Citation and commencement

1.—(1) These Regulations may be cited as the Gambling (Operating Licence and Single-Machine Permit Fees) (Amendment) Regulations 2021.

(2) Save as provided in paragraph (3), these Regulations come into force on 1st October 2021.

(3) Regulations 4(3), 22, 24 and 28, and Schedules 1 and 3, come into force on 6th April 2022.

Amendment of the 2017 Regulations

2.  The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2017( 2) (“the 2017 Regulations”) are amended as follows.

Annual fees and first annual fees for non-remote operating licences

3.  In regulation 8(1) omit “, 29”.

Application, annual and first annual fees for certain non-remote general betting (standard) operating licences

4.—(1) In regulation 9(3)—

(a) in sub-paragraph (a) for “£879” substitute “£1,406”;

(b) in sub-paragraph (b) for “£3,075” substitute “£4,920”.

(2) In regulation 9(4) for “regulations 22 and 29” substitute “regulation 22”.

(3) In regulation 9(5)—

(a) in sub-paragraph (a) for “£1,224” substitute “£1,408”;

(b) in sub-paragraph (b) for “£1,377” substitute “£1,584”;

(c) in sub-paragraph (c) for “£2,398” substitute “£2,758”;

(d) in sub-paragraph (d) for “£3,537” substitute “£4,068”;

(e) in sub-paragraph (e) for “£4,200” substitute “£4,830”;

(f) in sub-paragraph (f) for “£5,322” substitute “£6,120”;

(g) in sub-paragraph (g) for “£12,658” substitute “£14,557”.

Annual fees and first annual fees for remote operating licences

5.  In regulation 13(1) for “, 22(2) and 29” substitute “and 22(2)”.

Fees for remote general betting (limited) operating licences

6.—(1) In regulation 14(1) for “£534” substitute “£854”.

(2) In regulation 14(2)—

(a) for “regulations 22 and (in respect of the annual fee only) 29” substitute “regulation 22”;

(b) in sub-paragraph (a) for “£1,096.50” substitute “£1,669.50”;

(c) in sub-paragraph (b) for “£1,462” substitute “£2,266”.

Fees for general betting (remote platform) operating licences

7.  In regulation 15(1)—

(a) in sub-paragraph (a) for “£198” substitute “£285”;

(b) in sub-paragraph (b) for “£280” substitute “£325.50”;

(c) in sub-paragraph (c) for “£280” substitute “£434”.

Application fee for combined game host operating licences

8.—(1) In regulation 20(3)—

(a) in sub-paragraph (a) for “£1,980” substitute “£3,168”;

(b) in sub-paragraph (b) for “£4,839” substitute “£7,742”;

(c) in sub-paragraph (c) for “£7,610” substitute “£12,176”;

(d) in sub-paragraph (d) for “£11,172” substitute “£17,875”;

(e) in sub-paragraph (e) for “£17,983” substitute “£28,772”;

(f) in sub-paragraph (f) for “£25,374” substitute “£40,598”;

(g) in sub-paragraph (g) for “£42,978” substitute “£68,765”.

(2) In regulation 20(4)—

(a) in sub-paragraph (a) for “£785” substitute “£1,256”;

(b) in sub-paragraph (b) for “£1,570” substitute “£2,512”.

Application fee for certain other combined remote licences

9.—(1) In regulation 21(3)—

(a) in sub-paragraph (a) for “£2,640” substitute “£4,224”;

(b) in sub-paragraph (b) for “£6,452” substitute “£10,323”;

(c) in sub-paragraph (c) for “£10,147” substitute “£16,235”;

(d) in sub-paragraph (d) for “£14,896” substitute “£23,834”;

(e) in sub-paragraph (e) for “£23,977” substitute “£38,363”;

(f) in sub-paragraph (f) for “£33,832” substitute “£54,131”;

(g) in sub-paragraph (g) for “£57,304” substitute “£91,686”.

(2) In regulation 21(4)—

(a) in sub-paragraph (a) for “£1,050” substitute “£1,680”;

(b) in sub-paragraph (b) for “£2,100” substitute “£3,360”.

Annual fees and first annual fees for combined operating licences

10.—(1) For regulation 22(1) substitute—

“22.— (1)  This regulation is subject to regulations 23, 24 and (in respect of first annual fees only) 30. ”.

