New Gambling Act 2005 - Objectives - Argyll and Bute Council

More informationFurther details can be found in the GamblingCommission’s Guidance to Licensing Authoritiesand the DCMS’ Gambling Act 2005 – TransitionalArrangements and Gambling Act 2005 – TrainingMaterials for Licensing Authorities.Department for Culture Media and Sportwww.culture.gov.ukGambling Commissionwww.gamblingcommission.gov.ukLocal Authorities Coordinatorsof Regulatory Serviceswww.lacors.gov.ukInstitute of Licencingwww.instituteoflicensing.org2-4 Cockspur Streetlondon SW1Y 5DHwww.culture.gov.ukOur aim is to improve the quality of life for all throughcultural and sporting activities, support the pursuit ofexcellence, and champion the tourism, creative andleisure industries.

New Gambling Act ExplainedCouncillorsKEEPING GAMBLING CRIME FREE, FAIR AND OPEN, PROTECTING CHILDREN AND VULNERABLE ADULTSimprovingthe qualityof life for all

This leaflet has been prepared by theDepartment for Culture, Media andSport’s (DCMS) Gambling Division tohelp Local Authority Councillors to betterunderstand their new role under theGambling Act 2005.BackgroundThe new Gambling Act 2005 comes intoforce on 1 September 2007. It has createda unified regulator for gambling in GreatBritain called the Gambling Commission,as well as establishing a new licensingregime for commercial gambling. TheGambling Commission will regulatecommercial gambling in Great Britain,except the National Lottery and SpreadBetting, and will issue operating andpersonal licences.The Gambling Act 2005 transfers allresponsibility for licensing gamblingpremises from Licensing Justices toLicensing Authorities (the Local Authorityin England and Wales). LicensingAuthorities will also be responsible fora number of different permits, as well astemporary and occasional use notices. InScotland, local authority licensing boardswill be the licensing authorities responsiblefor gambling functions under the Act.Local Authorities and the new ActLocal Authorities acting as LicencingAuthorities will now issue premiseslicences for the following activities:• bingo• betting• adult gaming centres• Family Entertainment Centres• casinos• sporting tracks, including horse racingand dog tracks.They will issue permits for:• gaming machines in alcohol licensedpremises, such as pubs• gaming machines for members clubs• other gaming activities inmembers’ clubs• category D machines * in unlicensedFamily Entertainment Centres• prize gaming.* Category D machines are those that can be used by childrenand have the lowest level of stakes and prizesThey will also register and issue:• small society lotteries• occasional and temporary use notices• provisional statements.

Councillors and the new ActFor premises licence applications andreviews, Councillors will sit on licensingcommittees as they do for the LicensingAct 2003. For permits other arrangementsmay apply, depending upon delegations.In Scotland, the relevant procedures ofthe licensing boards will apply.Unlike the Licensing Act 2003, Councillorsmay make representations without beingasked by a resident specifically to do so,although they will have to bear in mindwider issues of bias, prejudice and personalinterests. Representations may only bemade in relation to premises licences,not permits.The new Gambling Act requires that allLocal Authorities prepare, consult andpublish a Statement of Gambling Policy,which sets out the principles of how it willcarry out this licensing work over the nextthree years. These will be open to publicconsultation and must be approved by thefull council before final publication.Applications – Premises LicencesLicensing Authorities will acceptapplications under the new Act from30 April 2007. All operators must applyfor new permissions under the new Actif they wish to operate after 1 September2007. This also applies to all operatorswanting to continue an existing businessor start a new operation.A Licensing Authority should aim topermit the use of premises for gamblingif it believes that the application is:• in accordance with any relevantGuidance or Codes of Practice issuedby the Gambling Commission• reasonably consistent with the licensingobjective• in accordance with the Authority’sStatement of Gambling Policy.Processing Applications –Premises LicencesWhen an application for a premiseslicence is being made, representationsfrom external parties may be made aboutthe application. The Licensing Authoritywill consider all relevant representations,as well as other factors, before makinga final decision.Only representations made by aResponsible Authority or Interested Partywill be considered and they must berelevant. The definitions of these twocategories differ from those included inthe Licensing Act 2003.

