Information for arcade operators

The Gambling Act 2005 comes into force on 1 September 2007. If you currently hold a permit under Section 34(5E) of the Gaming Act 1968 and you wish to operate your arcade as and Adult Gaming Centre (AGC) or licensed Family Entertainment Centre (FEC), you will need to make advance applications under the 2005 Act to:

The Gambling Commission for a gaming machine general operating licence for an AGC or FEC;
To the Gambling Commission for any personal licences required by your business; and
To your licensing authority (if your premises is within the Peterborough area, your licensing authority is Peterborough City Council) for an AGC or FEC premises licence.

Premise Licence Categories

Adult Gaming Centres (AGC) are able to offer four Category B3 gaming machines and an unlimited number of Category C and D gaming machines. These centres are strictly for over 18's and children are not allowed in any part of the premises.

Licensed Family Entertainment Centres (FEC) are able to offer unlimited numbers of Category C and D machines. Children will be allowed to enter the premises and gamble on Category D machines. Any Category C machines must be located in over-18 areas only.

Your existing permit issued under Section 34(5E) of the Gaming Act 1968 has been automatically renewed until 31 August 2007. You can receive a copy of your renewed licence, free of charge, by applying in writing to our licensing department.

Unlicensed family entertainment centres (Unlicensed FEC) Unlicensed FEC's are able to offer an unlimited number of Category D gaming machines. Children have free access and they can gamble on Category D machines.

For those arcades which currently hold a permit under Section 34(1) of the 1968 Act and wish to operate as an unlicensed FEC, you will need to make an advance application to your licensing authority for a family entertainment centre gaming machine permit. You do not need to apply to the Gambling Commission for an operating licence or any personal licences.

Operating licences

You need to apply to the Gambling Commission by 27 April 2007 for your operators licence to qualify for continuation rights. This means that you will be treated as having an interim operating licence effective from 1 September 2007, even if your application has not be resolved by that date.

The Gambling Commission has issued its own guidance on the application procedures, and what you need to submit with your application. You can find this on the Commission's website: www.gamblingcommission.gov.uk.

Personal licences

The Gambling Commission has also issued separate guidance on who in your business requires a personal licence. This is also on the Commissions website as above.

PLEASE NOTE: If you haven't already done so, you should apply for your operating and personal licences to the Gambling Commission as soon as possible. We can not determine your application for a premises licence until you have applied to the Gambling Commission for these.

Premises licences

If you submit your advance application for a premises licence under the Gambling Act before 31 July 2007 you will qualify for continuation rights. This means that you will continue to be able to operate from 1 September 2007, even if your application has not been resolved by that date.

As an existing operator, if you apply for your premises licence before 1 September 2007 you will also qualify for grandfather rights and be guaranteed a premises licence under the new Act. Your Section 34(5E) permit will qualify you for grandfathered rights either as an AGC or licensed FEC you will need to decide which new category you wish to operate as under the new Act.

There are two types of grandfathered premises licence applications which are detailed below.

Fast track grandfathered premises licence application

Must be granted by the licensing authority.
The new mandatory and default conditions will be attached to your premises licence and nothing more.
We will not be able to amend default or attach additional conditions at point of issue (these can be reviewed after your licence has been issued).
The administration procedure is straightforward no hearing and no need to publish notice or notify responsible authorities.
Representations can not be made.
Due to the reduced amount of admin time, the fee will be lower.

Non-fast track grandfathered premises licence application

We must ultimately grant at least a premises licence with the new mandatory and default conditions attached to it (same as fast track process).
We may grant or refuse your request to exclude or vary a default condition.
When we grant your licence, we may attach other conditions.
All normal requirements of making a premises licence application apply you must publish a notice and inform responsible authorities.
Representations can be made by responsible authorities and interested parties.
There may be a requirement for a hearing.
Your fee will be higher than fast track applications to reflect the increased costs in time and administration incurred by this licensing authority.

PLEASE NOTE: If you apply for a premises licence after 30 July 2007, we can not guarantee that it will be issued before 1 September 2007. You will therefore not be licensed after this date and will have to cease operating until your new licence has been issued.

Fees, application forms and guidance

Details of fees, application forms and guidance on how to make an application is available on the application information page.

Flowchart

The simple application guide for arcades (52kb) 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.)

Further Information

For further information concerning the Gambling Act 2005, please contact the Licensing Team. The Gambling Commission can be contacted on 0121 230 6666.