The Gambling Commission publishes revised Guidance to Licensing Authorities

Press release

Date: 1 May 2009

The Gambling Commission's revised Guidance to licensing authorities - May 2009 on gambling under the Gambling Act 2005 (the Gambling Act) is published today (1 May 2009).

This is the third edition of the guidance and includes changes announced last year following the Commission's consultation on split premises and primary gambling activity. From 1 May 2009 the primary gambling activity, authorised by an operating licence, must be offered in all associated licensed premises where gaming machines are made available for use pursuant to section 68(5) of the Act.

The third edition includes additional guidance on the meaning of making gaming machines ‘available for use' and a new section on exempt and permitted gaming in clubs and pubs. It also includes some general principles for when it is appropriate for the Commission to act or when it is appropriate for a licensing authority to act. This will assist both in carrying out their respective duties under the Act.

The Act requires the Commission to issue guidance to licensing authorities in Great Britain on the manner in which they are to exercise their functions under the Act and the principles to be applied by them in exercising those functions. Licensing authorities are required to take account of all such guidance.

The guidance is designed to ensure best practice and consistency of approach in decision making amongst licensing authorities, whilst not preventing authorities from properly exercising their local discretion to take account of appropriate and relevant local issues.

In order to make the Guidance easier to use as a reference tool we have published it in loose leaf format.  When a subsequent change is made licensing authorities can keep up to date with any policy or regulatory changes by simply replacing the relevant section in the Guidance. The document can be downloaded from our website and printed copies will be sent to all licensing authorities.

Director of Regulation, Nick Tofiluk said:

"The revised Guidance to Licensing Authorities benefits from our experience in regulating gambling alongside local authorities and will strengthen effective co-regulation of the gambling industry.

"We have consulted extensively on these changes which are published as the new operating licence condition requirement on primary gambling activity comes into effect."

Notes to editors

The Gambling Commission

1.  The Gambling Commission (the Commission) regulates gambling in the public interest.

2.  The Commission's objectives are: to prevent gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime; to ensure that gambling is conducted in a fair and open way; and, to protect children and other vulnerable people from being harmed or exploited by gambling.

3.  The Commission is responsible for licensing and regulating all commercial gambling in Great Britain other than the National Lottery and spread betting, which are the responsibility of the National Lottery Commission and the Financial Services Authority (FSA) respectively.

4. All gambling operators have a new licence condition coming into force on 1 May 2009 which requires for the primary gambling activity associated with specified non-remote operating licences to be offered in all associated licensed premises so, for example, betting premises must offer betting as the primary gambling activity.

5. There are a small number of operators that were issued with licences under the previous gambling legislation on the understanding that they would offer Fixed Odds Betting Terminals (FOBTs, now category B2 gaming machines) but would not offer general betting services. These has been given a period of grace until 31 March 2010 before they are required to be compliant with the new licence condition.

6. The Guidance to Licensing Authorities can be downloaded from the Commission's website.

7. The responses document on the public consultation on the changes to the Guidance to Licensing Authorities is also available.

Further information

Further information is available from the Commission's website.

Gambling Commission: John Travers on (0121) 230 6700 or communications@gamblingcommission.gov.uk