(2) In regulation 22(2)—

(a) for sub-paragraph (a) substitute—

“(a) each annual fee payable for the licences to which the combined licence relates (excluding any new casino operating licence that is not operational); and ”;

(b) omit sub-paragraph (b).

(3) In regulation 22(4)(a) for “amount of the annual fee that would be payable for such a licence under paragraph (2) (were the annual fee to be payable when the first annual fee is payable)” substitute “aggregate of each annual fee payable for the licences to which the combined licence relates”.

(4) In regulation 22(4)(b)—

(a) for paragraph (i) substitute—

“(i) 75 per cent of each annual fee payable for the licences to which the combined licence relates, but excluding the new casino operating licence; and ”;

(b) omit paragraph (ii).

(5) For regulation 22(4)(c) substitute—

“(c) a combined remote operating licence is the aggregate of 75 per cent of each annual fee payable for the licences to which the combined licence relates. ”.

Annual fees and first annual fees for combined game host operating licences

11.—(1) In regulation 23(4)—

(a) in sub-paragraph (a) for “£2,027” substitute “£3,142”;

(b) in sub-paragraph (b) for “£4,855” substitute “£7,525”;

(c) in sub-paragraph (c) for “£7,094” substitute “£10,996”;

(d) in sub-paragraph (d) for “£9,958” substitute “£15,435”;

(e) in sub-paragraph (e) for “£26,595” substitute “£41,222”;

(f) in sub-paragraph (f) for “£50,993” substitute “£79,039”;

(g) in sub-paragraph (g) for “£102,108” substitute “£158,267”;

(h) in sub-paragraph (h) for “£289,652” substitute “£448,961”;

(i) in sub-paragraph (i)(i) for “£389,652” substitute “£603,961”.

(2) In regulation 23(5)—

(a) in sub-paragraph (a) for “£1,875” substitute “£3,750”;

(b) in sub-paragraph (b) for “£3,750” substitute “£7,500”.

Annual fees and first annual fees for certain other combined remote licences

12.—(1) In regulation 24(4)—

(a) in sub-paragraph (a) for “£2,709” substitute “£4,199”;

(b) in sub-paragraph (b) for “£6,488” substitute “£10,056”;

(c) in sub-paragraph (c) for “£9,480” substitute “£14,694”;

(d) in sub-paragraph (d) for “£13,307” substitute “£20,626”;

(e) in sub-paragraph (e) for “£35,541” substitute “£55,089”;

(f) in sub-paragraph (f) for “£68,146” substitute “£105,626”;

(g) in sub-paragraph (g) for “£136,455” substitute “£211,505”;

(h) in sub-paragraph (h) for “£387,083” substitute “£599,979”;

(i) in sub-paragraph (i)(i) for “£512,083” substitute “£793,729”.

(2) In regulation 24(5)—

(a) in sub-paragraph (a) for “£2,500” substitute “£5,000”;

(b) in sub-paragraph (b) for “£5,000” substitute “£10,000”.

Reduced fee for applications for licences in certain circumstances

13.  In regulation 28(6) for “£100” substitute “£160”.

Annual fees for holders of two operating licences

14.  Omit regulation 29.

Interpretation

15.  In regulation 31 for “regulations 25 and 29” substitute “regulation 25”.

Fees for applications relating to change of corporate control

16.  In regulation 33(6)(b) for “£100” substitute “£160”.

Fees for applications relating to change of corporate control – known or regulated new controller

17.—(1) In regulation 34(2) for “£100” substitute “£160”.

(2) In regulation 34(8)(b) for “£100” substitute “£160”.

Fees for applications relating to change of corporate control – new controller in family-owned small-scale operator

18.  In regulation 35(1) for “£100” substitute “£160”.

Fees for applications to vary operating licences

19.  In regulation 36—

(a) in paragraph (2) for “£25” substitute “£40”;

(b) in paragraph (3) for “£25” substitute “£40”;

(c) in paragraph (5) after “name” insert “or residential address”;

(d) in the words after paragraph (7)(b) for “£25” substitute “£40”;

(e) in paragraph (10) for “£100” substitute “£160”.

Fees for applications to vary certain remote operating licences

20.—(1) In regulation 37(2)—

(a) in sub-paragraph (a) for “£785” substitute “£1,256”;

(b) in sub-paragraph (b) for “£1,570” substitute “£2,512”.

(2) In regulation 37(4)—

(a) in sub-paragraph (a) for “£1,050” substitute “£1,680”;

(b) in sub-paragraph (b) for “£2,100” substitute “£3,360”.

