Following a number of queries in relation to premises licence annual fees, the Commission’s view is that no regulations providing for refunds have been made under section 184(4) of the Gambling Act, and so LAs do not have the discretion to refund annual fees for premises licences where the operator ceases to trade during the year.
Our view is that the power to authorise refunds is specifically reserved for the Secretary of State by virtue of section 184(4). Similarly, there is no scope within The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 /The Gambling (Premises Licence Fees) (Scotland) Regulations 2007 for pro-rata payment of annual fees where the premises intends to close within a few months of the fee being paid.
The Commission’s view is that a local authority doing either of these would be acting ultra vires; however, this is not legal advice and only the courts can make a final decision.
Last month DCMS announced the outcome of their 2018 consultation on society lottery regulatory reform. The responses document sets out government’s commitment to
LAs are advised that the proposals to increase the thresholds for small society lotteries has not been upheld, with the limits retained at £20,000 proceeds per lottery (with a maximum prize value of £25,000) and £250,000 aggregate proceeds per annum.
Changes for large society lottery proceeds are to be set before Parliament in the autumn.
We recently reminded consumers about keeping the requirements for lawfully raising money for their nominated good cause:
Further information is available in our quick guide on running a lottery.
Next chapter: LLEP Assessment templates
Browser does not support script.