124 Suitability requirements

(1)

A casino operator’s licence must not be granted and a casino venue licence must not be renewed unless the Gambling Commission is satisfied that the applicant and persons with a significant influence are suitable.

(2)

In considering whether an applicant or person with a significant influence is suitable, the Gambling Commission must take into account the following matters:

(a)

the honesty of the applicant or person with a significant influence, including—

(i)

whether the applicant or person with a significant influence has been convicted of a relevant offence; and

(ii)

whether the applicant or person with a significant influence has been disciplined by a professional body for ethical misconduct; and

(iii)

whether the applicant or person with a significant influence has been disciplined in any way during previous involvement with a casino; and

(iv)

any other matters raised in the Police report, and the report of any government agency to which the application is referred, provided under section 125; and

(b)

the financial position of the applicant or person with a significant influence, including—

(i)

whether the applicant or person with a significant influence has ever been adjudged bankrupt; and

(ii)

whether the applicant or person with a significant influence has been directly involved in the management of a company that went into receivership or liquidation; and

(iii)

whether the applicant or person with a significant influence has sufficient financial resources; and

(iv)

whether the applicant or person has been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993; and

(v)

whether the applicant or person has been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006; and

(c)

the business skills of the applicant or person with a significant influence, including—

(i)

whether the applicant or person with a significant influence has sufficient business management experience; and

(ii)

whether the applicant or person with a significant influence has sufficient experience in casino operation or the operation of similar ventures; and

(iii)

whether the applicant or person with a significant influence has qualifications relevant to the operation of a casino; and

(d)

the management structure of the applicant, including—

(i)

whether that structure is suitably arranged for effective compliance with this Act; and

(ii)

the nature of all relevant interests in the financial and management structure of the applicant; and

(iii)

whether all such interests encourage the applicant’s effective compliance with the Act; and

(e)

any other matter the Gambling Commission considers relevant.

Compare: 1990 No 62 s 23

Section 124(2)(b)(iv): inserted, on 3 March 2015, by section 74 of the Gambling Amendment Act 2015 (2015 No 3).

Section 124(2)(b)(v): inserted, on 3 March 2015, by section 74 of the Gambling Amendment Act 2015 (2015 No 3).