Gambling Act 2005

BACKGROUND AND INTRODUCTION TO THE GAMBLING ACT 2005:

The Gambling Act 2005 received Royal Assent in April 2005, will come fully implemented on 01 September 2007.

The Gambling Act will replace three existing Acts of Parliament and sub-ordinate legislation including the Gaming Act 1968, Lotteries and Amusements Act 1976 and Betting Gaming and Lotteries Act 1963. This will not incorporate the National Lottery, which is subject to separate legislation, but will include regulation of such activities as Internet gambling, casinos and bingo.

THE ROLE OF GAMBLING COMMISSION AND LICENSING AUTHORITIES

The responsibility for licensing gambling operators, individuals and premises will be split between Local Licensing Authorities and the newly formed independent body, the Gambling Commission. The Gambling Commission will be responsible for the licensing of gambling operators and individuals, whilst the Local Licensing Authorities will assume responsibility for various regulatory functions in relation to a number of gambling activities:

  • The issuing of Premise Licences for the provision of gambling activities;
  • The issuing of Permits for Unlicensed Family Entertainment Centres, Club Gaming, Club Machines, Licensed Premises Gaming Machines and Prize Gaming;
  • The issuing of Provisional Statements;
  • The receiving and endorsing of Temporary Use Notices;
  • The receiving of Occasional Use Notices; and,
  • The registering of Small Lotteries

LICENSING OBJECTIVES

There are three licensing objectives, which underpin the new legislation. The licensing objectives are:

(1) Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;

(2) Ensuring that gambling is conducted in a fair and open way; and

(3) Protecting children and other vulnerable adults from being harmed or exploited by gambling.

 

GAMBLING ACT ‘STATEMENT OF PRINCIPLES’ PUBLICATION

Mid Suffolk District Council has adopted a ‘statement of principles’ document as required by the Gambling Act 2005. This document has been subject to a full period of consultation with stakeholder and the general public between 24 July 2006 and 29 September 2006.

Following some agreed revisions in response to consultee feedback, the document was approved for publication at a meeting of Mid Suffolk District Council on 02 November 2006. This document is now published to take effect for a three-year period from 31 January 2007 (unless revised sooner).

This document covers the higher-level principles the Licensing Authority will be guided by when dispensing functions under the 2005 Act. The document will not stand alone, and will be applied alongside statutory Gambling Commission guidance and the requirements of the Act and Regulations.

This document will be available in hard copy from all public libraries in the district, and at the Council Offices in High Street, Needham Market. Please select the link below to access the Statement of Licensing Principles document.


Statement of Licensing Principles

PROCEDURES AND TRANSITIONAL ARRANGEMENTS:

The Gambling Act 2005 regulates the provision of facilities for gambling and the use of premises for gambling. This includes:

  • Betting (track and non-track)
  • Bingo
  • Casinos
  • Gaming machines in Adult Gaming Centres (AGC) and Family Entertainment Centres (FEC)
  • Lotteries
  • Permits for gaming and machines in Clubs and Alcohol on-licensed premises, prize gaming and unlicensed Family Entertainment Centres

(Note: There are some forms of ‘exempt’ gaming and ‘automatic’ entitlements provided for by the 2005 Act. Please refer to Gambling Commission website for further information)

Transitional Leaflets

Existing operators:

Existing gambling operators had until 27 April 2007 to apply to the Gambling Commission for their Operator and Personal Licences, and following their application(s) to the Commission can now apply to the Licensing Authority from 21 May 2007 for the relevant Premises Licence to provide gambling facilities in the Mid Suffolk District Council area

IMPORTANT: PLEASE NOTE.

Existing operators must apply to the Licensing Authority during a transitional period that runs between 21 May 2007 and (no later than) 30 July 2007 - in order to benefit from ‘continuation rights’, which will allow the operator to continue to operate after 01 September 2007, subject to requirements of the 2005 Act including any relevant codes of practice issued by the Gambling Commission, even if their new premises licence application has not been determined or issued.

Existing operators can apply for a streamlined ‘fast-track’ conversion application (accepting default conditions relevant to that category of licence) or else they can apply for a ‘non-fast track’ application to vary the default conditions (for example, the default condition of a betting premises licence concerns operating hours of 7am until 10pm). The procedures involved (serving notice and advertising of the application, and fees etc) are not the same for fast track and non-fast track applications, but the application form is the same.

(Note: Existing Club registrations under Part II and Part III of the Gaming Act 1968 will effectively run their course - ‘automatically’ converting to a Club Gaming Permit or Club Machine Permit. Existing section 34 AWP gaming machine permits issued under the Gaming Act 1968 will also run their course. Please refer to Gambling Commission website and DCMS transitional guidance document for further information. You will need to apply to the Licensing Authority prior to the expiry of your existing registration or permit for the relevant 2005 Act permit.)

Application forms and detailed guidance:

Application forms and further detailed guidance for specific premises/operators are available from the Gambling Commission website (see ‘Further Information’ at bottom of this page). Please ensure that you carefully read all notes and guidance with the application form before you complete it.

Local information for applicants:

The Licensing Authority has produced various documents to assist applicants with their application including local contact details for responsible authorities and fees for applications:

Responsible Authorities Contact List

Further Information Leaflets:

Further information can be found at the following links:

The Gambling Commisssion Website

The Department for Culture Media and Sport (DCMS) Website

You can also contact the licensing department at Mid Suffolk