Clause 46 - Entering premises

Gambling Bill

Public Bill Committees, 30 November 2004, 2:30 pm

Question proposed, That the clause stand part of the Bill.

Photo of Mr Don Foster

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

I apologise for detaining the Committee; I know that we want to make progress. This morning, however, we had an interesting debate about the licensing arrangements for regional casinos and what part or parts of a regional casino are covered. The Minister explained clearly that the entirety of a regional casino—all parts of the premises, including the entertainment and shopping areas and any activities taking place under that one roof—are covered by the regional casino licence. Clause 46 refers to offences that would be created by a young person entering such premises in respect of clause 44.

During the lunch break, I had an opportunity to reflect on the answers that the Minister gave earlier. Clause 44 is referred to in clause 46, and I note that clause 44(2) clearly mentions a disapplication when

''a child or young person is permitted to enter a part of premises which are being used for a regional casino, and . . . that part is not being used in reliance on the casino premises licence when the child or young person is invited or permitted to enter.''

The implication—as I read it, using common sense—is that a regional casino can be built so that parts of it do not have to rely on a regional casino licence, contrary to what the Minister told us this morning. I would be grateful for clarification, because the matter has a significant impact on clause 46.

Photo of Mr Richard Caborn

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

I do not think that I can explain that in any more detail than I did this morning. The regional casino in its totality, including the gambling area, is licensed. The discussion this morning was about whether one could get a sub-licence to operate category D machines.

Photo of Mr Don Foster

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

The Minister has just repeated that the entirety of the premises is covered by the casino premises licence, yet clause 44(2)(b) says

''that part is not being used in reliance on the casino premises licence''.

What part of a regional casino could be not reliant on a casino premises licence?

Photo of Mr Richard Caborn

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

If the hon. Gentleman refers back to amendment No. 228, which we discussed this morning, he will find that it makes it clear that the exclusion of children applies to areas where facilities for gambling are provided. That should clear that up. The explanation on clause 46—I hope that it reassures the hon. Gentleman—is that a young person would commit an offence if he or she entered a casino, betting office, adult gaming centre or adult area of a licensed family entertainment centre. I hope that that is sufficient explanation, and that the clause will stand part of the Bill.

Question put and agreed to.

Clause 46 ordered to stand part of the Bill.