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Guidance to licensing authorities

The Gambling Commission's guidance for licensing authorities.


5 - Human Rights Act 1998

5.30. The Secretary of State has certified that the Act is compatible with the European Convention on Human Rights. In considering applications, and taking enforcement action under the Act, licensing authorities should bear in mind that they are subject to the Human Rights Act 1998 (opens in new tab) and in particular:

  • Article 1, Protocol 1 – peaceful enjoyment of possessions. A licence is considered a possession in law and people should not be deprived of their possessions except in the public interest
  • Article 6 – right to a fair hearing
  • Article 8 – respect for private and family life. In particular, removal or restriction of a licence may affect a person’s private life
  • Article 10 – right to freedom of expression.
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Good practice in regulation
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Other considerations
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