Issue or refusal of approval for sports bookmaking venue
49 Issue or refusal of approval for sports bookmaking venue
If a race bookmaker applies to the commission for an approval to engage in race bookmaking at a designated sports bookmaking venue and, after considering the application, the commission is satisfied that the applicant meets the requirement stated in section 48 (2), the commission must issue an approval to the applicant in relation to the venue.
However, if the number of approvals already in force (including any suspended approvals) for the sports bookmaking venue equals the number of places stated under section 47 (2) (Designation of sports bookmaking venues etc) in relation to the venue, the commission—
must refuse the application on the ground that no place is available at the venue; and
must tell the applicant, in writing, the reason for the refusal; and
may subsequently issue an approval to the applicant if a place, for which the applicant has priority over later applicants for an approval in relation to the venue, becomes available at the venue.
If the commission is not satisfied that the applicant meets the requirement, the commission must give a written notice to the applicant that states—
that the commission is not satisfied that the applicant meets the requirement stated in section 48 (2); and
the applicant’s rights under subsection (4).
The applicant may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within 14 days after the applicant is given the notice or any longer period allowed by the commission.
After giving the notice, the commission must—
take into account—
any representations made by the applicant within the 14 day period or any longer period allowed by the commission; and
any other relevant information available to the commission; and
if the commission is satisfied about each matter stated in the notice—issue an approval to the applicant.
If the commission is not satisfied about each of those matters, the commission must refuse to issue an approval to the applicant.
Note Under pt 10 (Notification and review of decisions), a decision to refuse an approval may, on application, be reconsidered by the commission and reviewed by the ACAT.
On the application of a race bookmaker who holds an approval in relation to a sports bookmaking venue, the commission may, in writing, authorise the race bookmaker to field at the venue—
on stated days; or
during stated periods; or
for a stated event or series of events.
Note Under pt 10 (Notification and review of decisions), a decision to refuse an authorisation may, on application, be reconsidered by the commission and reviewed by the ACAT.
An approval or authorisation in relation to a sports bookmaking venue does not give a right of entry to, or a right to remain on, any part of the premises of the venue.
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