Premises Licensing
The Act - FAQ
What changes has the Act made to the the law around Gambling?
What will the Act do?
When did the Act become law?
Where can I view the Act and its Explanatory Notes?
When will the Act be implemented?
What are premises licences?
Who can award a premises licence?
How will a licensing authority make its decision on an application for a Premises Licence?
What is the "Guidance from the Gambling Commission"?
What is the "Licensing Policy"?
What flexibility will licensing authorities have in setting their licensing policy?
Why isn't there going to be a local government representative on the Gambling Commission?
Can an Authority refuse to allow any Gambling Premises in their area?
Who can make representations?
What conditions can be attached to a premises licence?
What fees are payable and who will set them?
What licences will a club need to have in order to have gaming machines?
Will internet and phone betting enterprises need to have a premises licence?
Will there be training provided to help local authorities implement their new responsibilities?
Who will be responsible for any start-up costs relating to premises licensing?
Can we find out how much in start-up costs my local authority has been allocated?
Question: What changes has the Act made to the the law around Gambling?
Answer: The Gambling environment in the United Kingdom has changed over the last ten years and is still changing rapidly. The previous gambling legislation currently dated from the 1960's and included provisions dating back to the 17th Century. It is clearly not designed to cope with gambling on the Internet and betting exchanges. The Government is though aware of the dangers posed by excessive gambling and so the new Act includes the strongest protections for children and the vulnerable.
Question: What will the Act do?
Answer: The Act consolidate all gambling legislation into one piece of legislation. with the previous legislation repealed. The Act creates a new body, The Gambling Commission, replacing the existing Gaming Board of Great Britain. The Gambling Act will also introduce three licensing objectives under which the Commission will exercise it's functions. These are:
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Preventing gambling from being a source of crime, being associated with crime or being used to support crime
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Ensuring that gambling is conducted in a fair and open way
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Protecting children and other vulnerable persons from being harmed or exploited by gambling
The Gambling Commission will base all of its activities on the pursuit of these objectives.
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Question: When did the Act become law?
Answer: The Act was given Royal Assent on the 7th April 2005
Question: Where can I view the Act and its Explanatory Notes?
Answer: You can view the Act at http://www.hmso.gov.uk/acts/acts2005.htm and the Explanatory Notes at http://www.opsi.gov.uk/acts/expa2005.htm
Question: When will the Act be implemented?
Answer: It is planned that the Act will be fully implemented by Autumn 2007 although some parts of the Act will come into force before then. You can read an introductory note about implementation at http://www.culture.gov.uk/gambling_and_racing/
Premises Licences
Question: What are premises licences?
Answer: Premises licences allow an operator who has an operating licence, granted by the Gambling Commission, to open a Gambling Establishment.
Question: Who can award a premises licence?
Answer: The licensing authority for the location in which the property is located will be responsible for awarding premises licences. In most situations this will be the relevant local authority.
Question: How will a licensing authority make its decision on an application for a Premises Licence?
Answer: The licensing authority, when making a decision on an application for a premises licence, will take into account
In addition, any relevant persons may make representations in regard to an application. If representations are made, or conditions are to be imposed/excluded, then these issues must be decided upon by a hearing of the licensing Committee.
It is possible for a licensing authority to determine an application without a hearing, but only if this has been agreed by all parties or if the representations are determined to be vexatious or frivolous.
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Question: What is the "Guidance from the Gambling Commission"?
Answer: The Gambling Commission will be required to provide local authorities with guidance as to the manner in which they are to exercise their licensing functions, and the principles which they should apply. Local authorities will be consulted prior to this guidance being issued and must have regard to it. However, the Gambling Commission will not give guidance on planning matters as planning objectives must be secured through the planning system.
Question: What is the "Licensing Policy"?
Answer: Each Licensing Authority will need to produce a Statement of Licensing Policy that will set out how the authority intends to exercise its functions under the Act and the principles it intends to apply. The Gambling Commission guidance will contain some information about what to include in the policy but its final content will be the responsobility of the individual Authority. The policy will last three years but should be reviewed from time to time.
Question: What flexibility will licensing authorities have in setting their licensing policy?
Answer: Licensing authorities will need to base their Licensing Policy upon the licensing objectives and guidance from the Gambling Commission. Licensing authorities will also be able to take account of the area's wider interests when determining the policy.
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The Gambling Commission
Question: Why isn't there going to be a local government representative on the Gambling Commission?
Answer: The duty of the Gambling Commission will be to uphold the licensing objectives. It has never been envisaged that members of the Gambling Commission would be "representative" but that they had the skills to ensure the Gambling Commission is successful. This, of course, does not preclude a person with experience of working with local government from becoming a commissioner.
