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)

Scheme of delegations

Paragraph 8 of Schedule 4 of the Gambling Act 2005 provides that:

• (1) The Commission may delegate a function to:

• a. a Commissioner;

• b. a committee consisting of:

• i. commissioners, or

• ii. one or more commissioners and one or more employees of the Commission, or

• c. an employee of the Commission.

• (2)Sub-paragraph (1) applies to any function of the Commission including in particular:

• a. a discretionary function

• b. the function of conducting a review

• c. the function of determining whether to revoke a licence or of determining whether to impose a requirement to pay a penalty.

The Gambling Commission has approved a scheme of delegations setting out who has delegated authority to make licensing decisions. As part of that scheme the Commission has established a Committee of Commissioners, on which any Commissioner may sit, known as the Regulatory Panel (the Panel).

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The purpose of this guidance Next section
Referral of case to a licensing hearing

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Last updated: 16 May 2022

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