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THE GAMBLING ACT 2005 Training Pack The Gambling Act 2005 The Gambling Act 2005 (the Act) was developed in response to changes in the gambling industry and public attitudes to gambling Gambling is illegal unless permitted under the Act (or related Acts)

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THE GAMBLING ACT 2005

Training Pack


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The Gambling Act 2005

  • The Gambling Act 2005 (the Act) was developed in response to changes in the gambling industry and public attitudes to gambling

  • Gambling is illegal unless permitted under the Act (or related Acts)

  • The Act created a new regulator, the Gambling Commission

  • The Act will be implemented on 1st September 2007


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The Licensing Objectives

The Act and Regulations aim to:

  • prevent gambling being a source of crime or disorder

  • ensure gambling is conducted in a fair and open way

  • protect children and other vulnerable people


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The New Licensing Regime

There are three types of gambling licence under the new Act:

  • Operating licences

  • Personal Licences

  • Premises licences

    In addition to premises licences, there are several other forms of authorisation that permit premises to be used for gambling. For example:

  • Temporary and occasional use notices

  • Permits


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The Role of the Gambling Commission

  • The Gambling Commission will regulate all commercial gambling in Great Britain except the National Lottery and Spread Betting

  • The Gambling Commission will issue, monitor and enforce personal and operating licences


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The Licensing Authority Role

Licensing authorities will issue:

  • Premises licences

  • Temporary use notices

  • Permits

  • Hold hearings

    Licensing authorities will also be responsible for:

  • The monitoring and enforcement of the authorisations they issue

  • Sheriffs will hear premises licence appeals in Scotland


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Premises Licences

  • Premises licences are required where an individual or company wishes to offer premises based gambling

  • They apply to a building and can be transferred between operators

  • An operating licence is required before a premises licence can be issued

  • There are several types of premises licence

  • Premises licences are of unlimited duration (unless revoked by the licensing authority, surrendered by the holder etc.)


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Principles

When considering premises licence applications, licensing authorities should aim to permit gambling in so far as they think it is:

  • In accordance with Commission codes of practice

  • In accordance with Commission guidance

  • Reasonably consistent with the licensing objectives

  • (subject to the two points above)

  • In accordance with authority’s three year licensing policy statement (subject to the conditions above)

    Demand does not need to be demonstrated


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The Licensing Officer, the Licensing Authority

  • The licensing officer may decide applications where there have been no representations (if delegated by the licensing authority)

  • The licensing authority, or sub committee may decide cases where representations have been made, conditions are attached (with or without representations) or a licence is reviewed

  • The whole authority must decide on ‘no-casino’ resolutions and the three year licensing policy


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Applications

  • Applications will be in a standard format and should be accompanied by the appropriate fee

  • They will include a description of the business and a plan of the premises

  • The applicant must give notice of his application to interested parties and responsible authorities

  • Licensing officers may inspect the premises


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Representations

Those who may make representations fall into two categories

  • Responsible authorities

  • Interested parties, who are:

    • those living nearby (‘sufficiently close')

    • businesses that may be affected

    • the representatives of both of the above


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Relevant Representations

  • Only representations from responsible authorities or interested parties are admissible

  • For a representation to be relevant it must

    • Raise issues relating to the licensing objectives

    • Raise issues under the Gambling Commission guidance/code of practice

    • Raise issues regarding the authority’s policy statement

  • If relevant representations are raised the licensing authority must hold a hearing


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    The Decision

    Licensing authorities or officers have these options:

    • To grant a licence

    • To refuse the application (bearing in mind the objectives, Guidance and own policy statement)

    • To grant a licence with a default condition removed and/or

    • To grant a licence with an individual condition added


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    Licence Conditions

    The Act gives certain permissions but also makes certain conditions. These fall into four categories

    • those set out in the Act

    • mandatory conditions (to be contained in regulations)

    • default conditions (to be contained in regulations)

    • individual conditions

      The aim is to be responsive to local choice while providing a norm against which local conditions may be compared


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    Mandatory Conditions

    • Mandatory conditions cannot be changed by the authority

    • They may be attached to all licences or to certain types of premises licence

    • Current plans are for regulations to be laid in November 2006, coming into force on 3I January 2007

    • The case studies that form part of this training provide some examples of proposed mandatory conditions


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    Default Conditions

    • Gambling Commission guidance suggests default

      conditions are expected to be the industry norm

    • They largely concern gambling hours

    • They may be removed by the authority

    • They may be replaced or added to by a specific condition required by the authority


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    Individual Conditions

    An individual condition may be added by the authority to an individual licence to deal with a specific problem.

    For example, a licensing authority could require an Adult Gaming Centre located near a school to have door supervision between certain hours.


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    Removing or Attaching Conditions

    To recap on the gambling premises licensing principles:

    Whatever conditions the authority adds or takes away the action must be:

    • in accordance with the the Gambling Commission Codes of Practice and Guidance

    • reasonably consistent with the Licensing Objectives (subject to the above)

    • subject to these, in accordance with the Statement of Policy


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    Hearings

    • If relevant representations have been made, or the authority wishes to remove or attach a condition, there must be a hearing.

    • The process for hearings in Scotland will be similar to the Licensing (Scotland) Act 1976


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    Issuing the Licence

    • If the licensing authority or the licensing officer is satisfied that the application does not conflict with the principles outlined earlier, they should grant the licence

    • they must then issue the applicant with notice of grant, a licence and a summary of the licence.

    • The grant must be entered on the authority’s register.

    • The licensing authority must also notify certain responsible authorities and all those who made representations of the grant of licence.


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    Appeals

    If the licensing authority decides not to grant a licence

    they must advise the applicant , the Gambling Commission, certain responsible authorities and those who made representations

    Appeals against refusal to grant a licence are made to Sheriffs in Scotland


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