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 - Good practice in regulation
5.27. Under the Legislative and Regulatory Reform Act 2006 (opens in new tab), any person exercising a specified regulatory function has a legal duty to have regard to the statutory principles of good regulation in the exercise of the function (Legislative and Regulatory Reform Act 2006 (opens in new tab), section 21). These provide that regulatory activities should be carried out in a way which is transparent, accountable, proportionate, and consistent and should be targeted only at cases in which action is needed. The Commission has regard to these principles in relation to its responsibilities and also has regard to the requirements of the Regulators’ Code (previously the Regulators’ Compliance Code), Department of Business, Innovation and Skills5, 2014, issued under section 23 of the Legislative and Regulatory Reform Act 2006 (opens in new tab). The purpose of the Code is to promote efficient and effective approaches to regulatory inspection and enforcement which improve regulatory outcomes without imposing unnecessary burdens on business.
5.28. The statutory principles of good regulation and the Code also apply to local authorities, who are under a statutory duty to have regard to them when fulfilling their regulatory functions under the Act. The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (opens in new tab), was amended by the Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009 (opens in new tab), which, amongst other things, extended the application of the 2007 Order to local authorities in Wales and Scotland exercising regulatory functions under the Gambling Act 2005 (opens in new tab) - see Part 3 of this guidance and Part 7 of this guidance.
5.29. Guidance produced by Regulatory Delivery now replaced by the Office of Product Safety and Standards seeks to assist local authorities in interpreting the requirements of the Regulator’s Code for example in delivering risk-based regulation in relation to age restrictions.
Age-restricted products and services framework6 sets out an agreed set of shared responsibilities and reasonable expectations for young people, their parents and carers, businesses, employees and regulators with regards to access to age restricted products and services. The document forms the foundations of the Age-restricted products and services: a code of practice for regulatory delivery7.
References
5 Now the Department for Business, Energy and Industrial Strategy
6 Age-restricted products and services framework (opens in new tab)
7 Age-restricted products and services: a code of practice for regulatory delivery (opens in new tab)
Codes of practice Next section
Human Rights Act 1998
Last updated: 14 September 2023
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