Leicester Gaming Club Ltd, R (on the application of) v The Gambling Commission [2007] EWHC 531 (Admin) (23 March 2007)

Leicester Gaming Club Ltd, R (on the application of) v The Gambling Commission [2007] EWHC 531 (Admin) (23 March 2007)

The Gambling Commission possesses an implied power to amend the period specified in a certificate of consent under Schedule 2 of the Gaming Act 1968, as such power is properly and reasonably incidental to the express power to fix a time period for licence applications.

Citation
[2007] EWHC 531 (Admin)
Parties
Claimant: Leicester Gaming Club Limited; Defendant: The Gambling Commission; Interested Party: Patmore Limited; Interested Party: Stanley Casinos Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Judicial Review / Final Judgment After Oral Hearing
Outcome
Claim allowed
Legal Topics
Implied Powers, Certificate of Consent, Gaming Act 1968, Gambling Act 2005, Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Leicester Gaming Club Limited

Claimant

The Gambling Commission

Defendant

Patmore Limited

Interested Party

Stanley Casinos Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Oral Hearing

  1. 1 Whether the Gambling Commission has an implied power to amend the period specified in a certificate of consent under the Gaming Act 1968
  2. 2 Whether the Defendant can issue a further certificate or extend the time for licence application

Ratio Decidendi

The Gambling Commission possesses an implied power to amend the period specified in a certificate of consent under Schedule 2 of the Gaming Act 1968, as such power is properly and reasonably incidental to the express power to fix a time period for licence applications.

Court Disposition

Claim allowed

Orders

  • Declaration that the Defendant has an implied power to amend the period specified in a certificate of consent under Schedule 2 of the Gaming Act 1968.
  • Application to join Patmore Limited and Stanley Casinos Limited as interested parties refused.