The Gambling Act 2005, which received Royal Ascent on 7 April
2005, gives effect to the Government’s proposals for reform of the
law on gambling. The Act contains the new regulatory system to
govern the provision of all gambling in Great Britain, other than
the National Lottery and spread betting. It The Gambling Act 2005
repeals the Betting, Gaming and Lotteries Act 1963, the Gaming Act
1968 and the Lotteries and Amusements Act 1976.
Gambling will be unlawful in Great Britain, unless permitted
by:
- Measures contained in the Act; or
- Measures contained in the National Lottery etc Act 1993, or
pursuant to the Financial Services and Markets Act 2000.
Two comprehensive offences are established by the Act. These are
either providing facilities for gambling or using premises for
gambling without the appropriate permission. This permission may be
from a licence, permit, or registration granted in accordance with
the Act or from an exemption given by the Act.
Where authority to provide facilities for gambling is granted, it
will be subject to varying degrees of regulation, depending on the
type of gambling, the means by which it is conducted, and the
people by whom and to whom it is offered.
The Act has introduced a unified regulator for gambling in Great
Britain, the Gambling Commission, and a new licensing regime for
commercial gambling (to be conducted by the Commission or by
licensing authorities, depending on the matter to be licensed). The
Act removes from Licensing Justices all responsibility for granting
gaming and betting permissions, which they exercised previously.
Instead, the Commission and licensing authorities (Waveney District
Council) will share between them responsibility for all matters
previously regulated by Licensing Justices.
The Act contains three licensing objectives which underpin the
functions that the Commission and licensing authorities will
perform. These objectives are central to the new regulatory regime
created by the Act. They are:
- Preventing gambling from being a source of crime or disorder,
being associated with crime or disorder, or being used to support
crime;
- Ensuring that gambling is conducted in a fair and open way;
and
- Protecting children and other vulnerable persons from being
harmed or exploited by gambling.
The Commission has an overriding obligation to pursue and have
regard to the objectives, and to permit gambling so far as it
thinks it is reasonably consistent with them.
The Act gives licensing authorities a number of important
regulatory functions in relation to gambling. Their main functions
are to: Licence premises for gambling activities;
- Consider notices given for the temporary use of premises for
gambling;
- Grant permits for gaming and gaming machines in clubs;
- Regulate gaming and gaming machines in alcohol licensed
premises;
- Grant permits to family entertainment centres for the use of
certain lower state gaming machines;
- Grant permits for prize gaming;
- Consider occasional use notices for betting at tracks; and
- Register small societies lotteries
Waveney District Council as a licensing authority has an obligation
to provide information to the Gambling Commission, including
details of licences, permits and registrations issued.The Gambling
Act 2005 provides for three categories of licence:
- Operating licences;
- Personal licences; and
- Premises licences.
Within these categories, a number of different types of licence may
be issued.Premises Licences will be granted by licensing
authorities and may authorise the provision of facilities on:
- Casino premises;
- Bingo premises;
- Betting premises, including tracks;
- Adult gaming centres; and
- Family entertainment centres.
Except in the case of tracks (where the occupier of the track who
gets the premises licence may not be the person who actually offers
the gambling), premises licences may only be issued to people with
a relevant gambling operating licence. For example, to obtain a
bingo premises licence the applicant must hold a bingo operating
licence. Premises licences are transferable to someone else holding
a valid operating licence.
The Act provides that licensing authorities may attach conditions
to premises licences. The conditions attached will be considered in
relation to each type of licence.In addition to licences there are
other forms of authorisation that a licensing authority may grant.
For example, authorisations for the temporary use of premises,
occasional use notices and five different sorts of permit:r
unlicensed family entertainment centres, prize gaming, gaming
machines on alcohol-licensed premises and club gaming and club
gaming machines, respectively.
Further Information and downloads
A wide consultation took place on the Statement of
Principles.
You can also visit The Gambling Commission website at
http://www.gamblingcommission.gov.uk
(Opens new window)
For further information use the contact details below:
E-mail:
licensing@waveney.gov.uk
Telephone: 01502 523620
Fax: 01502
589327