Gambling licences - Print version

Gambling Act 2005

The Gambling Act 2005 received Royal assent on 7 April 2005 and modernised the law on gambling and introduced a new regulator for gambling, the Gambling Commission. This body replaced the Gaming Board for Great Britain. Responsibility for the licensing of gambling premises is given to local authorities. These include premises licences for casinos, bingo halls, betting offices, adult gaming centres and licensed family entertainment centres and permits for gaming machines in pubs and other alcohol licensed premises.

Licensing objectives

The Act contains three licensing objectives, which underpin the functions that the Gambling Commission and councils acting in their capacity as licensing authorities will perform. These objectives are central to the new regulatory regime created by the Act and are:

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

Three types of licence are required by the new Act:

• Operator Licence - concerned with the management and conduct of gambling.
• Personal Licence - for persons with key operational functions connected with the gambling business.
• Premises Licence - for the property where the gambling takes place.

Operators and Personal Licences will be issued and regulated by the Gambling Commission and responsibility for the issue and regulation of Premises Licences will be given to local authorities.

Read the Guidance notes [https://www.coventry.gov.uk/downloads/download/7436/premises-licence-guidance-notes]

Gambling Policy 2022-2025

• Gambling Policy 2022-2025 [https://www.coventry.gov.uk/downloads/file/36699/gambling-policy-2022-2025]
• Local Area Profile 2022 [https://www.coventry.gov.uk/downloads/file/36700/local-area-profile-2022]
• Notice of Publication of Gambling Policy [https://www.coventry.gov.uk/downloads/file/36701/gambling-act-2005-notification-of-publication-of-gambling-policy]

Statement of Gambling Policy 2022-2025

• Gambling Policy 2022-2025 [https://www.coventry.gov.uk/downloads/file/36699/draft_gambling_policy_2022-2025]
• Consultation Letter 2022 Review of Gambling Policy [https://www.coventry.gov.uk/downloads/file/36701/consultation_letter_review_of_statement_of_gambling_policy] 
• Local Area Profile 2022 [https://www.coventry.gov.uk/downloads/file/36700/local_area_profile_2022]
• Consultation Questionnaire [https://letstalk.coventry.gov.uk/gamblingpolicy] 

Gambling Act 2005 - Permits and prize gaming

The Gambling Act 2005 introduces a range of permits for gambling that are granted by the licensing authority. Permits are required when premises provide a gambling facility but either the stakes and prizes are very low or gambling is not the main function of the premises. 

Applications for permits can only be made by a person who occupies, or plans to occupy the premises. Applicants must be aged 18 or over.

Applications for permits cannot be made if a premise licence is in effect for the same premises.

Licensing authorities are responsible for issuing the following permits:

• unlicensed Family Entertainment Centre
• club gaming and club machine permits
• alcohol licensed premises gaming machine permits
• prize gaming.

Information on clubs and alcohol premises can be found under separate cover on the website.

The Family Entertainment Centre Gaming Machine Permit (FEC) will apply only to unlicensed FECs. The unlicensed FECs will only be able to provide Category D gaming machines, but there is no set limit to the number they can supply. Unlicensed Family Entertainment Centres are most commonly located at seaside resorts, in airports and motorway service stations.

View Statement of Principles for Unlicensed Family Entertainment Centres and Prize Gaming Permits [http://www.coventry.gov.uk/downloads/file/27580/statement_of_principles_for_unlicensed_entertainment_centres].

Prize gaming permits cover for gaming as prize gaming if the nature and size of the prize is not determined by the number of people playing or the amount paid for or raised by the gaming. The prizes will be determined by the operator before play commences. A permit authorises the provision of facilities for gaming with prizes on specified premises.

FECs and prize gaming permits if granted will have effect for 10 years, unless it ceases to have effect due to the permit being surrendered or lapses or is renewed. There is no annual fee.

A licensing authority cannot add conditions to these permits, though Coventry City Council have adopted a statement of principles that will apply when considering applications for these types of permits.

There is no minimum age to playing these types of machines and young persons may participate in equal chance prize gaming.

Gambling Act 2005 - Premises licences

The Gambling Act 2005 requires that any premise wishing to provide facilities for gambling activities will need to apply to the Licensing Authority for a Premises Licence.

An application for a premises licence may only be made by persons (which includes companies or partnerships) who have the right to occupy the premises and who have an operating licence to carry out the proposed activity. An applicant must be over the age of 18.

The authority is responsible for granting premises licences for the following:

• casino
• bingo
• betting office
• track betting
• adult gaming centre
• family entertainment centre.

Premises that held a licence under the Gaming Act 1968 were eligible to be granted a premise licence under 'Grandfathering' arrangements.

All premises have conditions attached to their licence these are mandatory conditions - those that must be attached to the premise and default conditions - those that will apply unless the licensing authority chooses to exclude them.

The licensing authority has the power to impose conditions on new licences issued under the Act. Any additional conditions must be proportionate to the circumstances they are seeking to address, and any decisions on individual conditions must be on a case-by-case basis.

