THE GAMBLING ACT 2005 Training Pack

Department for Culture, Media and Sport Improving the quality of life for all The Gambling Act 2005 The Gambling Act 2005 (the Act) was developed in response to changes in the gambling industry and public attitudes to gambling Gambling is illegal unless permitted under the Act (or related Acts) The Act created a new regulator, the Gambling Commission The Act will be implemented on 1 st September 2007

Department for Culture, Media and Sport Improving the quality of life for all The Licensing Objectives The Act and Regulations aim to: prevent gambling being a source of crime or disorder ensure gambling is conducted in a fair and open way protect children and other vulnerable people

Department for Culture, Media and Sport Improving the quality of life for all The New Licensing Regime There are three types of gambling licence under the new Act: Operating licences Personal Licences Premises licences In addition to premises licences, there are several other forms of authorisation that permit premises to be used for gambling. For example: Temporary and occasional use notices Permits

Department for Culture, Media and Sport Improving the quality of life for all The Role of the Gambling Commission The Gambling Commission will regulate all commercial gambling in Great Britain except the National Lottery and Spread Betting The Gambling Commission will issue, monitor and enforce personal and operating licences

Department for Culture, Media and Sport Improving the quality of life for all The Licensing Authority Role Licensing authorities will issue: Premises licences Temporary use notices Permits Hold hearings Licensing authorities will also be responsible for: The monitoring and enforcement of the authorisations they issue Sheriffs will hear premises licence appeals in Scotland

Department for Culture, Media and Sport Improving the quality of life for all Premises Licences Premises licences are required where an individual or company wishes to offer premises based gambling They apply to a building and can be transferred between operators An operating licence is required before a premises licence can be issued There are several types of premises licence Premises licences are of unlimited duration (unless revoked by the licensing authority, surrendered by the holder etc.)

Department for Culture, Media and Sport Improving the quality of life for all Principles When considering premises licence applications, licensing authorities should aim to permit gambling in so far as they think it is: In accordance with Commission codes of practice In accordance with Commission guidance Reasonably consistent with the licensing objectives (subject to the two points above) In accordance with authority’s three year licensing policy statement (subject to the conditions above) Demand does not need to be demonstrated

Department for Culture, Media and Sport Improving the quality of life for all The Licensing Officer, the Licensing Authority The licensing officer may decide applications where there have been no representations (if delegated by the licensing authority) The licensing authority, or sub committee may decide cases where representations have been made, conditions are attached (with or without representations) or a licence is reviewed The whole authority must decide on ‘no-casino’ resolutions and the three year licensing policy

Department for Culture, Media and Sport Improving the quality of life for all Applications Applications will be in a standard format and should be accompanied by the appropriate fee They will include a description of the business and a plan of the premises The applicant must give notice of his application to interested parties and responsible authorities Licensing officers may inspect the premises

Department for Culture, Media and Sport Improving the quality of life for all Representations Those who may make representations fall into two categories 1.Responsible authorities 2.Interested parties, who are: a.those living nearby (‘sufficiently close') b.businesses that may be affected c.the representatives of both of the above

Department for Culture, Media and Sport Improving the quality of life for all Relevant Representations Only representations from responsible authorities or interested parties are admissible For a representation to be relevant it must Raise issues relating to the licensing objectives Raise issues under the Gambling Commission guidance/code of practice Raise issues regarding the authority’s policy statement If relevant representations are raised the licensing authority must hold a hearing

Department for Culture, Media and Sport Improving the quality of life for all The Decision Licensing authorities or officers have these options: To grant a licence To refuse the application (bearing in mind the objectives, Guidance and own policy statement) To grant a licence with a default condition removed and/or To grant a licence with an individual condition added

Department for Culture, Media and Sport Improving the quality of life for all Licence Conditions The Act gives certain permissions but also makes certain conditions. These fall into four categories those set out in the Act mandatory conditions (to be contained in regulations) default conditions (to be contained in regulations) individual conditions The aim is to be responsive to local choice while providing a norm against which local conditions may be compared

Department for Culture, Media and Sport Improving the quality of life for all Mandatory Conditions Mandatory conditions cannot be changed by the authority They may be attached to all licences or to certain types of premises licence Current plans are for regulations to be laid in November 2006, coming into force on 3I January 2007 The case studies that form part of this training provide some examples of proposed mandatory conditions

Department for Culture, Media and Sport Improving the quality of life for all Default Conditions Gambling Commission guidance suggests default conditions are expected to be the industry norm They largely concern gambling hours They may be removed by the authority They may be replaced or added to by a specific condition required by the authority

Department for Culture, Media and Sport Improving the quality of life for all Individual Conditions An individual condition may be added by the authority to an individual licence to deal with a specific problem. For example, a licensing authority could require an Adult Gaming Centre located near a school to have door supervision between certain hours.

Department for Culture, Media and Sport Improving the quality of life for all Removing or Attaching Conditions To recap on the gambling premises licensing principles: Whatever conditions the authority adds or takes away the action must be: in accordance with the the Gambling Commission Codes of Practice and Guidance reasonably consistent with the Licensing Objectives (subject to the above) subject to these, in accordance with the Statement of Policy

Department for Culture, Media and Sport Improving the quality of life for all Hearings If relevant representations have been made, or the authority wishes to remove or attach a condition, there must be a hearing. The process for hearings in Scotland will be similar to the Licensing (Scotland) Act 1976

Department for Culture, Media and Sport Improving the quality of life for all Issuing the Licence If the licensing authority or the licensing officer is satisfied that the application does not conflict with the principles outlined earlier, they should grant the licence they must then issue the applicant with notice of grant, a licence and a summary of the licence. The grant must be entered on the authority’s register. The licensing authority must also notify certain responsible authorities and all those who made representations of the grant of licence.

Department for Culture, Media and Sport Improving the quality of life for all Appeals If the licensing authority decides not to grant a licence they must advise the applicant, the Gambling Commission, certain responsible authorities and those who made representations Appeals against refusal to grant a licence are made to Sheriffs in Scotland