Guidance

Guidance to licensing authorities

The Gambling Commission's guidance for licensing authorities.

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Published
1 April 2021

Last updated
30 January 2024 - Changes

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Contents

• Guidance to licensing authorities

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• Changes to the Guidance for Licensing Authorities
• Part 1: General guidance on the role and responsibilities of licensing authorities in gambling regulation
• - Introduction
• - Partnership working between the Commission and licensing authorities – shared regulation
• - Co-ordination and contact
• - Primary legislation
• - Statutory aim to permit gambling
• - The licensing objectives
• - Codes of practice
• - Licensing authority discretion (s.153 of the Act)
• - Local risk assessments
• - Licensing authority policy statement
• - Limits on licensing authority discretion
• - Other powers
• Part 2: The licensing framework
• - Introduction
• - Operating licences
• - How operating licences are granted
• - Operating licence conditions and codes
• - Personal licences
• - Premises licences
• Part 3: The Gambling Commission
• - Introduction
• - Main functions of the Commission
• - Relationship between the Commission and licensing authorities
• Part 4: Licensing authorities
• - Introduction
• - Statutory framework
• - Licensing authority decisions
• Part 5: Principles to be applied by licensing authorities
• - Licensing objectives
• - Section 153 principles
• - Codes of practice
• - Good practice in regulation
• - Human Rights Act 1998
• - Other considerations
• Part 6: Licensing authority policy statement
• - Introduction
• - Fundamental principles
• - Form and content
• - Other matters to be considered
• - Local risk assessments
• - Local area profile
• - Declaration by licensing authority
• - Consultation
• - Reviewing and updating the policy statement
• - Advertisement and publication
• - Additional information to be made available
• Part 7: Premises licences
• - Introduction
• - Premises
• - Access to premises
• - Multiple activity premises – layout and access
• - Applications
• - Application for premises variation (s.187): ‘material change’
• - Consideration of planning permission and building regulations
• Part 8: Responsible authorities and interested parties definitions
• - Introduction
• - Responsible authorities
• - Interested parties
• Part 9: Premises licence conditions
• - Introduction
• - Conditions and authorisations by virtue of the Act
• - Conditions attached through regulations made by the Secretary of State or Scottish Ministers – all premises
• - Conditions that may not be attached to premises licences by licensing authorities
• Part 10: Review of premises licence by licensing authority
• - Introduction
• - Initiation of review by licensing authority
• - Application for a review
• - Carrying out a review
• Part 11: Provisional statements
• - Introduction
• Part 12: Rights of appeal and judicial review
• - Introduction
• - Giving reasons for decisions
• - Permits
• - Temporary use notices
• - Judicial review
• Part 13: Information exchange
• - Underlying principles
• - Information licensing authorities provide to the Commission
• - Other licensing authority information requirements
• Part 14: Temporary use notices
• - Introduction
• - Procedure
• - Appeals
• - Endorsement of the notice
• - Large events
• Part 15: Occasional use notices
• - Introduction
• - What constitutes a track
• - Use (and misuse) of OUNs
• - Procedure
• Part 16: Gaming machines
• - Introduction
• - Categories of gaming machine
• - Age restrictions
• - Maximum number of machines by premises type
• - Multiple activity premises
• - The meaning of ‘available for use’
• - Machines other than gaming machines in gambling premises
• Part 17: Casinos
• - Casino premises
• - Casino games
• - Protection of children and young persons
• - The process for issuing casino premises licences
• - Resolutions not to issue casino licences
• - Converted casinos (with preserved rights under Schedule 18 of the Act)
• - Casino premises licence conditions
• - Mandatory conditions – small casino premises licences
