Gambling FAQs
Frequently Asked Questions about the Gambling Act.
THE GAMBLING ACT - SUMMARY OF KEY PROVISIONS
The Act regulates all gambling in Great Britain except the National Lottery and spread betting.
The Act created a new regulator - The Gambling Commission (replacing the Gaming Board)
The regulatory framework is based on a system of licences, permits and registrations.
More detailed guidance is contained in our 'Information for Applicants' booklet which can be downloaded by clicking on the icon on the right.
3.1 The Licensing Authority will:
3.2 Section.153 of the Act requires licensing authorities to aim to authorise the use of premises for gambling in so far as it is in accordance with:
The Act creates three categories of licence:
4.1 Operating Licences
These will be issued by the Gambling Commission and will authorise individuals and companies to conduct specified types of gambling or gambling facilities. Types of licence which may be issued are:
The Gambling Commission can attach conditions to Operating Licences.
4.2 Personal Licences
These will also be issued by the Gambling Commission.It is a mandatory condition of an Operating Licence that at least one person holds a management office and that person must hold a Personal Licence.
The purpose of the Personal Licence is to ensure that individuals who control gambling facilities are fit and proper persons.
Personal Licences last indefinitely and are not transferable.
(Some small scale operators will be exempted from the requirement to hold a Personal Licence. In general, any business which has less than three management ('qualifying') positions will be regarded as a small scale operator).
4.3 Premises Licences
Premises Licences will be granted by Licensing Authorities for the following facilities:
Generally, Premises Licences may only be granted to a person with a relevant Operating Licence granted by the Gambling Commission.
Licensing authorities have the power to attach conditions to Premises Licences.
A Premises Licences lasts indefinitely. An annual fee is payable to the Licensing Authority to maintain the licence.
You can download an application form by clicking on the appropriate icon on the right.
Casinos
Casino licences may only be granted in areas designated by the Secretary of State.
Torridge is not a permitted area so we are unable to issue a premises licence for a casino.
4.4 Permits
Licensing Authorities will issue permits for the following lower risk gambling activities:
The Gambling Act creates seven categories of gaming machines with varying levels of stakes and payouts. Restrictions on the number and type of machines will apply depending on the type of gambling carried out at a premises.
4.5 Registrations
Licensing authorities already have responsibility for registering Small Society Lotteries.This function will continue but with revised procedures (see separate web page on Lotteries).
We will aim to issue your licence, permit or registration within 6 working days of receipt of a valid application.
The Act allows licensing authorities to set their fees at a level which enables them to recover the full costs (direct and indirect) of the licensing function under the Act. The Council's fees have been set on this basis.
See fees and charges at http://www.torridge.gov.uk/article/12721/Financial-Services-Publications
6.1 The Gambling Act delegates most decisions relating to Premises Licences to the Licensing Committee (and thereafter to officers) with the exception of:
These decisions must be made by full Council.
7.1 Section 349 of the Act requires all Licensing Authorities to prepare and publish a Licensing Policy (the 'Statement of Principles') setting out the principles it will apply when carrying out its functions. The Policy must be reviewed at least every three years.
7.2 Licensing Authorities must consult the following bodies on their Policy:
7.3 The Policy has four main purposes:
The Council reviewed its Statement of Licensing Principles in 2018. The revised Statement was formally adopted by full Council on 10th December 2018 and will remain in force until 30th January 2022. The revised Statement can be viewed on this webpage.
The Gambling Act establishes two groups of persons who can make representations about applications: 'Responsible Authorities' and 'Interested Parties'.
8.1 Responsible Authorities
The Act defines Responsible Authorities as:
8.2 Interested Parties
The Gambling Act states that, for a person to be regarded as an Interested Party, they must
Licensing Authorities must include a section in their Policy which sets out how they will determine if a person is considered to be an Interested Party.
8.3 Representations
Representations must relate to one or more of the licensing objectives. The Licensing Authority can make representations itself.
8.4 Hearings
If the Licensing Authority receives (or makes) a relevant representation, the application must be considered at a hearing by a sub-Committee of the Licensing Committee.
There is a right of appeal to the Magistrates' court. An appeal must be made within 21 days of notification of the licensing authority's decision.
Conditions can be attached to Premises Licences by the Licensing Authority.
There will be three types of condition:
The Gambling Act builds in regulatory protection by way of the review process.
Responsible Authorities, Interested Parties and the Licensing Authority itself can call for a review of a Premises Licence if licence conditions are contravened or the licensing objectives are being undermined.
There is a right of appeal to the Magistrates' Court.
The Act makes provision for temporary use of premises for gambling by way of Temporary Use Notices.
Temporary Use Notices may only be granted to persons who hold an Operating Licence granted by the Gambling Commission.
Maximum permitted period for temporary use for any one premises is 21 days in any year.
An Occasional Use Notice may be used to authorise betting on a track for up to eight days in any calendar year.
The definition of 'track' covers not just permanent racecourses and dog tracks but any land on which a race or other sporting event takes place. This includes, for example, agricultural land on which point-to-point meetings take place. The person giving the Notice must be responsible for the administration of the event or be the owner/occupier of the track.
Any person wishing to provide betting facilities on a track under an Occasional Use Notice must hold a Betting Operators Licence from the Gambling Commission.
There is no fee for an Occasional Use Notice.
You can download an Occasional use Notice by clicking on the appropriate icon on the right.
The Act provides certain exemptions for gaming which is provided on a not-for-profit basis. These are:
Further information on exempt gaming is included in the fact sheets in the Downloads section.
(More detailed information on the various licences, permits and application procedures is contained in the "Information for Applicants" guidance which can be downloaded from this page).
Frequently Asked Questions about the Gambling Act.