Leicester Gaming Club Ltd, R (on the application of) v The Gambling Commission

Leicester Gaming Club Ltd, R (on the application of) v The Gambling Commission

The court held that the Gambling Commission possesses an implied power to amend the time period specified in a certificate of consent under the Gaming Act 1968, as this power is properly and reasonably incidental to the express power to fix such a time period. The absence of an express provision does not preclude the existence of the implied power, and the Defendant's discretion in fixing the time period supports the implication.

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
Administrative Law Gaming Law Implied Powers Certificate of Consent Gaming Act 1968 Gambling Act 2005 Judicial Review

Case Brief

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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

Legal Issues

  1. 1 Whether the Gambling Commission has an implied power to amend the time period specified in a certificate of consent under the Gaming Act 1968

Ratio Decidendi

The court held that the Gambling Commission possesses an implied power to amend the time period specified in a certificate of consent under the Gaming Act 1968, as this power is properly and reasonably incidental to the express power to fix such a time period. The absence of an express provision does not preclude the existence of the implied power, and the Defendant's discretion in fixing the time period supports the implication.

Court Disposition

Claim allowed

Orders

  • Declaration that the Gambling Commission has an implied power to amend the time period specified in a certificate of consent under the Gaming Act 1968.
  • Application by Patmore Limited and Stanley Casinos Limited to be joined as interested parties refused.