Guidance
Guidance to licensing authorities
The Gambling Commission's guidance for licensing authorities.
Contents
- Changes to the Guidance for Licensing Authorities
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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
- Part 3: The Gambling Commission
- Part 4: Licensing authorities
- Part 5: Principles to be applied by licensing authorities
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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
- Part 8: Responsible authorities and interested parties definitions
- Part 9: Premises licence conditions
- Part 10: Review of premises licence by licensing authority
- Part 11: Provisional statements
- Part 12: Rights of appeal and judicial review
- Part 13: Information exchange
- Part 14: Temporary use notices
- Part 15: Occasional use notices
- Part 16: Gaming machines
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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
- Part 19: Betting premises
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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
- Part 22: Licensed family entertainment centres
- Part 23: Introduction to permits
- Part 24: Unlicensed family entertainment centres
- Part 25: Clubs
- Part 26: Premises licensed to sell alcohol
- Part 27: Prize gaming and prize gaming permits
- Part 28: Non-commercial and private gaming, betting and lotteries
- Part 29: Poker
- Part 30: Travelling fairs
- Part 31: Crown immunity and excluded premises
- Part 32: Territorial application of the Gambling Act 2005
- Part 33: Door supervision
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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
- Part 36: Compliance and enforcement matters
- 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
4 - Endorsement of the notice
14.23. If no objections are made within 14 days of the date of the notice, the licensing authority must endorse the notice as valid and return it to the person who gave it. If the endorsed copy of the notice is lost, stolen or damaged, the person who gave the notice may request a new endorsed copy from the licensing authority, subject to the payment of a fee.
14.24. S.228 of the Act sets a time limit for the completion of all proceedings on TUN of 6 weeks beginning with the date on which the TUN is received. This includes considering whether to give a notice of objection, holding a hearing if necessary, giving a counter-notice, or giving a notice of determination.
14.25. The person who gives a TUN may notify the licensing authority that it is withdrawn at any time up to and during the time it has effect. In those circumstances the notice will have no effect, and any unlapsed period of time will not count towards the 21-day maximum for a TUN having effect on the premises.
Displaying the notice
14.26. While the gambling is taking place, a copy of the TUN must be displayed prominently on the premises. It is an offence not to produce the notice endorsed by the licensing authority when requested to do so by a constable, an officer of HM Revenue & Customs (opens in new tab), an enforcement officer, or an authorised local authority officer.
Maximum period
14.27. If the premises have been the subject of one or more TUN for more than a total of 21 days in the past 12 months, the licensing authority must issue a counter-notice that has the effect of stopping the TUN coming into effect. The format of counter notices are prescribed by either the Secretary of State or Scottish Ministers (SI 2007/3157: Gambling Act 2005 (Temporary Use Notices) Regulations 2007 (opens in new tab)). Failure to comply with the counter-notice will be an offence. A licensing authority may issue a counter-notice which limits the number of days that the TUN comes into effect, bringing it within the 21-day limit. Such counter-notices require consultation with the applicant to ensure that the restrictions they impose do not result in an unworkable event.
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Last updated: 14 September 2023
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