Fact Files

Licensing and Gambling

ii. Gambling

The Gambling Act 2005 is the vehicle which delivers the Governments’ proposals to reform the law on gambling. The Act contains a new regulatory system which will oversee the provision of all gambling in Great Britain. The only exceptions to that general statement are the National Lottery and spread betting. The Act will come into force on 1st September 2007 and will transfer the responsibility for the licensing of premises for gaming from the Magistrates’ Courts to Local Authorities.

The Act repeals the Betting Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976. The Gambling Commission will act as an overall regulator for gambling in Great Britain and will remove from licensing justices all responsibility for granting gaming and betting permissions. The Commission and Licensing Authorities will share between them responsibility for all matters previously regulated by licensing justices.

The Gambling Commission will be responsible for issuing operating licences and personal licences to commercial gambling operators and persons working in the gambling arena.

Local Authorities will have the following duties:-

1. To licence premises for gambling activities
2. To consider notices for the temporary use of premises for gambling
3. To grant permits for gaming and gaming machines in clubs
4. To regulate gaming and gaming machines in alcohol licensed premises
5. To grant permits to family entertainment centres
6. To grant permits for prize gaming
7. To consider occasional use notices for betting at tracks
8. To register small societies’ lotteries

The Act contains three licensing objectives which underpin the functions that the Gambling Commission and licensing authorities will perform. These objectives must be taken into account by the Authority when exercising its functions.

The objectives are:-

1. Preventing gambling from being a source of crime or disorder, being associated with crime and disorder or being used to support crime.
2. Ensuring that gambling is conducted in a fair and open way.
3. Protecting children and other vulnerable persons from being harmed or exploited by gambling.

An Authority has the right to publish a Licensing Policy statement in respect of the Gambling Act. That statement sets out how the Local Authority intends to exercise its functions under the Gambling Act and the principles it intends to apply. The policy will be subject to periodic reviews and consultation with interested and appropriate bodies.