Clause 134 - Appeal to tribunal
Gambling Bill
2:30 pm
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
The gambling commission may impose two types of conditions on an operating licence: general conditions, under clause 71, which will apply to all operating licence holders or all operating licence holders in a particular class; and individual conditions, under clause 73, which will apply to an individual operating licence. The right of appeal exists against only the decision of the commission to impose an individual condition on an operating licence, because that condition will be specific to that operating licence holder. There is no right of appeal against the imposition, amendment or revocation of a general condition by the commission, because those conditions will apply to all operating licence holders or all operators in a specific category. Those conditions must be general in nature in order for them to apply across the board.
It is difficult to see how an appeal process could be made to work in practice when so many different interests will be involved, but that does not mean that operators have no means of redress. If anyone believed that the gambling commission had acted unreasonably or unlawfully in imposing a condition, they could have a judicial review as their means of challenging it. There is a full consultation procedure for the commission's general conditions. In light of that explanation, I hope that the hon. Gentleman will withdraw the amendment.