Joint compliance and enforcement statement

Date: 30 August 2007

Ahead of the Gambling Act 2005 coming fully into force the Gambling Commission, Local Authorities Coordinators of Regulatory Services (LACORS) and the Association of Chief Police Officers (ACPO) have issued a Joint Compliance and Enforcement Statement.

The statement sets out the broad approach all three parties will apply towards compliance and enforcement of gambling premises in the immediate post 1 September 2007 period.

The statement can be read below:

Joint statement on Compliance and Enforcement issued by Gambling Commission, Local Authorities Coordinators of Regulatory Services (LACORS) and the Association of Chief Police Officers (ACPO)

The Gambling Act 2005 (the Act) comprehensively updates existing gambling laws, providing new powers and protections for both new and old forms of gambling.  The new regime is jointly administered by the Gambling Commission (the Commission) and local (licensing) authorities.

The Act has three licensing objectives:

  • Preventing gambling from being a source of crime and disorder;
  • Ensuring that gambling is fair and open; and 
  • Protecting children and vulnerable people from being exploited or harmed by gambling.

Since January 2007 (operating & personal licences) and 21 May 2007 (premises licences), all operators requiring licensing under the new regime have had the opportunity to apply for their new licences.  On 1 September 2007 the full provisions of the Act come into effect and from that day, all operators that require operating and premises licences (Adult Gaming Centres, Family Entertainment Centres, Bingo premises, Betting shops, Tracks, and Casinos) will need to be licensed under the new Act.  Their existing licences will cease, regardless of the dates of expiry.  Alcohol licensed premises and clubs will need to renew or convert their existing permits and registrations when they are due to expire.

Inevitably there will be a number of premises that will not have a new licence in place by the 1 September, or will not have renewed / converted their permit / registration when they were required to do so.  We therefore wish to set out our joint approach for dealing with unlicensed premises.

General principles

The Commission, LACORS and ACPO have agreed a framework in relation to dealing with unlicensed premises in the immediate post 1 September 2007 period.  This is focused around pursuing the 3 licensing objectives.  Central to this framework is partnership working between licensing authorities, the Commission and police forces.  Any action taken will be decided on a case-by-case basis as we recognise that adopting a blanket approach will not be appropriate.  Our ultimate aim is to have a properly regulated and licensed gambling industry.

Compliance and enforcement in relation to unlicensed premises

With the underlying principle that all operators should have a licence / permit and should run their premises in accordance with the law, there will be a variety of reasons why licences / permits have not been obtained, not all of them wilful.  Reasons could range from administrative issues, such as the licence / permit not yet having been issued, to operators not realising they had to apply.  The steps an operator has taken to become licensed will be taken into account when determining the most appropriate course of action.

Local authorities are generally in the best position to proceed against individual unlicensed premises, although the Commission will be keen to consider compliance activity against operators who have a regional or national presence.  The Commission and local authorities will also work together to identify and investigate organised or persistent illegal activity.

Compliance and enforcement in relation to licensed premises

LACORS, the Commission and ACPO encourage a proportionate and risk-assessed targeted approach towards compliance and enforcement:

  • Licensing authorities will generally lead on matters relating to individual premises.
  • The Gambling Commission will generally lead on matters relating to businesses with a national or regional presence.
  • ACPO will support local authorities and the Commission in achieving the delivery of a properly regulated and licensed gambling industry.

The priorities for action will depend on the extent that the licensing objectives are threatened.  Local flexibility is key when making decisions in respect of compliance and enforcement.

Derek Allen
Executive Director,
LACORS

Jenny Williams
Chief Executive,
Gambling Commission

ACC Ian Seabridge
Association of Chief Police Officers