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Guidance to licensing authorities

The Gambling Commission's guidance for licensing authorities.


11 - Limits on licensing authority discretion

1.36. Licensing authorities are subject to some specific constraints in exercising their functions. As set out at paragraph 1.25, s.153 of the Act provides that licensing authorities shall aim to permit the use of premises for gambling in so far as they think it in accordance with the principles set out in s.153(a) to (d).

1.37. Therefore, a licensing authority has no discretion to grant a premises licence where that would mean taking a course which it did not think accorded with the Guidance contained in this document, any relevant Commission code of practice, the licensing objectives or the licensing authority’s own policy statement.

1.38. In addition, the Act makes specific reference to factors that must not be considered by a licensing authority in exercising its functions under s.153:

  • the expected demand for facilities (s.153(2))
  • whether the application is to be permitted in accordance with law relating to planning or building (s.153(1)).
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