 days after the date of coming into force, or within 12 months of the issue date, whichever is sooner. Regulation 7(2) does not apply to licences which were issued before 1st September 2007 – transitional provision as to the payment of first annual fees in respect of such licences is made in paragraph 36 of Schedule 4 to the Transitional Order.
Regulations 8 to 13 set further fees.
[2] S.I. 2006/3272, to which there are amendments not relevant to this Order.back