Question: Can an Authority refuse to allow any Gambling Premises in their area?
Answer: No, Local Authorities will not have the ability to impose "blanket bans". All applications for a premises licence are to be considered on the individual merits of the case. However, authorities will be able to make a resolution to decide not to have any, or more casinos in their area. Such a decision will not be able to affect existing casino premises and the authority will have to be able to justify its decision.
Question: Who can make representations?
Answer: An "interested party" or a "responsible authority" (as defined under the Gambling Act) may make representations to the licensing authority regarding an application for a premises licence. A list of those considered to be "responsible authorities" and "interested parties" can be found here, but also appears in the Act. Interested parties include those living close enough to the premises to be affected by it and those who may have business interests affected by the authorised activities
Question: What conditions can be attached to a premises licence?
Answer: There are three types of conditions that can be attached to a premises licence.
Mandatory conditions – These will be imposed by the Secretary of State and may not be changed by licensing authorities.
Nb. Both mandatory and default conditions may apply to licences in a particular class, make different provisions for different classes, or for different circumstances.
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Question: What fees are payable and who will set them?
Answer: The Government's objectives in setting premises licence fees remain to ensure that the system provides cost recovery for local authorities whilst offering consistency and fairness to the gambling industry. To this end, the Secretary of State will set bands of fees with a prescribed maximum within which local authorities will be able to choose the precise premises licence fee. Additionally, the Secretary of State will be able to devolve the power to set fees to certain high performing authorities. At present, it is envisaged that those authorities rated "excellent" under the Audit Commission's Comprehensive Performance Assessment (CPA) will be able to take advantage of this additional freedom. Since the CPA only applies to authorities in England, this freedom will not apply to Wales for the time being. There is however, scope in the Act for similar provision to be made for Welsh authorities. Fees in Scotland will be set by Scottish Ministers. You can read the announcement here.
Question: What licences will a club need to have in order to have gaming machines?
Answer: A club which holds a Club Premises Certificate under the Licensing Act 2003 will need to apply to a licensing authority for the necessary permits to have gaming machines on their premises. This application will be decided on by the licensing authority. A club who does not have a Club Premises Certificate will also need to copy his application to the Gambling Commission and the Chief Officer of the local police force, who will be allowed to make objections on any application.
Question: Will internet and phone betting enterprises need to have a premises licence?
Answer: No, but they will need to obtain the relevant operating licence.
Question: Will there be training provided to help local authorities implement their new responsibilities?
Answer: A working group comprising representatives from DCMS, the LGA, LACORS, IoL, the gambling industry and others are currently considering the most effective strategy for ensuring that those processing and deciding applications have the necessary skills.
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Question: Who will be responsible for any start-up costs relating to premises licensing?
Answer: Money has been made available through the Revenue Support Grant (RSG) distributed by ODPM for the start-up costs associated with gambling premises licensing. This money was available in 04/05 and this year (05/06) and it is envisaged that the following should be considered as start-up costs:
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Training for existing licensing officers, councillors and administrative staff. Staff/Recruitment costs (where additional staff are required to fulfil gambling premises licensing responsibilities)
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Additional software/hardware requirements Transfer of records from Magistrates to authorities
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Producing and consulting on the three year licensing policy statement
Question: Can we find out how much in start-up costs my local authority has been allocated?
Answer: No. The amount of money allocated for gambling start-up costs through the Revenue Support Grant is not ring-fenced. The money has been provided as part of the Environmental, Protective and Cultural settlement and it is up to each individual authority to decide how that money is spent.
We are unable to tell you the total amount of money allocated for gambling start-up costs through the RSG for 04/05 and 05/06. Nor can we tell each individual authority the amount of money that has been allocated to them in particular. All we are able to do is assure authorities that money is available for 04/05 and 05/06 and advise that each authority, when looking at their overall budget, consider what proportion should be allocated for gambling start-up costs.
Responsible Authorities
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Local Authorities
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The Gambling Commission
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The local Police Force
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The local Fire Authority
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The local planning authority
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Work or Environmental Health body or similar e.g. Health and Safety Executive, Environment Agency
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Child welfare agencies e.g. Child Protection Agency
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HM Customs and Excise
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Maritime and Coastguard Agency
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British Waterways Board
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Any other person prescribed by regulations of the Secretary of State
Interested Parties
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Those living sufficiently close enough to the premises to be affected by the authorised activities, or a person representing them
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Those with business interests that may be affected by the authorised activities, or a person representing them
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