Moved by
Lord Beecham
214: After Clause 122, insert the following new Clause—
“Premises licence under Gambling Act 2005: gaming machines
(1) After section 172 of the Gambling Act 2005 insert—
“172A Gaming machines: conditions on availability and use
(1) The conditions which a licensing authority may attach to a premises licence under section 169 include a condition—
(a) that no gaming machines for which the maximum charge for use is more than £10 may be made available for use on the premises, or
(b) that the number of gaming machines of that description which may be made available on the premises must not exceed the number specified in the licence.
(2) The conditions which a licensing authority may attach to a premises licence under section 169 also include conditions relating to the use of gaming machines; in particular, the conditions may include—
(a) a condition that a person may not use a gaming machine unless he establishes his identity by the means and in the manner specified in the licence;
(b) a condition that each payment for the use of a gaming machine must be made by the means specified in the licence and must be processed or approved by a person who, when the payment is made, is on the premises where the machine is situated and is acting in the course of the business carried on there.
(3) The number of machines which may be specified for the purposes of subsection (1)(b) must be lower than the number of machines which is at that time authorised under section 172(8); but where the number of machines so authorised is subsequently varied—
(a) the number of machines specified (or treated as specified) for the purposes of subsection (1)(b) is to be treated as varied by the same amount, and
(b) the licence is to have effect accordingly.
(4) A condition of the kind set out in subsection (2) may apply to gaming machines generally or only to gaming machines of a description specified in the condition.
(5) In deciding whether to attach a condition of the kind set out in subsection (1) or (2), or whether to exercise the power under section 187 or 202 to add, remove or amend a condition of that kind, a licensing authority may give particular weight to the impact of the following on the promotion of the licensing objectives—
(a) the number of other premises in the locality where the premises concerned are situated in which gaming machines are available for use,
(b) the levels of crime and disorder in that locality,
(c) the extent of social or economic deprivation in that locality, and
(d) the proximity of the premises concerned to places habitually attended by children or other vulnerable persons.
(6) In the case of a betting premises licence in respect of premises in Scotland other than a track, the licensing authority may add, remove or amend a condition of the kind set out in subsection (1) only if the licence was issued before 23 May 2016 (the day on which section 52 of the Scotland Act 2016 came into force).”
(2) In section 172 of the Gambling Act 2005 (gaming machines), after subsection (11) insert—
“(12) Subsections (8) and (10)(a) are subject to section 172A.”.”