Guidance

Guidance to licensing authorities

Our guidance for licensing authorities.

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Published
1 April 2021

Last updated
13 May 2021

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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 E: Summary of statutory application forms and notices

These forms are available in the forms section of the website.

List of prescribed forms

Application

Application for a premises licence under the Gambling Act 2005 (standard form)
Application for a premises licence under the Gambling Act 2005 (vessel)
Notice of application for a premises licence under the Gambling Act 2005 (to be published)
Notice of application for a premises licence (Form A) (for responsible authorities)
Notice of application for a premises licence (Form B) (for responsible authorities)
Summary of the Terms and Conditions of a premises licence
Premises licence
Notice of a grant of an application for a premises licence
Annex A – form to accompany notice of grant (conditions to be attached)
Annex B – form to accompany notice of grant (conditions to be excluded)
Annex C – form to accompany notice of grant (representations)
Notice of rejection of an application for a premises licence

Variation

Application to vary a premises licence under the Gambling Act 2005
Notice of Application to vary a premises licence under the Gambling Act 2005 (to be published)
Notice of Application to vary a premises licence (Form A) (for responsible authorities)
Notice of Application to vary a premises licence (Form B) (for responsible authorities)
Notice of grant of an application to vary a premises licence
Annex A – form to accompany notice of grant (conditions to be attached)
Annex B – form to accompany notice of grant (conditions to be excluded)
Annex C – form to accompany notice of grant (representations)
Notice of rejection of an application to vary a premises licence

Review

Application for a review of a premises licence under the Gambling Act 2005
Notice of application for a review of a premises licence under the Gambling Act 2005
Notice of application for a review of a premises licence (to the premises licence holder and responsible authorities)
Notice of intention to hold a review of a premises licence under the Gambling Act 2005
Notice of intention to hold a review of a premises licence (to the premises licence holder)
Notice of the decision on a review of a premises licence

Provisional

Application for a provisional statement under the Gambling Act 2005 (standard form)
Notice of application for a provisional statement under the Gambling Act 2005
Application for a provisional statement under the Gambling Act 2005 (vessel)
Notice of application for a provisional statement (Form A) (for responsible authorities)
Notice of application for a provisional statement (Form B) (for responsible authorities)
Provisional statement
Notice of grant of an application for a provisional statement
Annex A – form to accompany notice of grant (conditions to be attached)
Annex B – form to accompany notice of grant (conditions to be excluded)
Annex C – form to accompany notice of grant (representations)
Notice of rejection of an application for a provisional statement

Transfer

Application to transfer a premises licence under the Gambling Act 2005
Notice of application to transfer a premises licence (Form A ) (for responsible authorities)
Notice of application to transfer a premises licence (Form B ) (for responsible authorities)
Summary of terms and conditions of a premise licence
Premises Licence
Notice of grant of an application to transfer a premises licence
Annex A – form to accompany notice of grant (conditions to be attached)
Annex B – form to accompany notice of grant (conditions to be excluded)
Annex C – form to accompany notice of grant (representations)
Notice of rejection of an application to transfer a premises licence

Reinstatement

Application for the reinstatement of a premises licence under the Gambling Act 2005
Notice of application of the reinstatement of a premises licence (Form A)
Notice of application of the reinstatement of a premises licence (Form B)
Summary of terms and conditions of a premise licence
Premises Licence
Notice of grant of an application for the reinstatement of a premises licence
Annex A – form to accompany notice of grant (conditions to be attached)
Annex B – form to accompany notice of grant (conditions to be excluded)
Annex C – form to accompany notice of grant (representations)
Notice of the rejection of an application for the reinstatement of a premises licence

Temporary Use Notices

Gambling Act 2005 – Temporary Use Notice (for premises other than vessels)
Gambling Act 2005 – Temporary Use Notice (vessel)
Counter Notice (given in response to a temporary use notice)

Permits /lottery

Application Form for Club Gaming Permit or Club Machine Permit
Registration of Small Society Lotteries (Application form for registration of non commercial society)
Club Gaming Permit
Club Machine Permit
Prize Gaming Permit
Family Entertainment Centre Gaming Machine Permit
Licensed Premises Gaming Machine Permit

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Appendix D: Summary of offences under the Gambling Act 2005 Next section
Appendix F: Inspection powers