Fraser Brown

Contributions by Fraser Brown Experts

11

Appeals to the First-tier Tribunal (Gambling)
Practice notes

This Practice Note explains the procedure for appealing a decision of the Gambling Commission. It includes information on fees and time limits.

Clubs, pubs and fairs
Practice notes

This Practice Note sets out the circumstances in which the different categories of club (members’, commercial and miners’ welfare clubs) are entitled to provide gaming and gaming machines without a permit. It explains the limitation of the exemptions, the circumstances and type of permit required for a club, how it is applied for and how decisions are made. It also explains the circumstances when an alcohol licensed premises is entitled to provide gaming and gaming machines relying on the alcohol licence where certain conditions are met and appropriate notice is given together when exemptions can be removed and how decisions can be challenged. It covers rules on bingo in pubs and clubs and the circumstances in which a travelling fair can provide gaming with out a specific authorisation.

Gaming machines and lotteries
Practice notes

This Practice Note explains what constitutes a gaming machine for the purposes of the Gaming Act 2005 (GA 2005) and what offences may be committed when breaches occur. It also covers the operation of lotteries including the distinction between simple and complex lotteries, rules on promoting lotteries, exempt lotteries and offences arising from breach of the provisions.

Introduction to premises licences
Practice notes

This Practice Note explains the circumstances when a premises licence is required to authorise gambling activities. It explains the types of premises licences required for each activity, the eligibility criteria, the application process to the licensing authority from application through advertisement to hearing. It includes the mandatory conditions attached to a premises licence together with discretionary conditions. It also covers provisional statements and appeals against a licensing authority decision.

Licensing committees
Practice notes

This Practice Note sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003 (LA 2003). It covers the requirement for a licensing authority to establish a licensing committee to discharge its licensing functions and the option for a licensing committee to constitute one or more subcommittees to delegate most of its licensing functions. It also includes advice on best practice for licensing committees and/or sub-committees on how to conduct hearings and how to avoid common pitfalls.

Regulated entertainment
Practice notes

This Practice Note explains what constitutes regulated entertainment together with permitted exceptions within the rules, the general principles for consideration by a licensing authority when considering such an application. It also sets out when specific exemptions from regulated entertainment will apply for those granted to health care providers, local authorities and school proprietors under the cross activity exemption.

Review, revocation, variation and transfer of premises licences
Practice notes

This Practice Note expands upon the introduction provided in our Practice Note Introduction to premises licences by covering reviews of a premises licence. It covers who can initiate the review, how it should be conducted and how a decision can be appealed against. It also covers the processes for revoking, varying and transferring a licence together with the circumstances in which a licence lapses, and appeals against a licensing authority decision.

The Gambling Commission—compliance and enforcement powers
Practice notes

This Practice Note explains the regulatory role of the Gambling Commission and the investigation and enforcement powers it has to ensure that the three licensing objectives are upheld.

Franchisee acknowledgement clauses
Precedents

This Precedent is a set of franchisee acknowledgement clauses which can be included within a franchise agreement. One clause is an acknowledgement by the franchisee that it has taken independent legal advice in respect of entering into the franchise. The second clause is an acknowledgement by the franchisee that the agreement is in respect of a pilot franchise only and the franchise has yet to be established. A third clause is an acknowledgement by the franchisee that the franchise is commencing in pandemic circumstances.

Franchisee personal guarantee clause
Precedents

This Precedent clause is for use in a franchise agreement, where the franchisee is an individual and where a principal is required to provide a guarantee to the franchisor guaranteeing the performance of the franchisee under the franchise agreement. The guarantee is given by the principal for the benefit of the franchisor.

Letter of confirmation of legal advice—franchisee adviser to franchisor adviser
Precedents

This Precedent letter of confirmation of legal advice is to be sent from the adviser of a franchisee to the adviser of a franchisor. It confirms that the franchisee (and the principal of the franchisee) has received legal advice in relation to the franchise agreement and in particular in relation to any onerous provisions of it.

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