In September 2007, the Gambling Act 2005 comprehensively modernised the law on gambling and introduced a powerful regulator for gambling, the Gambling Commission. The Gambling Commission issues Personal and Operating licences and ensures compliance with these and the associated Codes of Practice. It investigates and prosecutes illegal gambling providers. Whilst it regulates the gambling industry, the 2005 Act also gives responsibility for the licensing of gambling premises to Local Authorities.
Gambling operators will require an Operating Licence and any relevant Personal Licences from the Gambling Commission. (See related website link below).
They will have to obtain a Premises Licence from their relevant Local Authority.
Any decisions made by either body must be made in accordance with the three licensing objectives which are;
The main implications for the council centre around the prepared and published Statement of Principles (Licensing Policy) setting out how the Licensing Authority intends to exercise its new functions. The Gambling Commission, appointed by the Government in October 2005, issued guidance to assist local authorities with the task. (See related link below)
The district council published its Statement of Principles in January 2007, and now issues Premises Licences for Casinos, Betting Offices, Race Tracks, Bingo Clubs, Adult Gaming Centres and Family Entertainment Centres. It also issues permits for gaming machines in members’ clubs and alcohol licensed premises (such as public houses); permits for prize gaming and for non-licensed Family Entertainment Centres (such as amusement arcades).
It also has the responsibility for monitoring and enforcing the licences and permits issued – whilst having regard to the three licensing objectives detailed above.
The Government determined that the premises licence fees would be set via a series of bands, with a prescribed maximum in each band. Licensing Authorities were permitted to select a fee from within the band, but the fees had to be limited to ‘cost recovery’. This allowed local authorities some flexibility and the gambling industry a degree of certainty.
The Secretary of State set the fees for permits and other services.