Gambling premises licence

What are `Premises Licences'?

Licensing Authorities will issue the following Premises Licences:

  • Casino Premises Licences

  • Bingo Premises Licence

  • Adult Gaming Centre Premises Licence (enabling Category B and C gaming machines to be made available for use at the premises)

  • Family Entertainment Centre Premises Licence (enabling Category C and D gaming machines to be made available for use at the premises)

  • Betting Premises Licence (enabling the provision of facilities for betting, by making or accepting bets or by acting as a betting intermediary)

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Who can apply?

An application for a Premises Licence may only be made by persons (this includes companies or partnerships):

  • Who have the right to occupy the premises

  • Who have an Operating Licence which allows she or he to carry out the proposed activity, or have applied for an Operating Licence (the Premises Licence may only be issued once the Operating Licence has been issued) from the Gamblng Commission.

An applicant for a Premises Licence must be over the age of 18.

Except in the case of a track, a Premises Licence may not authorise the use of premises for activities of more than one of the types listed above. A Licence may not be issued in respect of premises if those premises already have a Premises Licence in effect.

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Can a number of different Premises Licences apply to a single premises?

No, each premises will only be able to have a single Premises Licence at any time except for tracks which may hold more than one Premises Licence as long as each licence relates to a different, specified area of the track.

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What fees will be payable?

A fee will be payable on application for the licence and there will also be an annual fee due.

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How long will a Premises Licence run for?

The duration of a Premises Licence will not be time limited and an annual fee will be payable to the Licensing Authority.

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Do I have to advertise my application?

Please note that if you are applying for the grant, variation or non fast-track conversion of a Premises Licence, or for a Provisional Statement, you MUST advertise your application.

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Who can make representations?

Section 161 of the Gambling Act states that an Interested Party or a

Responsible Authority may make representations to the Licensing Authority regarding an application for a Premises Licence. The Responsible Authorities

are the Licensing Authority; the Gambling Commission; Fire; Police; Environmental Health; Planning; the children and Young People Learning Services; HM Revenue and Customs; and other persons which Secretary of State may add via Regulations. Interested Parties include those who live sufficiently close to the premises to be likely to be affected by the authorised activities, and those who have business interests that might be affected by the authorised activities. Bodies representing these persons are also classed as Interested Parties.

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Can a review of a Premises Licence be applied for?

Yes, a Responsible Authority or an Interested Party may apply to the Licensing Authority for a review of the Premises Licence. The Licensing Authority can also initiate a review of a Premises licence, without the need for representations to have been made to it, but on the basis of reason(s) to suspect that the licence conditions are not being complied with, or for other reasons where it believes a review is appropriate.

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What is the appeals procedure?

In England and Wales appeals will be made to the Magistrates' Courts and must be made within 21 days of the relevant decision.

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Who has a right to appeal?

Where the Licensing Authority has rejected the Gambling Premises Licence application then the applicant has a right of appeal. Where the Licensing

Authority has granted the application then the applicant has a right of appeal as well as any persons who made representations in relation to the application. Where the Licensing Authority has taken action as a result of a review of the Gambling Premises Licence then the licensee has a right of appeal as well as any person who made representations in relation to the review, the person who applied for the review, or the Gambling Commission.

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Will Licensing Authorities have any enforcement duties?

The Gambling Commission will appoint its own Enforcement Officers, however, `authorised persons' have a number of enforcement powers and can include local authority designated persons such as Licensing Officers as well as those Officers responsible for minimising, or preventing the risk of pollution of the environment or of harm to human health i.e. Environmental Health Practitioners.

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Are gaming machines currently permitted in pubs?

Pubs and other alcohol-licensed premises can currently provide gaming by gaming machines with a permit issued by the Council. There are currently 80,000 gaming machines in approx 60,000 pubs. These are Amusement with Prizes machines (AWPs) and have a maximum stake of 30p and a maximum prize of ?35. They have to be located in premises which contain a bar.

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Which clubs can currently provide gaming?

Currently, certain clubs can offer gaming. These are:

• Members' clubs which are established for social, recreational purposes or other purposes not concerned solely for the provision of facilities for gambling

• Miners' welfare institutes

• Commercial clubs e.g. snooker clubs

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Will gaming machines be permitted in clubs?

A member' Club or a Miners' Welfare Institute (which do not hold Club

Gaming Permits), as well as a Commercial Club, wishing to make Gaming

Machines available for use, will need to apply to their local Licensing Authority for a Club Gaming Machine Permit (Section 273). This Permit will authorise making up to three gaming machines available for use (Gaming Machine category B, C, or D).

Schedule 12 sets-out the procedures for applying and processing the Permit and it should be noted that a copy of the application must be sent to the Gambling Commission and the Chief Officer of Police, either of which may object to the application. Holders of Club Premises Certificates under the Licensing Act 2003 are able to apply for a fast-track procedure which is set out in Schedule 12, paragraph 10.

A Licensing Authority, following a Licensing Committee hearing, can refuse to issue a permit on a number of grounds specified, including grounds on the basis of any objections raised. The need for a hearing can be dispensed with if all parties agree. No conditions can be attached to these permits.

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Can a club provide bingo?

Clubs under the Act will be able to hold bingo without a licence unless there are any 7 day periods in which the stakes or prizes are worth ?2,000 or more.

If such `high turnover' does take place then the club must notify the Gambling

Commission and if another `high turnover' 7 day period takes place in the next 12 months then the pub will require a Bingo Operating Licence from the Gambling Commission.