Territorial Extent Schedule 9: Applications for casino premises licences
458.Schedule 9 sets out the process by which an operator may obtain a casino premises licence where there is a limit on the number of the particular category of casino.
459.As a first step a licensing authority must comply with regulations made by the Secretary of State about inviting competing applications. Where that leads to a number of applications, which is greater than the number of available premises licences, a two-stage process is to take place in accordance with paragraphs 4 and 5. Under paragraph 4, the first stage of the process is for the licensing authority to undertake a regulatory test on all the applications to ensure that they all satisfy the regulatory premises licensing requirements already contained in Part 8 of the Act. The second stage of the process, described in paragraph 5, only applies if more applicants pass this test than the number of available premises licences. In those circumstances, the licensing authority will run a competition to determine which of the competing applications, if successful, would offer the greatest benefits to the local area. Paragraph 6 requires licensing authorities, in running this competition, to comply with any code of practice issued by the Secretary of State. Paragraph 7 enables any commitments entered into by the successful applicant during the competition to be attached as conditions to the premises licence.
460.Paragraph 8 makes provision for appeals against decisions of licensing authorities under paragraph 4. By virtue of paragraph 8(4) no appeal may be brought against a decision of a licensing authority under paragraph 5. Paragraphs 9 and 10 make provision for the issuing of provisional statements, including allowing licensing authorities to set a time limit on the duration of a provisional statement.