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Consultation response

Licensing, Compliance and Enforcement Policy: Consultation Response

This response sets out our position in relation to the consultation around proposed changes to our Licensing, Compliance and Enforcement Policy.

Proposal 4: Timescale for using licence


New paragraph for insertion after current paragraph 3.10

In considering operating and personal licence applications, the Commission will include assessment of whether an operating licence applicant is likely to provide facilities for gambling within a reasonable period or a personal licence applicant is likely to be employed in a role that requires a personal licence within a reasonable period. 

Consultation question

    Q8. To what extent do you agree with our proposal to add a statement setting out our expectations that licences are used within a reasonable period of time of granting?

Respondents’ views

The majority of respondents agreed with the proposal and commented:

  • the term ‘reasonable’ is subjective and should be clearly defined, for example 3 months
  • the Commission should consider how long it may take a business to get certain things into place, for example banking arrangements
  • the Commission should clarify whether this only applies to personal licence applicants who work for a company rather than act on a consultancy basis.

Respondents also made the following comments:

  • personal licence holders may be between jobs that require a personal licence
  • entity may apply well ahead of intended trading date because of the time it takes to get the business ready to trade.

Our position

Whilst the Commission understands the comments about defining what a ‘reasonable’ period is, the Commission does not intend to define this because it is right that we consider each application on its own merits. Whilst it might be reasonable, based on the information provided with the application and the type of application, to expect one applicant to begin to use their licence within a couple of months of it being granted, it may not be reasonable for another applicant.

In respect of personal licence holders who may be in between jobs, it should be noted that this new paragraph applies specifically to applicants for licences.

It should be noted that this applies to all personal licence applicants. Those applying for a personal licence purely to provide consultancy services and who do not intend to take up a role that requires them to hold a personal licence are unlikely to be granted a licence.

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Proposal 3: Clarification of relevant persons
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Proposal 5: Clarification of suitability criteria
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