Gambling Laws

Gambling ACT 2005

In 2002, the Government announced plans to reform gambling laws. These changes are likely to come fully into place by the middle of 2007, and will affect anyone concerned with:

Gaming ..... Lotteries ..... Betting

The Gambling Act 2005 changes the existing laws about the types of licenses needed to provide any of the above facilities. Under the new system an;

Operating License which will be issued by the new Gambling Commission, will be required for individuals and companies who intend to provide facilities for certain types of gambling. In general, these licenses cover the principal commercial forms of gambling for example a casino operating license, a bingo operating license or a gaming machine operating license.

Personal License will be required for certain persons involved with gambling operations in either management or operational functions. It will be the responsibility of the Gambling Commission to decide which posts or persons will require a license.

Premises License will be issued by local authorities and may authorise the provision of facilities on casino premises, adult gaming centers and family entertainment centers. Premises licenses may only be issued to people with a relevant gambling operating license as detailed above. Premises Licenses are transferable to someone else holding a valid operating license. Braintree District Council will issue the following Premises Licenses:

Casino Premises
Bingo Premises
Adult Gaming
Family Entertainment Centre
Betting Premises

Licensees, the Council, the Police and other agencies must all work to promote the Licensing Objectives.
The three licensing objectives are:

1. Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.
2.Ensuring that gambling is conducted in a fair and open way.
3. Protecting children and other vulnerable persons from being harmed or exploited by gambling.

Premises License
The old and new licensing schemes will run alongside each other between 31st January 2007 and 27 April 2007 this will allow a smooth transition during which time current operators or potential operators can apply to the Council for a new Premises license or Permit.

New licenses will come into force on a date in mid 2007. An application for a premise license will only be able to be made by persons who:

have the right to occupy the premises; and have an operating license, which allows him/her to carry out the proposed activity, or have applied for an operating license (the premises license may only be issued once the operating license has been issued by the Gambling Commission).

When applying for a premises license, applicants will have to submit:
An application form which will need to be submitted to responsible authorities and other persons.

A plan of their building. A fee. An initial fee will be charged followed by annual fees. (The Government will set the license fees nationally and the Council will have no control over them).

The Council will have to grant licenses unless there is a conflict with one of the licensing objectives, or that issues are raised under the Gambling Policy Statement, or the Gambling Commissions guidance or codes of practice.
The Council may also impose conditions that promote the licensing objectives, for example requiring door supervisors in a casino or adult family entertainment centre to promote the gambling objective; protecting children and vulnerable persons from being harmed or exploited by gambling.
If representations are made about granting or changing a license in any way, the Council’s Licensing Committee (made up of elected Councillors) will have to examine the application.

Temporary Use Notices
A Temporary Use Notice will allow the use of premises for gambling where there is no premises license but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a temporary use notice would include hotels, conference centres, and sporting venues.

A temporary use notice may only be granted to a person or company holding a relevant operating license. For example, the holder of a betting operating license could apply to provide betting facilities at a snooker tournament.

Objecting to licenses

Local residents, ward councillors, resident associations and local businesses or business groups may make representations to the Council about the grant or change of a license. The Police, Fire Service, Environmental Health, Planning and the Safeguarding Children Board may also make representations or object.
The Council’s Licensing Committee will consider these representations, providing they are not irrelevant, frivolous or vexatious.
When a license is first applied for, copies of the application will also have to be sent to the Police, Fire Authority, Environmental Health, Planning and the Safeguarding Children Board. Each of these authorities can make representations about the application that can lead to conditions being imposed, or the application being refused.

If someone wished to appeal against the Council’s licensing decision, they will have the right to do so in the Magistrates Court. Rules will be laid down as to how this can be done.

Provisional statements
People who are considering opening gambling premises may apply for a provisional statement. This allows new premises to be prepared in the confidence that a full license will be granted, providing it is built according to the provisional application and plans submitted to the Council.

Permits
The Gambling Act also introduces a range of permits for gambling, which are granted by the Council. These permits will be required when premises provide a gambling facility but either the stakes or prizes are very low or gambling is not the main function of the premises. The permits regulate gambling and the use of gaming machines in a specific premises.

The Council will issue the following gaming permits;

Family entertainment centre
Gaming machine permits
Club gaming permits and club machine permits
Alcohol licensed premises gaming machine permits Prize gaming machine permits
Family entertainment centre gaming permit Family Entertainment Centres (FECs) will most commonly be located at seaside resorts, in airports and at motorway service centres, and will cater for families, including unaccompanied children and young persons.

Any FEC Permit granted will last for 10 years and will be subject to the payment of an annual fee.

Club gaming permits and club machine permits

These Permits relate to members’, miners’, welfare institutes and commercial clubs. Either Permit granted will last for 10 years and will be subject to the payment of an annual fee.

Licensed premises gaming machine permit
Section 282 of the Act provides an automatic entitlement to make available two gaming machines for use in alcohol licensed premises. To take advantage of this entitlement, the Premise License Holder will give notice to the Authority of their intention to make gaming machines available for use, and must pay the prescribed fee.

Prize gaming permit
A prize gaming permit is a permit that will be issued by the Authority to authorise the provision of facilities for gaming with prizes on specified premises.
An application for a Permit can only be made by a person who occupies or plans to occupy the relevant premises and if the applicant is an individual, she must be aged 18 or over. An application for a Prize Gaming Permit cannot be made if a Premises License or Club Gaming Permit is in effect for the same premises.
Any Permit granted will last for 10 years and will be subject to the payment of an annual fee.

Occasional use notices
These notices provide that where there is betting on a track on 8 days or less in a calendar year, betting maybe permitted by way of an Occasional Use Notice without the need for a full Premises License. Provided that the notice will not result in betting facilities being available for more than the 8 days permitted then there is no provision for counter-notices or objections to be submitted.

Small lotteries
These are non-commercial societies as defined in section 19, which states a society is non-commercial if it is established and conducted for charitable purposes; for the purpose of enabling participation in, or of supporting, sport, athletics or a cultural activity; or for any other non-commercial purpose other than private gain.
There is no expiry on the registration, however it will be subject to an annual fee.

Review hearings
Sometimes, the operation of licensed premises can lead to problems, such as crime or disorder and on the rare occasions this happens, the Council and Police will try and resolve the matter informally. However, any of the ‘responsible authorities’, or a local resident or business, or a residents or business association, can apply to the Council for the license to be reviewed.
Providing a complaint is not ‘irrelevant’, ‘frivolous’, ‘vexatious’ or ‘repetitious’, the Council will hold a hearing at the Licensing Committee. The Licensing Committee may decide to do nothing, or to impose extra conditions on the license. It can also suspend the license for a period of up to three months or revoke the license.

Statement of Gambling Policy
In 2006, the Council will consult on its draft Statement of Gambling Policy that will set out how it will carry out this licensing work for the next three years. The Council will widely consult-interested businesses, agencies and residents groups.

Useful contact details…

Braintree District Council Licensing Team