• - Mandatory conditions – converted casino premises licences
• - Default conditions attaching to all casino premises licences
• - Self-exclusion
• Part 18: Bingo
• - Introduction
• - Protection of children and young persons
• - Gaming machines
• - Self-exclusion
• - Bingo in clubs and alcohol-licensed premises
• - Bingo premises licence conditions
• Part 19: Betting premises
• - Introduction
• - Protection of children and young persons
• - Gaming machines
• - Self-exclusion
• - Self-service betting terminals (SSBTs)
• - Betting premises licence conditions
• - Industry codes
• Part 20: Tracks
• - Definition of a track
• - Track premises licences – differences from other premises licences
• - Betting on tracks
• - Licences and other permissions for the provision of betting facilities
• - Betting on event and non-event days
• - Social responsibility considerations for tracks
• - Gaming machines
• - Self-service betting terminals (SSBTs)
• - Applications
• - Licence conditions and requirements
• Part 21: Adult gaming centres
• - Introduction
• - Protection of children and young persons
• - Self-exclusion
• - Gaming machines
• - AGC premises licence conditions
• Part 22: Licensed family entertainment centres
• - Introduction
• - Protection of children and young persons
• - Meaning of premises
• - Licensed FEC premises licence conditions
• Part 23: Introduction to permits
• - Introduction
• Part 24: Unlicensed family entertainment centres
• - Introduction
• - Applying for a permit
• - Granting or refusing a permit
• - Lapse, surrender and forfeiture
• - Renewal
• - Maintenance
• Part 25: Clubs
• - Defining clubs
• - Bingo in clubs
• - Betting in clubs
• - Exempt gaming
• - Protection of children and young persons
• - Permits
• - Appeals
• Part 26: Premises licensed to sell alcohol
• - Introduction
• - Automatic entitlement to two machines
• - Licensed premises gaming machine permits
• - Exempt gaming
• - Bingo
• - Betting
• - Commission codes of practice
• - Scotland
• - Protection of children and young persons
• - Prohibited gaming
• Part 27: Prize gaming and prize gaming permits
• - Prize gaming
• - Application for a prize gaming permits
• Part 28: Non-commercial and private gaming, betting and lotteries
• - Introduction
• - Non-commercial gaming
• - Private gaming
• - Private betting
• - Incidental lotteries
• - Non-commercial ‘casino night’
• - Non-commercial race night
• Part 29: Poker
• - Introduction
• - Poker in casinos
• - Poker as exempt gaming in clubs and alcohol licensed premises
• - Poker as non-commercial gaming
• - Poker as private gaming
• - Advertising
• Part 30: Travelling fairs
• - Introduction
• Part 31: Crown immunity and excluded premises
• - Crown immunity and excluded premises
• Part 32: Territorial application of the Gambling Act 2005
• - Territorial application of the Gambling Act 2005
• Part 33: Door supervision
• - Door supervision
• Part 34: Small society lotteries
• - Small society lotteries
• - The status of lotteries under the Act
• - Licensing authority guidance
• - Social responsibility
• - External lottery managers’ licence status
• - Lottery tickets
• - Prizes
• - Specific offences in relation to lotteries
• - Application and registration process for small society lotteries
• - Administration and returns
• Part 35: Chain gift schemes
• - Introduction
• - Street collectors selling game cards
• Part 36: Compliance and enforcement matters
• - Fees
• - Enforcement officers and authorised persons
• - Powers of entry – England and Wales
• - Powers of entry in Scotland
• - Illegal gambling
• - Test purchasing and age verification
• - Primary Authority
• - Prosecutions
• - Other powers
• - Case law, templates and case studies
• Appendix A: Summary of machine provisions by premises
• Appendix B: Summary of gaming machine categories and entitlements
• Appendix C: Summary of gaming entitlements for clubs and alcohol-licensed premises
• Appendix D: Summary of offences under the Gambling Act 2005
• Appendix E: Summary of statutory application forms and notices
• Appendix F: Inspection powers
• Appendix G: Licensing authority delegations
• Appendix H: Poker games and prizes
• Appendix I: Glossary of terms