(3) In regulation 37(6) for “£25” substitute “£40”.

Application fee for single-machine supply and maintenance permit

21.  In regulation 40 for “£25” substitute “£40”.

Amendment of Schedule 1 (categories of non-remote operating licences)

22.  For the table in Schedule 1 to the 2017 Regulations substitute the table in Schedule 1.

Amendment of Schedule 2 (application fees for non-remote operating licences)

23.  For the table in Schedule 2 to the 2017 Regulations substitute the table in Schedule 2.

Amendment of Schedule 3 (annual fees for non-remote operating licences)

24.  For the table in Schedule 3 to the 2017 Regulations substitute the table in Schedule 3.

Amendment of Schedule 4 (categories of remote operating licences)

25.  For the table in Schedule 4 to the 2017 Regulations substitute the table in Schedule 4.

Amendment of Schedule 5 (application fees for remote operating licences)

26.  For the table in Schedule 5 to the 2017 Regulations substitute the table in Schedule 5.

Amendment of Schedule 6 (annual fees for remote operating licences)

27.  For the table in Schedule 6 to the 2017 Regulations substitute the table in Schedule 6.

Further amendments to application fees for lottery operating licences from 6th April 2022

28.—(1) Schedule 2 is amended as follows.

(2) In Part 1 of the table, in column 9 (category D1) of the entry for a lottery operating (society) licence, for “n/a” substitute “£1,340”.

(3) In Part 2 of the table, in column 3 (category E2) of the entry for a lottery operating (external lottery manager) licence, for “n/a” substitute “£6,946”.

(4) In Part 2 of the table, in column 4 (category E3) of the entry for a lottery operating (external lottery manager) licence, for “n/a” substitute “£13,230”.

(5) In Part 2 of the table, insert a row beneath the entry for a lottery operating (external lottery manager) licence, and in that new row—

(a) in column 1 (description of licence), insert “lottery operating (society) licence”;

(b) in column 2 (category E1), insert “£2,233”;

(c) in column 3 (category E2), insert “£3,572”;

(d) in each of columns 4 to 10 (categories E3 to E9), insert “n/a”.

Regulation 22

SCHEDULE 1 Categories of non-remote operating licences

Regulation 23

SCHEDULE 2 Application fees for non-remote operating licences

Regulation 24

SCHEDULE 3 Annual fees for non-remote operating licences

Regulation 25

SCHEDULE 4 Categories of remote operating licences

Regulation 26

SCHEDULE 5 Application fees for remote operating licences

Regulation 27

SCHEDULE 6 Annual fees for remote operating licences

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2017 (“the 2017 Regulations”, S.I. 2017/303) made under the Gambling Act 2005 (“the Act”).

The 2017 Regulations prescribe fees relating to operating licences (application, annual and other fees) and single-machine supply and maintenance permits (application fees only) issued under Parts 5 and 10 of the Act respectively. Although most of the changes made by these Regulations come into force on 1st October 2021, the changes made by regulations 4(3), 22, 24 and 28, and Schedules 1 and 3, come into force on 6th April 2022.

The Regulations introduce above inflation increases to application, annual and other fees in relation to a number of gambling activities. The level of fee increases, and the extent to which these apply to different gambling activities, is based on assessment undertaken by the Gambling Commission of the level of regulatory work required to ensure compliance by gambling operators in particular sectors of the industry. Further details are contained in the Impact Assessment and the Explanatory Memorandum identified in the final paragraph of this Explanatory Note.

Regulation 14 revokes regulation 29 of the 2017 Regulations, removing a discount for annual fees payable when a person applies for or holds two operating licences at the same time. Regulations 3, 4(2), 5, 6(2)(a), 10 and 15 make consequential changes to remove other references to regulation 29 of the 2017 Regulations.

Regulation 17(c) amends the 2017 Regulations so that a fee is no longer payable to change a residential address on an operating licence.

By regulations 22 to 27, the existing tables in the Schedules to the 2017 Regulations are replaced by those set out in Schedules 1 to 6 of these Regulations. Regulation 28 makes further amendments to the new Schedule 2 as regards increases to application fees for lottery operating licences from 6th April 2022.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department of Digital, Culture, Media and Sport at 100 Parliament Street, London SW1A 2BQ, and is published with the Explanatory Memorandum alongside this instrument onwww.legislation.gov.uk.