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he British Government has published details of how it proposes to implement the new system of regulation contained within the Gambling Act 2005 and transfer the regulation of existing operators to the new system.

            Under the proposals, applications to the Gambling Commission for new operating licenses will be accepted from January 1, 2007, and applications to licensing authorities for premises licenses will be accepted from January 31, 2007.  However, existing operators will need to ensure that their applications for new licenses are made before April 27, 2007 in order to benefit from ‘continuation rights.’

            The government is also adamant that all secondary legislation made under the Act will be passed by the end of 2006, including conditions that must be attached to any operating or personal licenses granted by the Gambling Commission.  Secondary legislation will be laid before parliament in or around July.
            Existing licenses or permits held by operators that expire before September 1, 2006 will, if renewed, only be effective until August 31, 2007.  Those that expire after September 1, 2006 will be automatically renewed until August 31, 2007. In order to continue to operate without interruption from September 2007, the operator will have to apply to the Gambling Commission, between January 1, 2007 and April 27, 2007, for an operating license – where applicable, a personal license – and where applicable, apply to the relevant licensing authority, between January 31, 2007 and April 27, 2007 for a premises license under the Act.

            For new betting and gaming operators, apart from operators of bricks and mortar casinos, applications for licenses or permits under existing legislation will only be accepted until April 27, 2007. Any license or permit granted under existing legislation will only have effect until August 31, 2007.

            Operators wishing to start operating before September 2007 need to obtain a license under existing legislation before April 27, 2007 and then, in order to operate from September 1, 2007 onwards apply to the Gambling Commission between January 1, 2007 and April 27, 2007 for an operating license or apply to the relevant licensing authority, between January 31, 2007 and April 27, 2007 for a premises license under the new Act.

            Advance applications under the new legislations should not be made before submitting an application under existing legislation.
            The final application date for consent under existing legislation for new bricks and mortar operators is expected to be April 28, 2006 and any consent granted will only have effect until August 31, 2007.

            In order to operate a new casino from September 1, 2007 onwards, an applicant will need to apply for a casino operating license under the Act, and applications may be made from January 2007.  The operator will also need to apply for a premises license but not until Parliament has specified which local authorities are permitted to issue licenses for the 17 new casinos allowed under the Act.

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