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

1 - Prize gaming

27.1. S.288 defines gaming as prize gaming if the nature and size of the prize is not determined by the number of people playing or the amount paid for or raised by the gaming. Normally the prizes are determined by the operator before play commences.

Prize gaming permits

27.2. A prize gaming permit is a permit issued by the licensing authority to authorise the provision of facilities for gaming with prizes on specified premises.

Prize gaming without a prize gaming permit

27.3. A casino operating licence gives authority to provide all games of chance, except any form of bingo, which is excluded from the scope of the casino licence by s.68(3)(b). If a casino wishes to provide bingo generally, it would need to obtain a bingo operating licence, however, this is subject to the constraint that only one premises licence may be issued for any particular premises at any time (s.152) and so the premises would have to be distinct. Only casino premises licences for 2005 Act large casinos permit bingo to be offered within the casino premises (s.174). If a casino wishes to offer prize bingo, it could obtain a prize gaming permit, however, it is more likely that the casino will apply for an operating licence to cover all forms of bingo (subject to the constraint already mentioned).

27.4. S.291 enables any form of prize gaming to be provided in premises in reliance on their bingo operating licence. This provision allows bingo operators to provide prize gaming in respect of casino games as well as games of equal chance, which they would not otherwise be able to do under the conditions of their operating licence. In the case of bingo operators, the Commission or Secretary of State could impose conditions preventing specified games from being offered. Additionally, limits have been set on individual and aggregated stakes and prizes for prize gaming in bingo premises, the purpose of which is to ensure that such gaming is restricted to low stakes (SI No 2257/2007: The Gambling Act 2005 (Operating Licence Conditions) Regulations 2007 (opens in new tab) and SI No 774/2010: The Gambling Act 2005 (Operating Licence Conditions) (Amendment) Regulations 2010) (opens in new tab).

27.5. S.290 provides that any type of prize gaming may be provided in adult gaming centres (AGCs) and licensed family entertainment centres (FECs), and that unlicensed FECs may only offer equal chance prize gaming under the auspices of their gaming machine permit, without the need for a prize gaming permit.

27.6. S.292 provides that travelling fairs are also able to offer equal chance prize gaming without a permit, provided that, taken together, the facilities for gambling are an ancillary amusement at the fair.

27.7. Children and young persons may participate in equal chance prize gaming only.

27.8. S.293 sets out four conditions that permit holders, AGCs, FECs and travelling fairs must comply with to lawfully offer prize gaming. These are:

• the limits on participation fees, as set out in regulations (SI No 1272/2009: The Gambling Act 2005 (Limits on Prize Gaming) Regulations 2009) (opens in new tab), must be complied with
• all chances to participate in the gaming must be allocated on the premises on which the gaming is taking place and on one day; the game must be played and completed on the day the chances are allocated; and the result of the game must be made public in the premises on the day that it is played
• the prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary prize)
• participation in the gaming must not entitle the player to take part in any other gambling.

Next section
Application for a prize gaming permits

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Last updated: 19 April 2023

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