Guidance
Consumer Perceptions of the Complaints Process
Consumer Perceptions of the Complaints Process
3 - Meaning of premises
22.5. A licensed FEC is classified as ‘premises’ and only premises that are wholly or mainly used for making gaming machines available may hold an FEC premises licence (s.238 of the Act). As a result, it is generally not permissible for such premises to correspond to an entire shopping centre, airport, motorway service station or similar. Typically, the machines would be in a designated, enclosed area.
22.6. The Commission considers that it is not permissible for gaming machines which should be contained within the FEC premises, to be located in corridors and walkways which form part of the larger building. Machines have been found in such venues without the requisite FEC premises licence and as such the machines are being made available unlawfully and are not subject to the controls necessary to minimise gambling-related harm and to protect children and vulnerable people. This exposes young people to ambient gambling that the Act was designed to prevent (through the removal of machines from takeaways, taxi offices as well as others).
22.7. In the event that a licensing authority may have granted an FEC premises licence to premises that should not have qualified for one, the procedure for review will apply as set out in Part 10 of this guidance. Depending on circumstances this might include sharing concerns with the premises licence holder (exploring the possibility of them applying to vary the premises licence to render it compliant), seeking a review of the premises licence and/or imposing conditions.
Last updated: 14 September 2023
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