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Practice Notes

Application for Casino Operator's Licence

Application for the Renewal of Casino Venue Licence

Application by Secretary to Suspend or Cancel Casino Licence

Application for Mortgage, Charge or Encumbrance

Application to Transfer or Alienate as a Result of Mortgage, Charge or Encumbrance

Application to Approve Casino Venue Agreements or Amendments

Appeals

Application by Casino Licence Holder or Request by Secretary to Specify, Vary or Revoke the Conditions of a Casino Licence

Application for Temporary Authority to Operate a Casino

Orders to Remove or Circumvent Significant Influence in a Casino of an Associated Person

Complaints

Application for the Renewal of Casino Venue Licence



The holder of a casino venue licence may apply to the Gambling Commission to renew its licence under s134. In deciding whether or not to renew a casino venue licence, the Gambling Commission must follow the process set out in section 135, consider the matters set out in section 136, and may not renew the licence unless it has satisfied itself in relation to all the matters in section 137.

Link to application form:
Note: These documents are in Adobe Acrobat (.pdf) format. You need to have the Adobe Acrobat Reader installed on your computer. You can download a free version from the Adobe site.

Pre-application: Commission approves the person who is to prepare the casino impact report and specifies matters including research to be undertaken
Applicant files application using specified form

Applications must be made at least one year before the expiry of the existing licence, but no more than two years before the expiry.

No fee has yet been prescribed in respect of such an application.

The application form requests photographs and fingerprints from specified persons.
Commission notifies the local authority of the application

The Commission will notify the relevant local authority that it has a right to make submissions on a date to be fixed, based on the local authority undertaking a local opinion poll or community consultation process as anticipated by s136(f). The Commission will ask the local authority to advise whether or not it intends to make submissions.
Commission:
  • Decides if it will appoint any experts to assist in making its decision.
  • Decides if it will send the application to any agency in addition to the Police and the DIA.
Commission sends the application, photographs and fingerprints to the Police and other agencies selected

The Commission will inform the Police and the agencies that any photographs and fingerprints sent to them, and any copies made by the Police or an agency, must be returned to the Commission for destruction when they report back to the Commission.
Commission sends request to DIA for information in relation to s135(1)(a)
Commission sends the reports (and any other relevant information) that it has received to applicant
Applicant makes any amendments to the application
Commission takes any steps necessary following amendment of the application
Commission negotiates with the applicant to reach agreement on confidentiality of information

Any such agreement may involve the Commission making any agreed orders under s4c(3) of the Commissions of Inquiry Act 1908.
Commission gives public notice of the application and invites written submissions from the public and any applications to be heard at a public hearing

Public notice must be in accordance with s135(5).
Commission selects representatives to appear at the hearing in accordance with s135(4)
Commission notifies applicant and selected representatives of a pre-hearing conference

Those attending should file a memorandum, which sets out who will appear, what evidence will be called, and whether the party intends to undertake cross-examination.
Commission convenes a pre-hearing conference, at which, or after which, the Commission sets a timetable

The timetable will include directions for filing and exchanging affidavits, and providing copies of documents to which the parties wish to refer.
Commission gives public notice of the hearing date
Public notice must be in accordance with s135(5).
Commission holds hearing

The public may attend. The applicant and the persons to whom the Commission has accorded party status may call witnesses and cross-examine witnesses.
Commission considers all information received throughout the process as required under s124, 125, 135, 136 and 137.
Commission considers whether or not to renew the casino venue licence and decides whether to:

  • refuse to grant the licence;
  • grant the licence; or
  • grant the licence with conditions.

If the Commission decides to grant the licence, Commission notifies applicant, the Secretary and the selected representatives of the decision and approves the associated persons



The Commission’s notice should include reasons and refer, if relevant, to the appeal rights under s235.
If the Commission decides to grant the licence but subject to conditions, Commission notifies the licence holder, affected persons and and the Secretary of the conditional approval, the proposed conditions and of the procedure to be followed

The procedure to be followed is that the licence holder, the Secretary and any other person affected may make written submissions to the Commission concerning the proposal within 20 working days or within any longer period that the Commission allows (s140(3)). The Commission will determine if there are any “affected persons”.
If the Commission decides to refuse to grant the licence, Commission notifies the applicant, the Secretary and the selected representatives of the decision




The Commission’s notice should include reasons and refer, if relevant, to the appeal rights under s235.


Commission receives written submissions from the licence holder, affected persons and the
Secretary





If it considers appropriate, Commission seeks comment from the licence holder on the submissions received from the Secretary and affected persons s140(4)




Commission considers the factors in s139(2) and makes a decision








Commission notifies the applicant, the Secretary and the affected persons of the conditions that will apply to the licence and approves the associated persons

The notice should give reasons and set out the rights of appeal under s235







Commission destroys all photographs and fingerprints.


     
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