Clause 120 - Nature of personal licence

Gambling Bill – in a Public Bill Committee at 10:45 am on 2 December 2004.

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Photo of Richard Caborn Richard Caborn Minister of State (Sport and Tourism), Department for Culture, Media & Sport 10:45, 2 December 2004

I beg to move amendment No. 293, in page 56, line 9, leave out 'a specified function' and insert

'the functions of a specified management office, or to perform a specified operational function,'.

Photo of Roger Gale Roger Gale Conservative, North Thanet

With this it will be convenient to discuss the following:

Amendment No. 249, in page 56, line 9, after 'function', insert

'or a number of specified functions'.

Amendment No. 250, in page 56, line 11, at end insert

', or

'(c) a person who administers arrangements for gambling'.

Government amendment No. 294.

Photo of Richard Caborn Richard Caborn Minister of State (Sport and Tourism), Department for Culture, Media & Sport

Amendments Nos. 293 and 294 will make it clear that the personal licence will relate to personal management offices or operators' functions as defined in clause 76. That was always the intention, but we became aware that some confusion arose from the present drafting of the clauses. Indeed, some have suggested that clause 61, which defines the operating licence, is what determines the type of personal licence. That is not the case. We are clear that the commission will have the freedom to define particular types of personal licence; for example, for croupiers or for the director of a betting organisation. The boundaries for the exercise are the definition of management offices and operating functions in clause 76. I appreciate that there is a level of complexity in reading between the two clauses but we believe that the amendments would pin down precisely what clause 120 refers to.  

Photo of Mr Richard Page Mr Richard Page Conservative, South West Hertfordshire

I congratulate the Minister on moving this amendment, which neatly comes in and nicks the place of the one that we tabled, amendment No. 249. The obvious doubts and confusion that were not dispelled by the explanatory memorandum have now been clarified, but could I ask the Minister for further explanatory comment?

One of the problems in holding the licences is, in the case of amendment No. 293, that it refers again to

''the functions of a specified management office''.

What happens if individuals run more than one gambling site? Will they need separate arrangements or can their management office be allowed to operate in two places? Is the bureaucracy and the additional paperwork necessary? If they are not suitable to run one site, they cannot be suitable to run another, and vice versa. Could the Minister flesh that out a little? I believe that amendment No. 249 is more applicable and could be more flexible but, nevertheless, the Government will prevail.

Photo of Richard Caborn Richard Caborn Minister of State (Sport and Tourism), Department for Culture, Media & Sport

A management office is defined in clause 76(5). The hon. Gentleman's point is valid. However, the measure is not place specific, but person specific. In that sense, people can operate two sites.

Photo of Malcolm Moss Malcolm Moss Shadow Minister, Home Affairs

I want to speak to amendment No. 250. In a debate on an amendment to clause 5 we discussed whether administering arrangements should be included. The Minister said that the Government wanted arrangements for administering gambling to be included. Yet the personal licence relates only to the provision of facilities for gambling or a person who provides those facilities; it does not encompass anyone who administers arrangements for gambling. We believe, in the interests of consistency, that if administering gambling appears in the earlier clause, it should appear here.

Photo of Richard Caborn Richard Caborn Minister of State (Sport and Tourism), Department for Culture, Media & Sport 11:00, 2 December 2004

I do not quite understand what the connection is and I would not want to mislead the hon. Gentleman. However, I will reflect on the point that he has made and see whether there is a need to make such a link. I am advised that clause 97(5) and (6) cover the point. An administrator is not included in this clause because he does not need a personal licence. There is more direct involvement.

Amendment agreed to.

Amendment made: No. 294, in clause 120, page 56, line 11, at end insert—

'(2) In this section ''management office'' and ''operational function'' have the same meaning as in section 76.'.—[Mr. Caborn.]

Clause 120, as amended, ordered to stand part of the Bill.