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
- 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
- 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
- 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
- Part 12: Rights of appeal and 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
- Part 15: Occasional use notices
- 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
- 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
- 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
- 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
- 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
- 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
2 - Information licensing authorities provide to the Commission
13.3. S.29 of the Act entitles the Commission to seek information from licensing authorities, and places an obligation on authorities to comply with its information requests, providing the information is:
- part of a register maintained by the licensing authority
- in the licensing authority’s possession in connection with a provision of the Act.
Premises data
13.4. The Act requires licensing authorities to maintain data on premises licences. As part of the application process for a premises licence, applicants will forward notice of the application to the Commission, and licensing authorities should subsequently notify the Commission of the outcome of each application, whether it is granted or refused. The Act also requires licensing authorities to notify the Commission of other matters such as when a licence has lapsed or been surrendered, and the cancellation of certain permits and registrations. Under s.29 of the Act, the Commission has identified further information requirements that it is necessary for licensing authorities to provide, which form part of the licensing authority return.
13.5. It is important that the Commission’s national data set for premises licences is accurate, as it is used for conducting national compliance work. Accuracy also reduces the need for the Commission to request ad hoc information on particular premises from licensing authorities, which is time consuming and resource intensive. The Commission will ask licensing authorities to periodically review the premises register to ensure it is up-to-date.
13.6. The Commission may make observations and representations on the suitability of the applicant for a premises licence or any other aspect of the application. In such cases, the Commission and licensing authority will discuss matters pertaining to the application and the appropriate action to take. More information on the Commission’s role as a responsible authority and its involvement in individual premises licence applications is given in Part 8 of this guidance.
13.7. If, during the course of considering a premises licence application, or at any other time, the licensing authority receives information that causes it to question the suitability of the applicant to hold an operating licence, these concerns should be brought to the attention of the Commission without delay.
Returns
13.8. All licensing authorities are required to submit returns to the Commission on an annual basis, providing information on licensed gambling activity and details of compliance and regulatory work undertaken. This includes details of permits and notices issued, premises inspections conducted, and reasons for and outcome of licence reviews. The fees that are charged by licensing authorities are intended to cover the costs of administration which includes the costs of collecting, maintaining and providing data.
13.9. The annual return is included in the Single Data List that has been issued by the UK Government. The List is a catalogue of all the data sets that local government must submit in any given year to central government and such organisations as the Commission.
13.10. The returns are an important source of information and can assist both the Commission and licensing authorities in improving their work as risk-based regulators. The returns provide the Commission with details of licensing authority compliance and regulatory work. The Commission analyses and publishes a licensing authority statistics report (opens in new tab) each year which helps identify risks and prioritise work.
13.11. The Commission will minimise the burden imposed on licensing authorities by keeping its data requests to an absolute minimum. The data requirements will be kept under review to ensure that any data requests have a clear and valid regulatory purpose.
13.12. It is essential that licensing authorities ensure that all returns are completed and submitted to the Commission in a timely manner. The Commission would expect the licensing authority to notify it in the event that it is unable to meet a submission deadline. Failure on behalf of a licensing authority to submit the required information could lead to the escalation of the matter with senior personnel in the licensing authority including the Head of Service and Chief Executive.
Summary of information requirements
Licensing function | Event requiring information to be sent to Commission |
---|---|
Premises licences and provisional statements |
|
Club permits | A club permit application has been granted / rejected |
Small society lottery registration |
|
Issue of permits and temporary permissions | Licensing authority returns |
Inspections and reviews | Licensing authority returns |
Underlying principles Next section
Other licensing authority information requirements
Last updated: 20 March 2024
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