Guidance

Guidance to licensing authorities

The Gambling Commission's guidance for licensing authorities.

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Published
1 April 2021

Last updated
19 April 2023 - 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

5 - Judicial review

12.34. Any party to a decision may apply for judicial review if they believe that the decision taken by the licensing authority is:

• illegal – that is beyond the powers available to the licensing authority
• subject to procedural impropriety or unfairness – which is a failure in the process of reaching the decision, such as not observing the rules of natural justice
• irrational – where a decision is so unreasonable that no sensible person could have reached it (in effect, ‘perverse’ or ‘Wednesbury’ unreasonable).

12.35. For an application to succeed, the application must show that:

• the applicant has sufficient standing to make that claim
• the actions of the reviewed licensing authority give grounds for review.

However the remedy is a discretionary one and the Court may decline judicial review if, for example, it considers that the applicant has an alternative remedy which is more appropriate to pursue, such as a right of appeal, or has a private law claim against the defendant.

12.36. The applicant can ask the Court to grant a number of orders. A mandatory order compels the reviewed body to do something; a prohibitory order compels it to refrain from doing something; a ‘declaration’ sets out the court’s view on the legality of a particular course of action; and a quashing order nullifies a decision and remits it for reconsideration. In addition, the applicant can seek an injunction (interdict in Scotland) which is, in practice, similar to a mandatory or a prohibitory order.

Previous section
Temporary use notices

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Last updated: 19 April 2023

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