GAMING AND WAGERING COMMISSION ACT 1987 - SECT 55

GAMING AND WAGERING COMMISSION ACT 1987 - SECT 55

55 .         Approving premises for gaming

        (1)         An application for the grant by the Commission of approval to the use of premises for gaming —

            (a)         in the case of premises to be used for the purposes of a specific function permit, may —

                  (i)         if the Commission agrees, be made to the Commission informally; or

                  (ii)         be made to the magistrate hearing the application for the function permit on behalf of the Commission, in which case the magistrate may grant the approval and shall cause the Commission to be notified of his decision;

                but

            (b)         in any other case, shall be made to the Commission in the prescribed manner,

                and shall, unless the Commission or the magistrate dispenses with the requirement, contained or be accompanied by such information as is prescribed and be supported by such further information as the Commission or magistrate may require.

        (2)         Premises may be approved by or on behalf of the Commission —

            (a)         specifically, to be used for the purposes of a specific function permit; or

            (b)         generally, to be used for the purposes of function permits from time to time; or

            (c)         in relation to a permit, or permits, of a continuing nature,

                subject to such conditions as are specified in the instrument of approval (which may be the specific function permit), and may be approved for the purposes only of specified kinds of permitted gaming, and particulars of the approval (other than in relation to a specific function permit) shall be noted in the register together with particulars of the person who is for the time being the holder of that approval.

        (3)         The Commission may in relation to any premises require an applicant for the grant of approval or the holder of the approval to produce to the Commission —

            (a)         a report from the local government of the district in which the premises are situated, certifying that those premises conform, or if not conforming in what respect they do not conform, to the Health (Miscellaneous Provisions) Act 1911 , to the relevant Act relating to sewerage and drainage and to any subsidiary legislation made under those Acts or the Local Government Act 1995 ; and

            (b)         a report from the authority responsible for local planning matters affecting the premises certifying —

                  (i)         that the proposed or actual use does not contravene any written law relating to local planning; or

                  (ii)         where a proposed use will not contravene such a written law only if a specified consent be given, whether or not that consent will be given and as to any conditions relating to that consent;

                and

            (c)         a report from the Commissioner of Police, or of an officer appointed by him with the approval of the Commission for that purpose, certifying that the premises are not in his opinion unsuitable for use as premises where permitted gaming of the kind proposed or to which the approval for the time being refers may occur; and

            (d)         evidence satisfactory to the Commission as to the charges proposed or made for the use of the premises for permitted gaming.

        (4)         Where the owner or occupier of any approved premises objects or changes, or for any other reason the Commission is satisfied that the circumstances so require, the Commission may in its discretion revoke its approval of the premises, or amend the conditions imposed in relation to any approval.

        (5)         The revocation, or amendment of the conditions imposed, shall take effect —

            (a)         on the day on which written notice of the decision of the Commission is given to the registered holder of the approval; or

            (b)         on such later day as is specified in that notice,

                subject to subsection (6).

        (6)         Where for any reason notice of a decision of the Commission cannot in the opinion of the Commission be conveniently given to the registered holder of the approval in relation to any premises, that notice may in default be given to any person appearing to be an occupier of the premises and be posted in a conspicuous position on the premises, and effect shall thereupon be given to the revocation or amendment in accordance with the tenor of that notice.

        (7)         An approval of premises granted by the Commission subsists in favour of the holder to whom or which the approval was first granted, or an assignee acceptable to the Commission entered in the register as the registered holder of that approval, and until —

            (a)         the term for which it was granted expires; or

            (b)         its operation is suspended pursuant to an amendment; or

            (c)         it is revoked under subsection (4),

                whichever is the sooner.

        (8)         Where the Commission proposes to revoke the approval granted in relation to any premises, or to amend the conditions imposed, the Commission shall take such steps as it considers reasonable in the circumstances to afford the registered holder of the approval and, where practicable, the owner and any other occupier who in the opinion of the Commission may be thereby prejudicially affected an opportunity to make submissions to the Commission in relation to the matter.

        (9)         Any assignment of the grant of approval by the registered holder proposed by him to the Commission shall not unreasonably be refused.

        (10)         Any assignment which is acceptable, and any revocation or amendment under this section shall be noted in the register.

        [Section 55 amended: No. 14 of 1996 s. 4; No. 35 of 2003 s. 167; No. 38 of 2005 s. 15; No. 19 of 2016 s. 101.]