Guidance

Guidance to licensing authorities

The Gambling Commission's guidance for licensing authorities.

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Published
1 April 2021

Last updated
14 September 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

6 - Non-commercial ‘casino night’

28.19. A non-commercial casino night is an event where participants stake money on casino-style games, such as poker or roulette, at a non-commercial event, where none of the money the organisers raise from the event is used for private gain.

28.20. Apart from reasonable costs, proceeds (including any entrance fees, sponsorship, the difference between stakes placed and pay-out made):

• must not be used for private gain
• must all be given to a good cause.

Reasonable costs would include costs incurred by providing the prizes. If third parties are selling goods or services at the event, this does not count as money raised for the charity or good cause and can be retained by that third party.

28.21. A non-commercial casino night can be run without a licence, or any other form of permission, providing the operation of the gaming falls into one of the three categories discussed below.

28.22. Organisers should note that, under the Act, it is illegal to organise a commercial casino night outside of a licensed casino. However an application can be made for a temporary use notice (TUN) in respect of other premises to offer gaming on a commercial basis, so far as the appropriate operating licence covers the proposed activities in the application, but then only in respect of equal chance gaming organised on a tournament basis with a single overall winner (SI No 3157/2007: The Gambling Act 2005 (Temporary Use Notices) Regulations 2007) (opens in new tab). There can, however, be more than one competition with a single winner held at the individual event covered by a specific TUN.

Casino night as non-commercial prize gaming

28.23. Casino nights can be held as non-commercial prize gaming¹⁹. The players must be told what good cause will benefit from the profits of the gaming before placing a bet. The prizes must be advertised in advance and must not depend on the number of people playing or the stakes raised. In non-commercial prize gaming, the casino gaming determines the individual winner or winners, for example by counting who has the most casino chips at a set time. The winners are then awarded the prizes that have been advertised in advance.

Casino night as non-commercial equal chance gaming

28.24. Casino nights can also be run as non-commercial equal chance gaming²⁰, where the chances are equally favourable to all participants and players are not competing against a bank. In non-commercial equal chance gaming, the charitable funds are usually raised through an entrance fee, participation fee, or through other payments related to the gaming. The maximum amount that a player may be charged is £8 per day which includes entrance or participation fees, stakes and any other payments in relation to the gaming. Organisers must ensure that the total amount paid out in prizes remains below £600 in total across all players. However, where an event is the final one of a series in which all of the players have previously taken part, a higher prize fund of up to £900 is allowed.

Casino night as private gaming

28.25. A casino night may also be run under the private gaming provisions in the Act. Private gaming may only occur in a place to which the public does not have access, normally a private dwelling, hostel, hall of residence or similar establishment. No charge may be made for participation in private gaming including an entrance fee or other charge for admission, nor may any amounts be deducted from stakes or prizes. No profits can be made from private gaming, irrespective of how the organiser intended to use those profits and, thus, even if intended for charitable purposes.

28.26. Private gaming is restricted to equal chance gaming except where it is domestic or residential gaming.

28.27. Private gaming can potentially take place on commercial premises in circumstances where a members’ club hires a room in, for example, a pub or hotel for a private function where equal chance gaming only is played. However, organisers would need to scrutinise very carefully the arrangements put in place, as detailed at paragraph 28.11 above.

References

¹⁹ Licensing Authority Bulletin March 2021

²⁰ Licensing Authority Bulletin March 2021

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Incidental lotteries Next section
Non-commercial race night

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Last updated: 14 September 2023

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