77 Appeal to Gambling Commission regarding class 4 venue licence

(1)

A corporate society or, if there is a venue agreement, the parties to the agreement, and the venue manager may appeal to the Gambling Commission against a decision of the Secretary to—

(a)

refuse to grant a class 4 venue licence to the corporate society; or

(b)

amend or revoke a condition of the licence, or add a new condition to it; or

(c)

refuse an application by the corporate society for the renewal of a class 4 venue licence; or

(d)

refuse to amend a class 4 venue licence held by the corporate society; or

(e)

suspend or cancel a class 4 venue licence held by the corporate society.

(1A)

To avoid doubt, the specification of an expiry date under section 70(1A) is not a decision that may be appealed to the Gambling Commission.

(2)

An appeal must be in writing and must be made within—

(a)

15 working days after the date of the notice of the Secretary’s decision; or

(b)

any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

(3)

The Gambling Commission—

(a)

may request any information from the corporate society or the parties to the agreement or the venue manager or the Secretary; and

(b)

is not bound to follow any formal procedure; and

(c)

does not need to hold a hearing; and

(d)

must consider any information provided by the corporate society, or the parties to the venue agreement, and the venue manager and the Secretary.

(4)

The Gambling Commission may—

(a)

confirm, vary, or reverse the decision of the Secretary; or

(b)

refer the matter back to the Secretary with directions to reconsider the decision.

(5)

The Gambling Commission must give notice of—

(a)

its decision, with reasons, to the corporate society, or the parties to the venue agreement, and the venue manager and the Secretary; and

(b)

the date on which its decision takes effect (which may be a date that is later than the date on which it makes the decision).

Section 77(1A): inserted, on 21 October 2015, by section 18(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 77(5): replaced, on 21 October 2015, by section 18(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).