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17/03/10

Statutory Instruments


S.I.s' approved in relation to the subjects below:
Gambling Act 2005
Sexual entertainment venues - England
Sexual entertainment venues – London 
Category: General
Posted by: Lauderdale

Statutory Instruments

2010 No. 774

Betting, Gaming And Lotteries

The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010

Coming into force in accordance with regulation 1

 

Citation and commencement

1.  These Regulations may be cited as the Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010 and come into force on the day after the day on which they are made.

 

These Regulations amend the Gambling Act 2005 (Operating Licence Conditions) Regulations 2007 (S.I. 2007/2257).

The 2007 Regulations specify conditions which are to be attached to operating licences issued under Part 5 of the Gambling Act 2005 (c. 19) in respect of facilities for prize gaming made available in bingo halls (that is, premises in respect of which a bingo premises licence has effect).

The effect of the amendments is to modify those conditions to increase the maximum participation fee and money prize levels.

The maximum participation fee for any one chance to win a prize in a particular game is increased from 50 pence to £1.

In addition, where a prize for which a game is played is money, the maximum amount of the prize is increased from £50 to £100 in cases where no persons under 18 years of age are permitted on the premises at any time when the game is being played; and from £35 to £70 in all other cases.

  

2010 No. 722 (C.48)

Licences And Licensing, England

The Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) (England) Order 2010

 

This is the first Commencement Order made under the Policing and Crime Act 2009 (“the 2009 Act”) for England only. Article 3 brings the remainder of the provisions of the 2009 Act relating to sexual entertainment venues into force on 6th April 2009. Articles 4 to 12 contain transitional and saving provisions in relation to these provisions of the Act. Broadly speaking, existing lap dancing clubs with a premises licence or club premises certificate under the Licensing Act 2003, under which it is lawful to provide such entertainment, will continue to be able to operate for one year after local authorities adopt the 2009 Act provisions or, if later, the determination of any application submitted during that year.

The Welsh Ministers have the power to commence and make equivalent transitional and saving provisions for Wales.

  

2010 No. 723

Licences And Licensing, England

The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010

Coming into force-6th April 2010

 This Order repeals provisions of a number of local Acts as a result of the coming into force of section 27 (lap dancing and other sexual entertainment venues) of the Policing and Crime Act 2009 (the “2009 Act”).

Article 2 repeals section 12 of the Greater London Council (General Powers) Act 1986 (the “1986 Act”) which requires sex encounter establishments to be licensed as sex establishments under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (the “1982 Act”) in London borough councils which have resolved to adopt these provisions. This category is replaced by sexual entertainment venues save in areas where section 12 of the 1986 Act is in force and the local authority has not yet adopted the amendments to Schedule 3 to the 1982 Act made by section 27 by resolution under paragraph 2(2) of Schedule 3 to the 2009 Act. It also provides for premises with a sex encounter establishment licence immediately before Schedule 3 to the 1982 Act as amended by section 27 comes into force in the area to continue to operate by deeming the licence to be a licence for a sexual entertainment venue.

Article 3 makes amendments to section 22 of the London Local Authorities Act 2004 in areas where a local authority has resolved to adopt Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act. In particular, the amendments mean that it will not be an offence to solicit persons, or to permit the soliciting of persons, to attend premises which are licensed as sexual entertainment venues (or where the requirement for such a licence has been waived), in contrast to other types of sex establishment.

Article 4 makes further consequential amendments to section 33 of the London Local Authorities Act 2007 which relates to the regulation of hostess bars. Specifically, it will allow London borough councils to continue to adopt the provisions in that section by resolution.

  

As always, please check with your legal section as to the impact these SI’s have on your duties.

 

 


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