06 January 2009Gambling Act 2005
The Gambling Act 2005, which came into force on 1 September 2007, replaced most of the existing laws about gambling in Great Britain and aimed to put in place an improved, more comprehensive structure of gambling regulation. Its three Licensing objectives are:
The Gambling Commission has also been established as the new, independent national regulator for commercial gambling and it has a key role to play in implementation of the Act. Not only has it issued guidance for local authorities, but it will also issue certain licences, e.g. operating and personal licences.
Local authorities issue premises licences for bingo, betting, adult gaming centres (AGC), family entertainment centres (FEC), casinos and horse racing and dog tracks. We also issue permits for prize gaming, gaming machines in alcohol licensed premises, members clubs and unlicensed family entertainment centres. We also register small society lotteries and issue occasional and temporary use notices and provisional statements.
Transitional Arrangements
Arcades
To operate after 1 September 2007, holders of Section 34(5E) permits under the Gaming Act 1968 who wished to operate as an AGC or licensed FEC had to make an application to the Gambling Commission (by 27 April 2007) for a gaming machine general operating licence and any personal licences required (by 29 June 2007) and to the local authority (between 21 May and 30 July 2007) for a premises licence. Former holders of a permit issued under Section 34(1) of the Gaming Act 1968 who wished to continue to operate as an unlicensed FEC needed to apply to the local authority (between 21 May and 30 July 2007) for a family entertainment centre gaming machine permit.
Betting Shops/Bingo Clubs
To operate a betting shop or bingo club after 1 September 2007, existing operators had to make an application to the Gambling Commission (by 27 April 2007) for an operating licence and any personal licences required (by 29 June 2007) and to the local authority (between 21 May and 31 July 2007) for a premises licence.
Alcohol Licensed Premises
Up to 31 August 2007 permit holders could apply to renew an existing Section 34 permit or for a first Section 34 permit in the normal way to the local authority. Section 34 permits will continue to have effect after 1 September 2007 as if they are a licensed premises gaming machine permit issued under the new Act. All existing Section 34 permits will cease to have effect on 31 August 2010.
After 1 September 2007 pubs will have automatic entitlement to two gaming machines (category C or D) subject to a notification procedure - notification, together with the prescribed fee, should be made to the licensing authority prior to the expiry of the existing Section 34 permit. To offer more than two machines, application will need to be made to the local authority for a licensed premises gaming machine permit prior to the expiry of the existing Section 34 permit.
Clubs
Up to 31 August 2007 application had to be made to the magistrates' court to renew Part II and Part III registrations or for a first registration in the normal way.
From 1 September 2007 a club registered under Part II or III will be treated as if it holds a club gaming permit under the 2005 Act. These arrangements will expire on the day on which current registration is due to expire and application should be made to the local authority for the relevant permit under the Gambling Act 2005 before the registration expiry date. The 2005 Act replaces the current system of registration with two new permissions - a club machine permit (equates to Part III registration) and a club gaming permit (equates broadly to Part II registration).
Small Society Lotteries
Up to 31 August 2007 application had to be made for a first registration to the local authority in the normal way. After 1 September, existing registrations were converted automatically into a registration under the new Act and the first annual fee became due on 1 January 2008.
Section 34(1) Permits in Chip Shops, Taxi Offices etc
Existing permits continue to have effect after 1 September 2007 until the date they are due to expire or 31 July 2009, whichever is the earlier date. It will not be possible to renew such permits when they expire.
Statement of Licensing Policy
The Sevenoaks District Council gives notice under Statutory Instruments 2006 No. 636 Betting, Gaming and Lotteries, England and Wales of its intention to publish a Licensing Authority Policy Statement in respect to The Gambling Act 2005
The Licensing Authority Policy Statement in respect to The Gambling Act 2005 was be published on 3 January 2007.
The Licensing Authority Policy Statement in respect to The Gambling Act 2005 will come into effect on the first appointed day being the 30 April 2007.
The Licensing Authority Policy Statement in respect to The Gambling Act 2005 can be viewed on following link:
The Gambling Act 2005 Policy Statement (
PDF 366K file details)
The full text of the Gambling Act 2005 as originally enacted is available at the Office of Public Sector Information website. Further information about the Act is available from both the Gambling Commission and Department for Culture Media and Sport websites.
For further information contact the Licensing Team at:
Sevenoaks District Council,
Community and Planning Services
Council Offices, PO Box 182
Argyle Road
Sevenoaks
Kent TN13 1GP
Email: licensing @sevenoaks.gov.uk
Web: www.sevenoaks.gov.uk
Telephone: 01732 227325, 01732 227299, 01732 227033, 01732 227270, 01732 227339
Fax:01732 742339