A Responsible Authority must be notifiedby the applicant when an applicationfor a premises licence is being made.A Responsible Authority is a public bodywhich can make a representation inrelation to the application, as well asto an existing licence.They are:• a Licensing Authority in England andWales in whose area the premises iswholly or partly situated• a Local Authority (in Scotland)• the Gambling Commission• a Police Authority• a Fire and Rescue Authority• a Planning Authority• a Environmental Health Authority(or equivalent)• the body designated by the localauthority as competent to adviseabout the protection of children fromharm (Social Services etc)• the HM Revenue and Customs• Navigation Authorities (EnvironmentAgency, British Waterways Board,Maritime and Coastguard Agency) andthe Secretary of State (for vessels only).An Interested Party is a person who:• lives sufficiently close to the premises tobe affected by the authorised activities• has business interests that might beaffected by the authorised activities• represents people in either of the abovegroups (eg lawyer, accountant, councillor,community association, chamber ofcommerce etc).Representations that are relevant arethose issues which relate to the gamblingCommission’s Guidance or Codes ofPractice; issues related to the GamblingAct 2005’s three licensing objectives(as listed above); or issues related to theAuthority’s Statement of Gambling Policy.Where Responsible Authorities makerepresentations that are not relevantunder the new Act, they may take actionunder their own legislation andenforcement powers.A premises licence, once issued, will be setfor an unlimited duration but the LicensingAuthority does have the power to reviewand revoke it any time, and it may besurrendered or lapsed due to death orbankruptcy of the holder.

The Licensing Authority may grantpremises licences to pleasure boats andfloating restaurants, but a vessel goinginto international waters (eg a crosschannelferry) does not need a licence.Trains and cars are not entitled to holda premises licence.Licence Conditions – Premises LicencesThere are a number of conditions attachedto premises licences under the new Act,and additional conditions may also beattached by both the Secretary of Stateand the Licensing Authority.Mandatory conditions are set by theSecretary of State or Scottish Ministers.A Licensing Authority has no powerto remove or vary these mandatoryconditions.Default conditions are attached in thesame way as mandatory conditions,however, the Licensing Authority mayremove or replace them. The GamblingCommission’s Guidance suggests thatthese default conditions are expected tobe the industry norm. Whilst LicensingAuthorities may remove default conditionsif they think this is appropriate, they mustconsider carefully before imposing aregime that is stricter than the one thatis expected to be the industry norm.The Licensing Authority may also attachindividual conditions to a licence, forexample, door supervision.Unlike the Licensing Act, officers maymake recommendations to add conditionsto premises licences without the need tomake formal recommendations.HearingsThe Licensing Committee must consideran application at a hearing if relevantrepresentations are made and notwithdrawn, or if the licensing officerproposes that individual conditions shouldbe attached to the licence (either newconditions or the removal/variation ofdefault conditions). Regulations regardinghearings will be published.The Licensing Committee will usuallydelegate to a licensing officer to grantor reject an application where norepresentations are made, unlessconditions are to be attached.

AppealsAppeals against decisions made byLicensing Authorities in England andWales are made to the Magistrates’Court in England and to the Sheriff’scourt in Scotland.FeesThe Secretary of State will set fee maximafor premises licenses. Licensing Authoritieswill then set precise fees, limited to costrecovery. This will allow Authoritiesflexibility and the industry a degreeof certainty.In addition, excellent performingAuthorities (those with top CPA ratings)will be able to set premises licence feesabove the maxima, but again limited tocost recovery.CasinosLocal Authorities have new powers to:• issue premises licenses for casinos• resolve not to issue any further casinopremises licenses in their area.In Scotland, licensing boards will performthese functions.The Act creates three new casinocategories and initially allows for 17new premises licences to be issuedacross Britain: 1 regional, 8 large and8 small casinos.An independent panel will advise theGovernment where these new casinosshould be located, once an assessmentof their social impact and the likelyregeneration benefits has been made.