Appendix D: Summary of offences under the Gambling Act 2005

General offences regarding the provision of gambling facilities

General offences regarding the provision of gambling facilities

Offence	Under Gambling Act 2005
Providing gambling facilities in Great Britain without a relevant licence, permit, notice, or exemption included under the Act	S.33
Using premises to provide gambling facilities from, or causing them to be provided, without a relevant licence, permit, notice or exemption under the Act.	S.37

Offence regarding cheating at gambling

Offence regarding cheating at gambling

Offence	Under Gambling Act 2005
Cheating, attempting to cheat, or assisting another person to cheat at gambling	S.42

Offences committed towards or by under-18s

Offences committed towards or by under-18s

Offence	Under Gambling Act 2005
Inviting, causing or permitting a child (under 16) or young person (16 – 17) to gamble, with the exception of: private / non-commercial gaming and betting participating in lotteries participating in football pools using a category D gaming machine participating in equal chance gaming at premises subject of a prize gaming permit or a Family Entertainment Centre (FEC) premises licence participating in prize gaming at a fair or an unlicensed FEC This offence includes intentional distribution of advertising to under-18s where the intent is to encourage gambling. It is also an offence on the part of a young person to gamble with the exception of situations listed above.	S.47 S.49
Inviting, causing or permitting a child (under 16) or young person (16 – 17) to gamble, with the exception of: private / non-commercial gaming and betting participating in lotteries participating in football pools using a category D gaming machine participating in equal chance gaming at premises subject of a prize gaming permit or a Family Entertainment Centre (FEC) premises licence participating in prize gaming at a fair or an unlicensed FEC This offence includes intentional distribution of advertising to under-18s where the intent is to encourage gambling. It is also an offence on the part of a young person to gamble with the exception of situations listed above.	S.47 S.49
Young person providing facilities for gambling, with the exception of: private / non-commercial gaming and betting a lottery football pools prize gaming at a travelling fair.	S.50
Employing a child or young person to provide gambling facilities, with the exception of providing the following facilities: private / non-commercial gaming and betting prize gaming at a travelling fair. Employing a child to provide facilities in connection with: a lottery football pools.	S.51 S.52
Employing a child for any purposes when bingo is provided, or gambling provided in accordance with a club gaming permit or club machine permit.	S.53
Employing a child or young person to perform any function connected to a gaming machine. It is also an offence on the part of a young person if they are employed in such a role	S.54
Employing a child or young person in a casino, an adult gaming centre, or at a betting premises, unless it is at a time when no activity is being carried on in reliance on the premises licence. It is also an offence on the part of a young person if they are employed in such a role.	S.55
Inviting, causing or permitting a child to take part in football pools or a lottery with the exception of: an incidental lottery a private lottery part of the National Lottery.	Sections 56 and 57
Failure to comply with an operating licence condition to return stake to a child or young person.	S.58

Offences connected to operating licenses

Offences connected to operating licenses

Offence	Under Gambling Act 2005
Failure to comply with an operating licence condition to return stake to a child or young person	S.58
Failing without reasonable excuse to notify the Commission of change in circumstances	S.101
Licensee failing without reasonable excuse to produce their operating licence when requested by a police officer or enforcement officer	S.108
Licensee failing to notify the Commission without reasonable excuse and as soon as reasonably practicable about conviction of an offence	S.109
Licensee failing to notify the court upon conviction of a relevant offence that they are an operating licence holder	S.109
Licensee failing without reasonable excuse to produce records for the Commission relating to operating licensed activities or information about licensed activities	S.122
Operating licence holder fails without reasonable excuse to produce the authorisation they have given to someone to accept bets on their behalf, when asked to do so by a police officer or enforcement officer. This offence can also apply to the person that has been authorised to accept bets.	S.316

Offences connected to personal licences

Offences connected to personal licences

Offence	Under Gambling Act 2005
Failure without reasonable excuse to produce a personal licence to a police officer or enforcement officer	S.134
Licensee failing to notify the Commission as soon as reasonably practicable about a conviction of offence	S.138
Licensee failing to act within the terms and conditions of their licence	S.139

General offences connected to all premises licences

General offences connected to all premises licences

Offence	Under Gambling Act 2005
Licensee failing without reasonable excuse to keep premises licence on premises and make available for inspection to a police officer, enforcement officer or authorised person	S.185
Licensee failing to notify without reasonable excuse the licensing authority about change of residential address or other details on the licence	S.186

Offences connected to temporary use notices

Offences connected to temporary use notices

Offence	Under Gambling Act 2005
Failure of premises licence holder to without reasonable excuse prominently display or make available their temporary use notice to a police officer, customs and excise officer, enforcement officer or licensing authority officer	S.229

Offences connected to lotteries

Offences connected to lotteries

Offence	Under Gambling Act 2005
Making a gaming machine available for use without a relevant licence or permit, or in contravention of regulations made under s.240 of the Act (SI No 2007/2319)	S.242
Manufacturing, supplying, installing, adapting, maintaining, or repairing a gaming machine without a suitable operating licence, unless: the gaming machine is scrap with no commercial value the gaming machine is incidental to the sale/letting of previously licensed property.	S.243
Supplying, installing, adapting, maintaining or repairing a gaming machine (or part of) without complying with regulations made under s.241 of the Act (SI: No. 2007/2320), unless the gaming machine is scrap with no commercial value the gaming machine is incidental to the sale/letting of previously licensed property.	S.243
Supplying, installing or making available for use a gaming machine allowing payment by credit card	S.245

Offences connected to lotteries

The offences listed here do not apply to lotteries or products forming part of the National Lottery, which are dealt with under the National Lottery etc. Act 1998 (opens in new tab) rather than the Gambling Act 2005 (opens in new tab). Police enquiries regarding offences connected to the National Lottery should be directed to the Commission.

