Gambling Commission successful in their appeal against the decision of the First Tier Tribunal
Commenting, Nick Arron, Partner at Poppleston Allen said: “The Gambling Commission have succeeded in their appeal to the Upper Tier Tribunal, against the decision of the First Tier Tribunal, which had said that Greene King should be granted an Operating Licence.
You may remember back in December 2014, Judge NJ Warren in the First Tier Tribunal allowed Greene King’s appeal and remitted their Bingo Operating Licence applications back to the Gambling Commission with a direction that the applications be granted.
The Gambling Commission appealed that decision to the Upper Tier Tribunal, and Judge H Levenson heard the appeal on 8th October 2015. He has now handed down his judgement , finding in favour of the Gambling Commission, and their appeal succeeds. Judge H Levenson agreed with the original decision of the Gambling Commission to refuse the Non-Remote Bingo Operating Licence to Greene King. He has remitted the case back to the First Tier Tribunal for reconsideration.
Greene King has a right of appeal to the Court of Appeal from the Upper Tier Tribunal. They must first ask permission from the Upper Tribunal Judge, and they must do so within one month of the appeal decision.
The Upper Tier Tribunal decision could have a significant influence over the Gambling Commission’s approach to licensing and compliance. The Judge found that the Commission has the power to take a precautionary approach to licensing and regulation, and can refuse an application for an Operating Licence if it considers permitting the gambling would not be reasonably consistent with the licensing objectives. He found that the Commission’s decision had not trespassed on the powers of licensing authorities.
To view this story and our other E news, download the Poppleston Allen MyLicence App. This contains many easy to use features including a Temporary Event Notice Calculator, a search facility for your local licensing office and a facility for storing your licence details. Download the App for free here
For more information please contact Nick Arron
Source: Poppleston Allen
In conjunction with the BII, we have created an exam compiled from past paper questions.