Guidance
Guidance to licensing authorities
The Gambling Commission's guidance for licensing authorities.
Contents
- Changes to the Guidance for Licensing Authorities
- Part 1: General guidance on the role and responsibilities of licensing authorities in gambling regulation
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- 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
- Part 6: Licensing authority policy statement
- 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
- Part 17: Casinos
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- 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
- Part 20: Tracks
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- 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
- Part 34: Small society lotteries
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- 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
1 - Delegated Financial Limits
All delegations are subject to the requirement that spending proposals falling within Managing Public Money Annex 2.2, box A.2.2C should be referred to DCMS (opens in new tab). These are:
- items which are novel, contentious or repercussive, even if within delegated limits
- items which could exceed the agreed budget and Estimate limits
- contractual commitments to significant spending in future years for which plans have not been set
- items requiring primary legislation (e.g. to write off NLF debt or PDC)
- any item which could set a potentially expensive precedent
- where Treasury consent is a specific requirement of legislation.
Unlimited (unless otherwise specified)
1.1. Capital Expenditure
Up to £1.5 million
Expenditure on new construction, land, extensions of, and alterations to, existing buildings and the purchase of any other fixed assets (for example machinery, plant, and vehicles), art works and additions to the collection with an expected working life of more than one year. Also includes exchanges of fixed assets.
Treasury approval required
Expenditure on the signing of new leases, renewals of existing leases, the non-exercise of lease break options, any new property acquisitions (including those made through a Public Finance Initiative Provider), new build developments, sale and leaseback, and any freehold sales as part of national property controls.
1.2. Single Tender Contracts
The delegation for single tender contracts is set at £50,000 for each contract. Proposals for awarding single tender contracts outside this delegated limit must have the prior approval of DCMS before any contract is awarded.
1.3. Gifts
Gifts received by the Gambling Commission up to £1,000
In a financial year, any one gift or total of gifts by the Gambling Commission:
- to one person/organisation
- to staff. Gifts to staff are also subject to the following Cabinet Office guidance (opens in new tab).
Proposals for making gifts outside this delegated limit must have the prior approval of DCMS. The Gambling Commission must keep a record of gifts given. Details of gifts to one person/organisation should be noted in the annual accounts if, individually or collectively, they exceed £1,000.
1.4. Fraud
No delegation. All cases of attempted, suspected or proven fraud, irrespective of the amount involved, must be reported by the Gambling Commission to the Department as soon as it is discovered.
1.5. Non-Statutory Contingent Liabilities
Up to £1OO,OOO.
1.6. Losses and Special Payments
The write-off of losses or approval of special payments should only be carried out by staff authorised to do so by and on behalf of the Gambling Commission Accounting Officer. The Gambling Commission should consult DCMS where cases:
- involve important questions of principle
- raise doubts about the effectiveness of existing systems
- contain lessons which might be of wider interest
- are novel or contentious
- might create a precedent for other departments in similar circumstances
- arise because of obscure or ambiguous instructions issued centrally.
1.6.1. Classification of Losses
Type | Description | Delegation |
---|---|---|
A. | Losses | |
(i) | Cash losses: physical losses of cash and its equivalents (for example, banknotes, credit cards, electronic transfers, payable orders) | £10,000 |
(ii) | Bookkeeping losses:
|
£100,000 |
(iii) | Exchange rate fluctuations: losses due to fluctuations in exchange rates or revaluations of currencies. | £100,000 |
(iv) |
|
£10,000 |
(v) | Losses arising from overpayments of social security benefits, grant, subsidies, etc. arising from miscalculation, misinterpretation or missing information. | £10,000 |
(vi) | Losses arising from failure to make adequate charges for the use of public property or services. | £10,000 |
B. | Stock write offs and impairments: the accounting loss incurred as a result of the reduction of the holding value of stock or inventory to an impaired or nil fair value in accordance with the relevant accounting principles. | £1,000,000 |
C. | Losses of accountable stores: | |
(i) | because of proven or suspected fraud, theft, arson or sabotage, or any other deliberate act (including repairable damage caused maliciously to buildings, stores, etc. even where a legal claim is not possible). | £10,000 |
(ii) | losses arising from other causes. | £10,000 |
D. | Fruitless payments and constructive losses | £10,000 |
E. | Claims waived or abandoned | £10,000 |
A record of losses should be maintained and if the total of losses or special payments in the year exceeds £300,000, the annual accounts should include a statement, with any individual losses and special payments exceeding £300,000 specifically identified.
1.6.2. Special Payments
Special severance payments:There is no delegation for special severance payments (payments made to the employee outside their statutory or contractual entitlement upon termination of their employment contract). Each payment, regardless of value will require HM Treasury approval before an offer can be made.
Redundancy payments:All redundancy payments outside contractual terms, require DCMS and Cabinet Office permission in all cases.
Type | Special payments description | Delegation |
---|---|---|
(i) | Extra-contractual and ex gratia payments to contractors | £10,000 |
(ii) | Other ex gratia payments | £10,000 |
(iii) | Compensation payments | £10,000 |
(iv) | Extra-statutory and extra-regulatory payments | £10,000 |
(v) | Consolatory payments: a special payment to address an inconvenience or hardship to a third party, arising from administrative failures for example, where the organisation has not acted properly or provided a poor service. These can include: wrong advice, discourtesy, mistakes and delays | £500 |
1.6.3. Disposal of Assets and Income Projections
Unlimited subject to the Gambling Commission taking professional advice when disposing of land and property assets, and taking account of the protocol set out in the Managing Public Money Asset Management.
All assets disposals, regardless of value, should be notified to DCMS through the routine monthly financial reporting processes.
The Gambling Commission must also notify DCMS as soon as it is aware that the aggregate annual total of receipts is likely to exceed the amounts below notified to the Department at the Spending Review.
Year | Income projection |
---|---|
2016/17 | £18,800,000 |
2017/18 | £18,500,000 |
2018/19 | £18,300,000 |
2019/20 | £18,100,000 |
Last updated: 19 July 2023
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