Guidance
Guidance to licensing authorities
The Gambling Commission's guidance for licensing authorities.
Contents
- Legislative changes and Changes to the Guidance to Licensing Authorities (GLA) - 1 April 2021
- Part 1: General guidance on the role and responsibilities of licensing authorities in gambling regulation
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- 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
- Part 3: The Gambling Commission
- Part 4: Licensing authorities
- Part 5: Principles to be applied by licensing authorities
- Part 6: Licensing authority policy statement
- Part 7: Premises licences
- Part 8: Responsible authorities and interested parties definitions
- Part 9: Premises licence conditions
- Part 10: Review of premises licence by licensing authority
- Part 11: Provisional statements
- Part 12: Rights of appeal and judicial review
- Part 13: Information exchange
- Part 14: Temporary use notices
- Part 15: Occasional use notices
- Part 16: Gaming machines
- Part 17: Casinos
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- 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
- Part 19: Betting premises
- Part 20: Tracks
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- 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
- Part 22: Licensed family entertainment centres
- Part 23: Introduction to permits
- Part 24: Unlicensed family entertainment centres
- Part 25: Clubs
- Part 26: Premises licensed to sell alcohol
- Part 27: Prize gaming and prize gaming permits
- Part 28: Non-commercial and private gaming, betting and lotteries
- Part 29: Poker
- 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
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- 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
- 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
Underage gambling
With some limited exceptions, gambling activities regulated under the Gambling Act 2005 are restricted to over 18s. Central to a licensee’s permission to provide facilities for gambling is that they prevent underage access.
For premises-based gambling, test purchasing is one approach by which the Commission or licensing authorities can test the effectiveness of operators’ controls. Operators of licensed gambling premises are required to undertake test-purchasing under agreed methodologies to test ‘Challenge 21’ processes. Data representative of 90% of gambling premises across betting premises and arcades shows sustained improvement with the most recent pre-coronavirus (COVID-19) data indicating that in 9 out of every 10 tests the 18/19yr old test purchaser was challenged to verify their age during their visit. The current rate of 1 in 10 visits resulting in a failure to challenge for ID demonstrates the need for continued vigilance on the part of licensees.
Other locations where children and young people can access gambling continue to present a higher risk of underage gambling. Pre-coronavirus test purchase activity on access to gaming machines in pubs and betting at racecourses exposed serious weaknesses in controls. Such gambling environments pose a heightened risk due to the ability of under 18s to be in the vicinity of gambling facilities. As these premises reopen following the coronavirus restrictions it is important that efforts are redoubled to prevent underage access.
Children and young people can be harmed not only by their own gambling, but also by the gambling of family members for example because of neglect or financial harm. There is evidence of intergenerational transfer of risk behaviours with parental problem gambling a strong predictor of problem gambling among children 20.
In Great Britain, children and young people are legally permitted to gamble in limited ways, although most commercial gambling is restricted to over 18-year olds. In overall terms the levels of gambling by children has been falling over time. Our data found that 11% of 11-16-year olds surveyed had spent some of their own money on gambling activities in the last seven days in 2019 21.
The value of this headline figure in informing regulatory risk is undermined as it includes gambling activities which respondents are lawfully permitted to participate in, such as a private bet for money with family or friends (mentioned by 5%) and fruit/ slot machines (4%). The sample size for the 2020 report is smaller as a result of being disrupted by coronavirus but we are also looking at how this source of evidence can be strengthened further to specifically track prohibited gambling by children and young people as a measurement of licensees’ controls.
GC action
Having strengthened age verification controls for online gambling we will continue to use our compliance and enforcement powers to ensure they are complied with22.We will continue to support those licensing authorities, local police or trading standards who undertake test purchasing in response to heightened risk or as part of their general legal and regulatory oversight.
References
20 Children and young persons gambling research review, G Valentine, 2016
21Young people and gambling report (opens in new tab)
22 New age and identity verification rules - changes to the LCCP from Tuesday 7 May
Last updated: 3 October 2024
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