Gambling premises licence
Trafford Council is required, under section 349 of the Gambling Act 2005, to prepare, consult and publish a Gambling Policy every three years. Our current policy comes into effect on the 31 January 2016 and must be reviewed and published by 31 January 2019.
The Gambling Act 2005
The Gambling Act 2005 introduced a new regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting. It received Royal Assent on the 7 April 2005.
The Gambling Act 2005 repeals the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976.
The Act has introduced a unified regulator for gambling in Great Britain, the Gambling Commission, and a new licensing regime for commercial gambling (to be conducted by the Commission or by licensing authorities, depending on the matter to be licensed). The Act removes from licensing justices all responsibility for granting gambling and betting permissions, which they exercised previously. Instead, the Commission and licensing authorities will share between them responsibility for all matters previously regulated by licensing justices.
From January 2007, the Commission became responsible for granting operating and personal licences for commercial gambling operators and personnel working in the industry. It also regulates certain lottery managers and promoters. The Act sets out different types of operating licences that cover the full range of gambling activities in Great Britain.
Licensing authorities have new powers to licence gambling premises within their area, as well as undertaking functions in relation to lower stake gaming machines in clubs and miners' welfare institutes. The Act also provides a new system of temporary use notices. These authorise premises that are not licensed generally for gambling purposes to be used for certain types of gambling, for limited periods.
What are the gambling objectives?
The Act contains three licensing objectives which underpin the functions that the Commission and licensing authorities will perform. These objectives are central to the new regulatory regime created by the Act. They are:
- Preventing gambling from being a source of crime and 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.
What activities does a premises licence authorise?
A premises licence can authorise the provision of gambling facilities on:
- casino premises
- bingo premises
- betting premises, including tracks
- adult gaming centres
- family entertainment centres
Where can I obtain the relevant application forms?
All relevant application forms and guidance relating to Premises Licences may be downloaded from the Department for Culture, Media and Sport website.
The application must be served on the Licensing Authority. The applicant must also send a copy of the application to all the Responsible Authorities.
A plan must be submitted with the application form. The plan must be to scale and show the boundary of the premises, the entrances and exits, the location of toilets and the areas where gambling will be carried out. In respect of applications for bingo premises licences or family entertainment centre premises licences, the plan must show the nature and location of any barrier or other thing separating any part of the premises in which (in bingo halls) Category B or C machines are located and (in respect of family entertainment centres) where Category C machines are situated.
A notice must be displayed on or near the premises where it can conveniently be read by members of the public from the exterior of the premises. This notice must be maintained for 28 days from the day on which the application is made to the Licensing Authority. In addition, a notice must be inserted in a local newspaper circulating in the area, within ten days of the application being made.
It is only responsible authorities and interested parties who can make representations to an application.
An interested party is a person who:
- Lives sufficiently close to the premises to be likely to be affected by the authorised activities.
- Has business interests that might be affected by the authorised activities.
- Represents person who satisfy the above.
If a representation is made, the Authority will hold a hearing before the Licensing Committee unless the representation is withdrawn or the Licensing Authority determine that the representations are:
- Will certainly not influence the Authority's determination of the application.
The Licensing Committee ensures that each party is given the opportunity to address the Committee, call witnesses and provide further information on any matter on which the Committee has indicated they want further clarification.
Review of licence
A responsible authority or an interested party may apply at any time for a review of a licence.
Where the Authority grants an application for review, or has given notice of its intention to initiate a review, it will review the licence as soon as reasonably practicable in order to determine what, if any, action should be taken. A responsible authority or an interested party should contact the Licensing Office if they wish to apply for a review.
This authority is under a duty to protect the public funds it administers, and to this end may use the information you provide on any application form for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.