Under the Act there are restrictions on the number and type of gaming machines that are allowed on gambling premises.

The premise licence stays in effect indefinitely unless the licence is surrendered or revoked.

A first annual fee is due within 30 days following grant of the licence. The annual fee will then be due to be paid to the licensing authority before the anniversary of the grant of the licence.

Additional fact sheets from DCMS [https://www.gov.uk/business-and-industry/gambling-regulation].

Gambling Act 2005 - Temporary use and occasional use notices

These allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable would include hotels, conference centres and sporting venues.

A Temporary use notice (TUN) may only be granted to a person or company holding a relevant operating licence.

A TUN must be lodged with the licensing authority not less than three months and one day before the day on which the gambling event will begin. Copies of the notice must be copied to:

• The Gambling Commission.
• The Police.
• HM Commissioners for Revenue and Customs.
• If applicable, any other licensing authority in the area that the premises are situated.

The bodies that receive copies of the notice will consider whether they wish to give notice of objection.

The same set of premises may not be the subject of a TUN for more than 21 days in any 12 month period. If the premises have been the subject of a TUN for more than 21 days the licensing authority must issue a counter-notice to stop the TUN.

A copy of the TUN must be displayed prominently on the premises.

Occasional use notices

The Gambling Act 2005 provides that where there is betting on a track on eight days or less in a calendar year, an occasional use notice may permit betting without the need for a full premises licence. The processes set out in the Act for applying for an occasional use notice are different to those for temporary use notices.

Provided that the notice will not result in betting facilities being available for more than eight days in a calendar year, there is no provision for counter-notices or objections to be submitted.

A notice must be served by a person who is responsible for the administration on the track or by an occupier of the track.  The notice must be served on the licensing authority and copied to the chief officer of police for the area in which the track is located. The notice must specify the day on which it has effect. Notices may be given in relation to consecutive days, so long as the overall limit of eight days is not exceeded in the calendar year

Facilitating betting in pubs and clubs is illegal

The Licensing Team have recently received lots of enquiries regarding "Race Days" in pubs and clubs across the city and whether their premises licence/club premises certificate would permit them to hold such events. This guidance has been produced by the Gambling Commission and provides you with all the facts and information regarding betting in licensed premises [http://www.coventry.gov.uk/downloads/file/20071/gambling_commision_guidance].

Gambling Act 2005 - Licensed Premises Pubs and Clubs

Pubs

Premises that are licensed for on-sales, that provides a bar at which alcohol is served without a requirement that alcohol is only served with food can offer gaming machines.

There is provision for an automatic entitlement to two gaming machines of category C or D.  The holder of the premises licence is required to notify the licensing authority and pay the prescribed fee. There is no annual fee required with this type of notification. If the applicant ceases to be the licence holder the automatic entitlement will cease and the new licence holder will need to make a new application. There is no requirement for a notice of the automatic entitlement to be displayed.

Holders of premises licences may apply for a permit to provide more than two gaming machines. The number of machines authorised by the permit are not in addition to an automatic entitlement. The holder of the premises licence is required to apply to the licensing authority and pay the prescribed fee. There is an annual fee for this type of application.  If the applicant ceases to be the licence holder a transfer of the permit can be made and a fee will be required to be made. The permit must be kept on the premises and produced when requested.  Permit holders are required to comply with the code of practice provided by the Gambling Commission.

Clubs

There are two types of clubs for the purposes of gaming, members clubs (including miners' welfare institutes) and commercial clubs. 

There are two types of permits for clubs club gaming permits and club machine permits.

Club gaming permits allow the provision of up to three gaming machines within certain categories, equal chance gaming and games of chance.

Club machine permits authorise the holder to have up to three gaming machines in certain categories. Commercial clubs are not able to provide non-machine gaming and may only apply for a club machine permit.

Permit holders are required to comply with the code of practice provided by the Gambling Commission.

Categories of machines allowed on the different club premises are provided as a download.

Gambling Act information and application forms

Further printable information about the different gambling licences and how to apply:

• Gambling Act 2005 - General information [/downloads/download/577/gambling_act_2005]
• Gambling Act 2005 - Gaming machines [/downloads/download/578/gambling_act_2005_-_gaming_machines]
• Gambling Act 2005 - Lotteries [/downloads/download/579/gambling_act_2005_-_lotteries]
• Gambling Act 2005 - Members' clubs and gambling [/downloads/download/580/gambling_act_2005_-_members_club_and_gambling]
• Gambling Act 2005 - Permits and prize gaming [/downloads/download/581/gambling_act_2005_-_permits_and_prize_gaming]
• Gambling Act 2005 - Premises licence [/downloads/download/582/gambling_act_2005_-_premises_licence]
• Gambling Act 2005 - Temporary and occasional use notices [/downloads/download/584/gambling_act_2005_-_temporary_use_and_occasional_use_notices]