Offences connected to lotteries

Offence	Under Gambling Act 2005
Promoting a non-exempt lottery without a suitable operating licence or on behalf of someone with a suitable operating licence	S.258
Facilitating a non-exempt lottery without holding a suitable operating licence (where facilitating includes functions such as advertising and printing tickets and promotional materials)	S.259
Misusing profits from a lottery, that is, using them or causing them to be used for purposes other than the advertised purpose of the lottery	S.260
Misusing profits from an incidental lottery, a private society lottery, a work lottery, a residents’ lottery or a small society lottery	S.261
A non-commercial society promoting a lottery without being registered with a licensing authority, or failing to provide the licensing authority with returns (or providing false returns) following a small society lottery	S.261

Offence connected to bingo played in clubs and institutes

Offence connected to bingo played in clubs and institutes

Offence	Under Gambling Act 2005
Failing without reasonable excuse to inform the Commission of periods of high turnover bingo if the club or institute does not hold an operating licence (high turnover bingo being where the stakes or prizes of all games of bingo played in a seven day period exceed £2,000)	S.275

Offence connected to use of proceeds from gaming at non-commercial events

Offence connected to use of proceeds from gaming at non-commercial events

Offence	Under Gambling Act 2005
Using the profits (or permitting them to be used) from non-commercial prize gaming or equal chance gaming for a purpose other than that specified as the fund-raising purpose of the gaming	S.301

Offence connected to casino premises licences

Offence connected to casino premises licences

Offence	Under Gambling Act 2005
Failure on the part of the casino premises licence holder to produce upon demand (by a police officer or enforcement officer) the authorisation they have given to someone to provide bingo or betting facilities at the casino in question. This offence can also be committed by the individual or organisation authorised by the casino premises licence holder if they fail to produce the authorisation	S.316

Offence of obstructing or failing to co-operate during an inspection

Offence of obstructing or failing to co-operate during an inspection

Offence	Under Gambling Act 2005
Obstructing or failing to cooperate without reasonable excuse with a police officer, enforcement officer or authorised person carrying out inspection activity under Part 15 of the Act	S.326

Offence of providing false or misleading information

Offence of providing false or misleading information

Offence	Under Gambling Act 2005
Providing false or misleading information to the Commission or a licensing authority regarding any provision of the Act	S.342

Offences connected to advertising of gambling facilities

Offences connected to advertising of gambling facilities

Offence	Under Gambling Act 2005
Contravention of any regulations relating to gambling advertising. (Please note, the Secretary of State for Culture, Media and Sport has chosen not to exercise their reserve powers to make such secondary legislation at this time)	S.328
Knowingly advertising unlawful gambling without reasonable belief otherwise	S.330
Advertising foreign gambling facilities other than lotteries (in accordance with regulations SI: 2007/2329)	S.331

Offence of failing to comply with a forfeiture order

Offence of failing to comply with a forfeiture order

Offence	Under Gambling Act 2005
Failure to comply with a court’s forfeiture order to surrender named materials to a police officer, or co-operate with steps to comply with the order	S.345

Offence connected to unlicensed family entertainment centres

Offence connected to unlicensed family entertainment centres

Offence	Under Gambling Act 2005
Occupier of premises failing without reasonable excuse to produce their family entertainment centre gaming machine permit for a police officer, enforcement officer or authorised officer	Schedule 10(20)

Offences connected to club gaming and club machine permits

Offences connected to club gaming and club machine permits

Offence	Under Gambling Act 2005
Failing without reasonable excuse to produce a club gaming permit or club machine permit for a police officer or enforcement officer	Schedule 12(13)
Failure without reasonable excuse to have club gaming or club machine permits varied by the licensing authority as soon as practicable upon a change of circumstances	Schedule 12(15)

Offence connected to alcohol licensed premises gaming machine permits

Offence connected to alcohol licensed premises gaming machine permits

Offence	Under Gambling Act 2005
Failure without reasonable excuse to produce a licensed premises gaming machine permit upon the request of a police officer, enforcement officer or authorised person	Schedule 13(10)

Offence connected to prize gaming permits

Offence connected to prize gaming permits

Offence	Under Gambling Act 2005
Failure without reasonable excuse to produce a prize gaming permit upon the request of a police officer, enforcement officer or authorised person	Schedule 14(20)

Offence connected to gambling software

Offence connected to gambling software

Offence	Under Gambling Act 2005
Manufacturing, supplying, installing or adapting gambling software without holding a relevant operating licence	S.41

Offence connected to chain-gift schemes

Offence connected to chain-gift schemes

Offence	Under Gambling Act 2005
Inviting another person to join chain-gift schemes or participating in the promotion of chain-gift schemes	S.43

Previous section
Appendix C: Summary of gaming entitlements for clubs and alcohol-licensed premises Next section
Appendix E: Summary of statutory application forms and notices

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Last updated: 30 January 2024

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