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Application to Transfer or Alienate as a Result of Mortgage, Charge or Encumbrance

A casino licence (a casino operator’s licence or a casino venue licence) may not be transferred or alienated as a result of a mortgage, charge, or encumbrance being enforced unless the proposed transferee or alienee and any person who has or is likely to have a significant influence has first been approved by the Gambling Commission (s126(2)). A charge holder, mortgagee or holder of the casino licence may apply for approval under s126(3). In considering whether to approve a proposed transferee or alienee the Gambling Commission must investigate the suitability of the proposed transferee or alienee, and any person with significant influence under section 124 and 125.

Link to application form:
Note: These documents are in Adobe Acrobat (.pdf) format. You need to have the Adobe Acrobat Reader installed on your computer. You can download a free version from the Adobe site.

Application to Transfer or Alienate as a Result of a Mortgage, Charge or Encumbrance (.pdf) 49k

Applicant files application using specified form and any material in support

No fee is required. The application form requests photographs and fingerprints from specified people.

Commission

Decides if it will appoint any experts to assist it in making its decision.

Decides if it will send the application to any agency, in addition to the Police and the DIA.

Commission sends application, photographs and fingerprints to the Police and any other relevant agencies identified by Commission

The Commission will inform the Police and any agencies that any photographs and fingerprints sent to them, and any copies made by the Police or an agency, must be returned to the Commission for destruction.

Police and agencies inquire into, and report to Commission on, the applicant, the proposed transferee or a licence, and persons with a significant influence

Commission receives reports (and fingerprints and photographs)

Commission considers all information received and decides whether to grant application or whether it should receive written submissions or hold an oral hearing

If the Commission does not grant application, Commission determines whether anyone else should be asked to provide written submissions or other information to assist the Commission.

If Commission decides to receive written submissions

Commission sends reports and any other information received to the applicant.

Commission requests written submissions and any information in support from the applicant by a specified date. The submissions are to address any issues raised by the reports and any other issues identified by the Commission.

Commission receives submissions from the applicant.

Commission sends copies of the applicant’s submissions to any persons selected by the Commission to make further submissions. These submissions are to be strictly by reply.

If Commission decides to hold an oral hearing:

Commission sends reports and any other information received to the applicant.

Commission notifies the applicant, the Secretary, any other person whom the Commission decides should be invited, of the process to be followed at the hearing. The Commission may convene a pre-hearing conference as part of the hearing process.

Commission holds the hearing.

If Commission decides to approve the application without written submissions or an oral hearing

The Commission notifies the applicant of its decision.

Commission considers all the factors in s124, 125 and 126(4) and makes a decision

Commission notifies decision regarding application to the applicant, the Secretary and any affected persons, and, if application is approved, approves associated persons of the transferee or alienee

The notice should give reasons and, if relevant, set out the rights of appeal under s235.

Commission destroys all photographs and fingerprints received


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