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Gambling Act 2005 Application Information

Gambling Act Premises Licence

A premises licence issued under the Gambling Act (the Act) is required for any premises where an individual or company proposes to offer premises based gambling. A premises licence can be issued to the following premises:

Casinos
Bingo Halls
Adult Gaming Centres
Family Entertainment Centres
Betting Premises

Only one premises licence may be issued for any particular premises at any time, although the licence may authorise m ore than one type of gambling. Tracks have an exemption to this rule, as they may be subject to more than one premises licence, as long as the licence applies to a specific area of the track.

An application for a premises licence may only be made by persons (which includes companies and partnerships):

Who is 18 years and over;
Who have the right to occupy the premises; and
Who have/who have applied for an operating licence which allows him/her to carry out the proposed activity for example, an applicant applying for an adult gaming centre must have/applied for a gaming machine general AGC Operators Licence.

Please note a premises licence may only be issued once the appropriate Operating Licence has been issued by the Gambling Commission.

Track owners who wish to offer betting facilities themselves, rather than through an on course betting operator must also apply for an operators licence.

Arrangements for Vessels and Vehicles

The Act permits premises licences to be granted for passenger vessels, defined as anything (other than a seaplane or amphibious vehicle) designed or adapted for use on water, a hovercraft or anything, or part of any place, situated on or in water. This enables vessels such as pleasure boats and floating restaurants to apply for premises licences. Premises licences may not be issued in respect of vessels that are not passenger vessels.

It should bee noted that gambling is not a licensable activity if it takes place aboard a vessel engaged on an international journey. This therefore included cross channel ferries. In the case of aircraft, no offence occurs if the gambling takes place in international airspace.

Vehicles (trains, cars etc.) are not entitled to hold a premises licence and therefore all forms of commercial betting and gaming will be unlawful in a vehicle in Great Britain.

The licensing authority which should consider an application for a premises licence for a vessel is the authority in which the vessels is permanently or usually moored or berthed. There are separate application forms for vessels.

Provisional Statements

Section 204 of the Act provides for a person to make an application to their local licensing authority for a Provisional Statement in respect of premises that he/she:

Expects to be constructed
Expects to be altered
Expects to acquire a right to occupy.

The Provisional Statement is a provisional grant of a premises licence. The outcome of the Provisional Statement application would enable an applicant to judge whether it would be worth building a premises.

As well as providing a level of assurance as to the outcome of a subsequent Premises Licence application, a Provisional Statement also provides the holder with some protection against representations when they make an application for a Premises Licence in relation to the premises for which they hold a Provisional Statement.

Unlike a Premises Licence application, a person can apply for a Provisional Statement without having an Operating Licence from the Gambling Commission or a right to occupy the premises.

Guidance notes

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