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

6 - The meaning of ‘available for use’

16.16. S.242 of the Act makes it an offence for a person to make a gaming machine available for use, where they do not hold an operating licence or other permission covering gaming machines and where no other exemption applies.

16.17. The Act does not define what ‘available for use’ means, but the Commission considers that a gaming machine is ‘available for use’ if a person can take steps to play it without the assistance of the operator.

16.18. More than the permitted number of machines may be physically located on a premises but the onus is on licensees to demonstrate that no more than the permitted number are ‘available for use’ at any one time.

16.19. A machine that can operate at more than one category, which is operating at a lower category, does not contribute to the number of machines ‘available for use’ at a higher category until it switches to that category. Licensees must ensure no more than the permitted number are ‘available for use’ at any one time.

16.20. Systems in which a number of machines are networked so that the player can select which game and category they play are permitted but licensees must still adhere to any restrictions on the number of machines at a certain category.

16.21. Gaming machine entitlements in AGC or bingo premises set out that only 20% of machines can be category B machines in order to ensure a balanced offering of gambling products and restrict harder gambling opportunities.

16.22. Machine design has changed in recent years and space-saving gaming machines - in the form of tablets, multi-player units and narrow/in-fill machines - have become available. Some of these machines appear to have been designed primarily to maximise category B machine entitlements.

16.23. We updated our ‘available for use’ guidance¹¹ in 2019 to make it clear that for the purpose of calculating the category B machine entitlement in gambling premises, gaming machines should only be counted if they can be played simultaneously by different players without physical hindrance. For example, the Commission would consider that a multi-position machine that technically allows two or more players to play simultaneously but in reality requires those players to stand very closely together or adopt unnatural participation positions, to the effect that a second player would be discouraged from attempting to use the machine, could not be classed as two or more machines.

16.24. In relation to tablets, licensees should ensure that there is sufficient floorspace in the premises to permit counted tablets to be used simultaneously.

16.25. Electronic Bingo Terminals (EBTs) that offer gaming machine content in addition to bingo content are gaming machines and subject to adherence with the above principles. Licensees are reminded however that an EBT must only allow participation in one gambling activity at a time and should not therefore contain functionality which allows participation in bingo and gaming machine activity simultaneously.

16.26. We have published our ‘available for use’ guidance¹² on the Commission website, and provided additional information specifically in relation to when is a gaming machine 'available for use' in AGC or bingo premises under the 20% regulations.

References

¹¹ When a machine is 'available for use'

¹² When a machine is 'available for use'

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Multiple activity premises Next section
Machines other than gaming machines in gambling premises

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Last updated: 19 April 2023

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