Clause 73 - Individual condition imposed by Commission
Gambling Bill
4:30 pm

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)
I beg to move amendment No. 232A, in clause 73, page 31, line 29, at end add
', provided that the principles for attaching such condition shall be set out in the statement referred to in section 22.'.
I am not sure what the Minister is going to say to persuade me to withdraw this amendment, because it concerns the conditions that would be attached to licences. The Communications Act 2003 is much clearer about the possible nature and scope of such conditions. It is clearly important for anyone who is applying for a licence to have in advance an indication of the issues likely to be covered in the conditions attached to it.
It is important that we have greater clarity as proposed by the amendment, which basically says that the issues will be those covered in the statement made under section 22. Without such a statement, it would be difficult for anybody to challenge a determination, and I am certainly unclear about what would be the basis of success for any such challenge. I hope that the Government are willing to go at least some way towards accepting the amendment, as they thought that it was important to do something similar during the passage of the Communications Act.

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
In imposing individual conditions on operating licences, the commission will have to have regard to the licensing objectives clearly set out in clause 1 and act in accordance with the policy for licensing and regulation in clause 22. As such, amendment No. 232A is unnecessary. I hope that the hon. Gentleman's concerns are dealt with and that he will withdraw the amendment.

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)
Is the Minister assuring me that the effect of the amendment—that the conditions imposed must relate not only to the objectives in clause 1 but to
the details in clause 22—is already covered in the Bill? He is clearly nodding, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 73 ordered to stand part of the Bill.
Clauses 74 and 75 ordered to stand part of the Bill.
