“97A Effect of relocation

• “(1) This section applies when—

  • “(a) a territorial authority has adopted a relocation policy (as defined in section 101(5)); and

  • “(b) in accordance with that policy, the territorial authority grants consent in respect of a venue (the new venue) to replace an existing venue (the old venue); and

  • “(c) a new class 4 venue licence is granted in respect of the new venue.

  “(2) When this section applies,—

  • “(a) the Secretary must cancel the class 4 venue licence that relates to the old venue, in which case—

    • “(i) the cancellation takes effect on the date on which the new class 4 venue licence takes effect; and

    • “(ii) there is no right of appeal against the cancellation; and

  • “(b) despite section 100(1)(b)(i), the maximum number of gaming machines permitted to operate at the new venue at the time when the new class 4 venue licence takes effect is the same as the maximum number of gaming machines permitted to operate at the old venue immediately before the licence relating to the old venue is cancelled; and

  • “(c) for the purposes of this Act,—

    • “(i) if the old venue was a venue to which section 92 applied, the new venue must be treated as a venue to which section 92 applies; and

    • “(ii) the old venue must be treated as if no class 4 venue licence had ever been held by any society for that venue (which means that, under section 98, consent will be required for that venue if a class 4 venue licence is subsequently applied for in relation to it).”

• “(e) a society proposes, in accordance with a relocation policy of the territorial authority, to change the venue to which a class 4 venue licence currently applies.”

• “(3) An application for consent in accordance with a relocation policy may be made only with the agreement of the venue operator of the existing venue.”

• “(c) may include a relocation policy.”

• “(5) A relocation policy is a policy setting out if and when the territorial authority will grant consent in respect of a venue within its district where the venue is intended to replace an existing venue (within the district) to which a class 4 venue licence applies (in which case section 97A applies).”

• “(5A) The first time that a territorial authority commences a review of a policy after the Gambling (Gambling Harm Reduction) Amendment Act 2013 comes into force, the territorial authority must (and may at any other time) consider whether to include a relocation policy (as defined in section 101(5)) in its class 4 venue policy.

• “(5B) Whenever a territorial authority is considering whether to include a relocation policy in its class 4 venue policy, it must consider the social impact of gambling in high-deprivation communities within its district.”

• “(3) Regulations may also be made under subsection (1) for the following purposes:

  • “(a) requiring that a specified portion of the net proceeds of class 4 gambling be applied or distributed to or for authorised purposes in, or operating in, the geographical area from which those net proceeds were derived:

  • “(b) limiting the amount of the proceeds of class 4 gambling that may be applied or distributed to or for authorised purposes in, or operating in, any specified geographical areas, or all geographical areas, that are outside the geographical area from which those net proceeds were derived:

  • “(c) setting out how geographical areas are to be identified or defined for the purposes of the regulations; and different definitions may be adopted for different purposes:

  • “(d) imposing rules about the application or distribution of net proceeds that are not required to be, or are not prohibited from being, applied or distributed to or for authorised purposes in, or operating in, a particular geographical area.”

• “(ga) prescribing the use of pre-commitment, player tracking, or other harm-minimisation devices, technology, or systems in or associated with gaming machines:”.