Guidance

Licensing decisions: Procedures and guidance for licensing hearings

Guidance to assist Directors or the Regulatory Panel to carry out their licensing functions in accordance with our policies and procedures and to comply with the law.

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Published
16 May 2022

Last updated
16 May 2022 - Changes

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Contents

• Licensing decisions: Procedures and guidance for licensing hearings

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• 1 - Introduction
• The purpose of this guidance
• Scheme of delegations
• Referral of case to a licensing hearing
• The legal framework for decision making
• Conflicts of interest
• 2 - Preparing for the hearing
• Introduction
• Documentary and other evidence
• Case management hearings
• 3 - The hearing
• 4 - The Decision making process for determining licence applications
• Determining the facts
• Deciding whether to grant or refuse the application (in whole or in part)

Deciding whether to grant or refuse the application (in whole or in part)

When considering an application for a licence the Gambling Commission is required to either grant it (in whole or in part) or refuse it.

In deciding whether to grant a licence the Regulatory Panel or Director must:

• have regard to the licensing objectives
• form and have regard to an opinion of the applicant's suitability to carry on the licensed activities, for which purpose the Panel or Director may, and would normally be expected to,have regard to his/her integrity, competence, and financial circumstances – including an assessment of people who are relevant to the application because they are likely to exercise a function in connection with, or have an interest in, the gambling activities.

Deciding whether to impose an individual condition

Where the Commission issues a licence it has the power, under section 77 of the Gambling Act 2005, to attach a condition to the licence.

Communicating the decision

The decision by the Panel or Director will be confirmed in writing within 14 days of the conclusion of a hearing. The written decision letter will normally comprise a statement of:

• the matter being considered by the Panel or Director
• a summary of the evidence and representations
• the findings of fact
• the decision
• the reasons of the Panel or Director for making the decision.

Where appropriate, the decision letter will remind the recipient that they have the right to appeal to the First-Tier Tribunal (Gambling).

Previous section
Determining the facts

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Last updated: 16 May 2022

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