Introduction

The Gambling Act 2005 gives effect to the Government's proposals for reform of the law on gambling. The Act contains a new regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting.

The Act contains three licensing objectives which underpin the functions that the Gambling 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.

New Licences

The Gambling Act 2005 provides for three categories of licence:

• Operating licences (issued by the Gambling Commission)
• Personal licences (issued by the Gambling Commission)
• Premises licences (issued by Licensing Authorities)

Conditions

Each type of licence may have conditions attached to it. Conditions may be attached in a number of ways:

• They may attach automatically, having been set out on the face of the Act
• They may attach through regulations made by the Secretary of State
• They may be attached to operating and personal licences by the Gambling Commission
• They may be attached to premises licences by licensing authorities

Conditions may be added under the Act which regulate the way in which premises operate, eg hours during which premises may be open for business, restrictions on access by persons under 18, where it is unlawful to provide alcohol and where the presence of door supervisors may be required. These conditions, plus others where relevant, may be added by either the Gambling commission or the Licensing Authority.

Premises licences

Premises licences will be granted by licensing authorities and may authorise the provision of gambling facilities in:

• Casino premises
• Bingo premises
• Betting premises, including tracks
• Adult gaming centres
• Family entertainment centres

Main functions of Licensing Authorities

The main functions of the Licensing Authorities are :

• Responsibility for the licensing of premises where gambling activities take place by the issue of premises licences
• Issue of Provisional Statements (provisional approvals for premises not yet built)
• Grant permits for gaming and gaming machines in clubs and miners’ welfare institutes  
• Granting of permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres
• Regulate gaming and gaming machines in alcohol licensed premises
• Registering small societies’ lotteries
• Grant permits for prize gaming
• Consider notices given for the temporary use of premises for gambling
• Consider occasional use notices for betting at tracks
• Providing information to the Gambling Commission regarding details of licences issued
• Maintaining registers of the permits and licences that are issued under these functions

In addition, licensing authorities are required to prepare, every three years, a statement of the principles which they propose to apply when exercising their functions, and they must publish the statement. The statement, which may also be referred to as a 'policy', can be reviewed, revised and re-published during the three-year period in which it has effect. In preparing or revising the statement, licensing authorities must follow the procedure set out in the Act, including whom they should consult.