S.I. 2007/173: memorandum from the Department for Culture, Media and Sport

Gambling Act 2005 (Proceedings of Licensing Committees and Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007 (S.I. 2007/173)

1.  The Committee has requested a memorandum on the following point:

Regulation 2(2) defines references to a review being determined as calling for a decision by a "licensing" committee (misprinted as "committing") but references in regulations 12 to 16 to reviews being determined appear to relate to action by a "relevant" committee (a wider concept - see regulation 2(1)); explain the apparent discrepancy.

2.  The discrepancy referred to by the Committee is not intentional. Regulation 2(2) was intended to refer to the determination of reviews by a "relevant committee". As noted by the Committee, the definition in regulation 2(2) is intended to define the expression for the purposes of regulations 12 to 16 which refer to determination of a review by a relevant committee. The term "relevant committee" has a wider meaning than "licensing committee" because the former expression includes both the licensing committee and any sub-committees established by it.

3.  The Department does not consider however that this discrepancy is likely to have any material effect. The Department believes that, whilst regulation 2(2) clarifies what is meant by a review being determined, the meaning given by that regulation reflects the natural meaning of that expression within its context. Therefore, even though the definition in regulation 2(2) does not apply to reviews determined by sub-committees, the Department considers that in practice it will have the same meaning as that given in that regulation.

4.  The provisions relating to reviews are dealt with in sections 197 to 203 of the Gambling Act 2005 ("the Act"). Section 201(3) of the Act provides that the purpose of a review is for the licensing authority to consider whether to take action of a kind specified in section 202(1) of the Act in relation to a licence. Section 202(1) sets out the actions that an authority may take as a result of a review of a premises licence under section 201 (which include revoking or suspending a licence, excluding a licence condition, removing or amending an exclusion, or adding, removing or amending a licence condition).

5.  Licensing authorities have no powers to act following a review other than in accordance with section 202. Section 203 requires an authority to give notice of their decision on the review which can only refer to the authority's decision on what action, if any, to take under section 202. In the light of the provisions of sections 201 to 203, the Department considers that, even in the absence of an express definition, any reference to a determination of a review would still necessarily have to be construed as referring to a decision on what action, if any, to take under section 202 of the Act following a review.

6.  The Department is grateful to the Committee for pointing out the discrepancy between regulation 2(2) and other provisions of the Regulations. For the reasons given above, the Department does not consider that this affects, or will cause any confusion regarding, the substance or application of the Regulations. The Department is currently implementing the Act (which is due to be fully commenced by 1 September 2007) and will consider amending regulation 2(2) when a suitable opportunity arises.

Department for Culture, Media and Sport

26 February 2007