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Gambling Act 2005

The Gambling Act 2005 came in to force September 2007. The licensing of gaming and gaming machines on alcohol licensed premises was transferred from the licensing justices to licensing authorities under the Licensing Act 2003, with effect from 24 November 2005. Some changes were made to the licensing regime for gaming and gaming machines in pubs and other licensed premises.

The Gambling Act 2005 comprehensively modernised the law on gambling and introduced a powerful regulator for gambling, the Gambling Commission. This came out of the existing Gaming board for Great Britain. The Commission issue Personal and Operating licences and ensure compliance with these and the associated Codes of Practice. It investigates and prosecutes illegal gambling providers. In addition, whilst the Gambling Commission regulates the gambling industry, the Act gives responsibility for the licensing of gambling premises to the local authorities.

The Act made simple

Gambling operators will require an operating licence and any relevant personal licences from the Gambling Commission. 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:

  • Preventing gambling from being a source of crime and disorder
  • Ensuring that gambling is conducted in a fair and open way
  • Protecting children and other vulnerable persons from being harmed or exploited by gambling.
  • The Act requires licensing authorities to produce and publish a Statement of Principles which sets out how the licensing authority intends to exercise its functions under the Act and guidance issued by the Gambling Commission.

The licensing authority’s main function is issuing 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 licensed premises, prize gaming and non licensed family entertainment centres.

Acts

Replaced by the Gambling Act 2005

The Act gives licensing authorities a number of important regulatory functions in relation to gambling, including:

  • The issuing of premises licences for casinos, bingo halls, betting offices, adult gaming centres and licensed family entertainment centres.
  • The granting of permits for gaming and gaming machines in clubs, unlicensed family entertainment centres, and gaming machines in pubs and other alcohol licensed premises.

From 1 September 2007, in order for gambling activity to take place in any public premises within our boundary, the following licences will be required:

  • An Operating Licence
  • A Personal Licence (subject to circumstance)
  • A Premises Licence

Further information for existing operators can be accessed using the links below:

The Gambling Commission

The Gambling Commission was created by the Gambling Act 2005 and came into existence on 1 October 2005, they have taken over the work of the Gaming Board, in regulating bingo, casinos, society lotteries and gaming machines.

From September 2007 the Commission also regulates betting and remote gambling. Their remit covers all commercial gambling except the National Lottery (which has its own dedicated regulator, the National Lottery Commission) and spread betting (which is regulated by the Financial Services Agency).

The Commission's main functions under the Act are:

  • issue operating licences to authorise the licensee to provide facilities for gambling, and personal licences to authorise the licensee to perform particular functions;
  • monitor licensed operators to ensure that they comply with the regulations;
  • keep the regulations under review and make changes to reflect changes in the industry and in technology;
  • advise the Secretary of State on the incidence of gambling and how it is carried out and regulated;
  • issue guidance to local authorities on their functions under the Act; and
  • investigate and prosecute illegal gambling and other offences under the Act.

Further information is available from the Gambling Commission.

Statement of principles

The Gambling Act 2005 requires all licensing authorities to prepare, consult and publish a three-year licensing policy known as a Statement of Principles.  The Statement underlines the principles the council will apply in exercising their functions under the Gambling Act.

Following public consultation the city council has developed its second Statement of Principles having received approval by Full Council on 2 December 2009.  This is available for download using the link below. The Statement of Principles came into effect 31 January 2010.

Copies of the Statement can be obtained from the link below and can be inspected at our offices our offices.  

The document below appears in Adobe® Acrobat® (PDF) format. In order to view it you will need to have Acrobat Reader installed. (Those with visual impairments may wish to investigate Access Adobe, which provides tools and information to help make PDF files more accessible). Please note that some of the files are more than 1MB in size, and could take some time to download. 

  Statement of principles
  (737KB, 32 pages)

Further information

Further information on the Gambling Act 2005 is available from the Department for Culture Media and Sport.

For further information concerning the Gambling Act 2005, please contact our licensing team.

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