Ryedale District Council

Gambling premises licence

The Gambling Act 2005 put in place an improved, comprehensive structure of gambling regulation.

The Gambling Act 2005 introduced 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) in Great Britain.

The Commission and the Licensing Authorities share responsibility for granting gaming and betting permissions from licensing justices.

Premise and Permit Licence holders, the Council and other agencies must all work to promote the three Gambling Licensing objectives which 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; and
  • protecting children and other vulnerable persons from being harmed or exploited by gambling. There will be a transitional changeover from existing legislation to the new regime and the Council was required to produce a Statement of Licensing Principles prior to taking the first applications in April 2007.

The Council undertakes various regulatory functions in relation to a number of gambling activities and is responsible for:

  • the issuing of Premise Licences for the provision of gambling activities;
  • the issuing of Permits for Unlicensed Family Entertainment Centres, Club Gaming, Club Machines, Licensed Premises Gaming Machines and Prize Gaming;
  • the issuing of Provisional Statements;
  • the receiving and endorsing of Temporary Use Notices;
  • the receiving of Occasional Use Notices; and
  • the registering of Small Lotteries.

For further information and advice, please submit an Enquiry Form.

 

A Premises Licence, issued under the Gambling Act 2005, is required for any premises where an individual or company proposes to offer premises based gambling and are issued in respect of specific premises.

The types of licence available are as follows:

  • Casino Premise Licence;
  • Bingo Premise Licence;
  • Adult Gaming Centre Premise Licence (enabling Category B gaming machines to be made available for use at the premises);
  • Family entertainment Centre Premise Licence (enabling Category C gaming machines to be made available for use at the premises);
  • Betting Premise Licence (enabling the provision of facilities for betting, by making or accepting bets or by acting as a betting intermediary).

An application for a Premise Licence may only be able to be made by persons (which includes companies or partnerships) who:

  • have the right to occupy the premises; and
  • have an Operating Licence which allows him/her 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 by the Gambling Commission).

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

Except in the case of a racing 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.

In respect of the fees, the details of the maximum amounts payable have been outlined within Regulations made by the Department of Culture, Media and Sport (DCMS). The Council has set a level of fees to allow cost recovery.

For further information and advice, please submit an Enquiry Form.

 

The types of Permit available are as follows:

  • Family Entertainment Centre Gaming Machine Permit;
  • Club Gaming Permit;
  • Club Machine Permit;
  • Licensed Premises Gaming Machine;
  • Prize Gaming Permit.

Family Entertainment Centre Gaming Permit

Family Entertainment Centres (FECs) are most commonly be located at seaside resorts, in airports and motorway service centres and will cater for families, including unaccompanied children and young persons.

Any FEC Permit granted will last for 10 years and will be subject to the payment of an annual fee.

Club Gaming and Club Machine Permit

These Permits relate to members' clubs and miners' welfare institutes (but not commercial clubs).

Either permit granted will last for 10 years and will be subject to the payment of an annual fee.

Licensed Premises Gaming Machine Permit

Section 282 of the Act provides an automatic entitlement to make available two gaming machines for use in alcohol licensed premises. To take advantage of this entitlement, the Licensing Act Premise Holder must give notice to the Authority of their intention to make gaming machines available for use and must pay the prescribed fee.

Any licensed premises gaming machine permit granted will have no expiry date but will be subject to the payment of an annual fee.

Prize Gaming Permit

A prize gaming permit is a permit that will be issued by the Authority to authorise the provision of facilities for gaming with prizes on specified premises.

An application for a Permit can only be made by a person who occupies or plans to occupy the relevant premises and if the applicant is an individual he/she must be aged 18 or over. An application for a Prize Gaming Permit cannot be made if a Premises Licence or Club Gaming Permit is in effect for the same premises.

Any permit granted will last for 10 years and will be subject to the payment of an annual fee.

For further information and advice, please submit an Enquiry Form.

 

Section 204 of the Act provides for a person to make an application to the Authority for a Provisional Statement in respect of premises that he/she:

  • expects to be constructed;
  • expects to be altered; or
  • expects to acquire a right to occupy.

Developers may wish to apply for Provisional Statements before they enter into a contract to buy or lease property or land, to judge whether or not a development is worth taking forward in light of the need to obtain a Premise Licence.

Applicants for Premise Licences will have to fulfil the criteria of having an Operating Licence issued by the Gambling Commission in place, this restriction will not apply in relation to an application for a Provisional Statement.

For further information and advice, please submit an Enquiry Form.

 

These will allow the use of premises for gambling where there is no Premise Licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a Temporary Use Notice ( TUN ) would include hotels, conference centres and sporting venues.

The same set of premises may not be the subject of a TUN for more than 21 days in any 12 month period, but may be the subject of several Notices provided that the total does not exceed 21 days.

For further information and advice, please submit an Enquiry Form.

 

These notices provide that where there is betting on a track on 8 days or less in a calendar year, betting maybe permitted by way of an Occasional Use Notice without the need for a full Premises Licence.

Provided that the notice will not result in betting facilities being available for more than the 8 days permitted, then there is no provision for counter-notices or objections to be submitted.

For further information and advice, please submit an Enquiry Form.

 

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Ryedale District Council
Ryedale House, Old Malton Road
Malton, North Yorkshire
YO17 7HH

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