Office of Public Sector Information
(1) A premises licence is a licence which states that it authorises premises to be used for—
(a) the operation of a casino (a “casino premises licence”),
(b) the provision of facilities for the playing of bingo (a “bingo premises licence”),
(c) making Category B gaming machines available for use (an “adult gaming centre premises licence”),
(d) making Category C gaming machines available for use (a “family entertainment centre premises licence”), or
(e) the provision of facilities for betting, whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets (a “betting premises licence”).
(2) A casino premises licence is—
(a) a “regional casino premises licence” if it relates to a regional casino,
(b) a “large casino premises licence” if it relates to a large casino, and
(c) a “small casino premises licence” if it relates to a small casino.
(3) Neither a premises licence nor any provision of this Part disapplies or provides a defence to the offence under section 33.
(1) A premises licence must—
(a) specify the name of the person to whom it is issued,
(b) specify a home or business address of that person,
(c) specify the premises to which it relates,
(d) specify the activities for which it authorises the premises to be used,
(e) specify any condition attached by the licensing authority under section 169(1)(a),
(f) specify any exclusion of a default condition effected by the licensing authority under section 169(1)(b),
(g) include a plan of the premises, and
(h) if a period is prescribed under section 191 at the end of which the licence will expire (unless renewed or terminated earlier), specify the period.
(2) The Secretary of State may make regulations about—
(a) the form of a premises licence, and
(b) the content of a premises licence (which may, in particular, require the inclusion of information about mandatory conditions, default conditions or conditions attached to the licence by virtue of a provision of this Part).
(3) In relation to a premises licence issued in Scotland, subsection (2) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
(1) A premises licence—
(a) may not authorise the use of premises for activities of more than one of the kinds specified in section 150(a) to (e) (subject to sections 172 to 174 and subsection (2) below), and
(b) may not be issued in respect of premises if a premises licence already has effect in relation to the premises (subject to subsection (3)).
(2) Subsection (1)(a) does not apply in the case of a track.
(3) More than one premises licence may have effect in relation to a track provided that—
(a) each licence relates to a specified area of the track, and
(b) not more than one premises licence has effect in relation to any area of the track.
(4) If a person applies for a premises licence in respect of an area of a track (“a subsidiary licence”) and a premises licence already has effect in respect of the whole track or a part of the track that includes that area (“the main licence”)—
(a) the application for the subsidiary licence must be accompanied by an application under section 187 to vary the main licence so that it does not have effect in relation to the area to which the subsidiary licence is to relate, and
(b) the application for the subsidiary licence may be granted only after, or together with, the grant of the application for variation.
(1) In exercising their functions under this Part a licensing authority shall aim to permit the use of premises for gambling in so far as the authority think it—
(a) in accordance with any relevant code of practice under section 24,
(b) in accordance with any relevant guidance issued by the Commission under section 25,
(c) reasonably consistent with the licensing objectives (subject to paragraphs (a) and (b)), and
(d) in accordance with the statement published by the authority under section 349 (subject to paragraphs (a) to (c)).
(2) In determining whether to grant a premises licence a licensing authority may not have regard to the expected demand for the facilities which it is proposed to provide.
(3) This section is subject to section 166.
(1) The functions under this Part of a licensing authority in England and Wales are by virtue of this subsection delegated to the licensing committee of the authority established under section 6 of the Licensing Act 2003 (c. 17).
(2) But—
(a) a licensing authority’s functions under section 166 are not delegated by virtue of subsection (1) and may not be delegated by the authority,
(b) a licensing authority’s functions under section 212 are not delegated by virtue of subsection (1) but may be delegated by the authority, and
(c) a licensing authority’s function under section 349 is not delegated by virtue of subsection (1) and may not be delegated by the authority.
(3) The following provisions of the Licensing Act 2003 shall apply in relation to a function delegated to a licensing committee by virtue of subsection (1) or (2)(b) as they apply in relation to a function delegated under that Act—
(a) section 7(9) (referral back to licensing authority), and
(b) section 10 (sub-delegation).
(4) In the application of section 10(4) of that Act (matters not to be delegated to officer) by virtue of subsection (3) above, the following shall be substituted for the list of functions—
(a) determination of an application for a premises licence in respect of which representations have been made under section 161 (and not withdrawn),
(b) determination of an application for the variation of a premises licence in respect of which representations have been made under section 161 as applied by section 187 (and not withdrawn),
(c) determination of an application for transfer following representations by the Commission,
(d) determination of an application for a provisional statement under section 204 in respect of which representations have been made under section 161 as applied by section 204 (and not withdrawn), and
(e) a review of a premises licence under section 201.
(5) The provisions of section 9 of that Act and regulations under it apply to proceedings of licensing committees and their sub-committees in relation to the exercise of functions under this Part; and for that purpose regulations may, in particular, make provision which applies—
(a) only in relation to functions under that Act,
(b) only in relation to functions under this Part, or
(c) differently in relation to functions under that Act and functions under this Part.
(1) Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of their functions under this Part by a committee of the authority, a member or members of the authority, the clerk of the authority or any person appointed to assist the clerk.
(2) A licensing authority are not to make any arrangements under subsection (1)—
(a) in relation to their power under section 166 or their function under section 349, or
(b) for the discharge by the clerk of the authority or any person appointed to assist the clerk of any of the authority’s functions mentioned in paragraphs (a) to (e) of section 154(4).
(3) The procedures applicable to the proceedings of licensing boards in the exercise or their functions under the Licensing (Scotland) Act 1976 apply to the proceedings of those boards in the exercise of their functions under this Part: and for that purpose regulations made by the Scottish Ministers may, in particular, make provision which applies—
(a) only in relation to functions under that Act,
(b) only in relation to functions under this Part, or
(c) differently in relation to functions under that Act and functions under this Part.
(1) A licensing authority shall—
(a) maintain a register of premises licences issued by the authority together with such other information as may be prescribed,
(b) make the register and information available for inspection by members of the public at all reasonable times, and
(c) make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request.
(2) A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority.
(3) The Secretary of State may make regulations about—
(a) the form of the register;
(b) the manner in which it is maintained.
(4) The Secretary of State may make regulations—
(a) requiring licensing authorities to give to the Commission specified information about premises licences issued by them,
(b) requiring the Commission to maintain a register of the information provided to it under paragraph (a),
(c) requiring the Commission to grant access to the register to members of the public (without charge),
(d) requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public, and
(e) excusing licensing authorities, wholly or partly, from compliance with subsection (1).
For the purposes of this Part the following are responsible authorities in relation to premises—
(a) a licensing authority in England and Wales in whose area the premises are wholly or partly situated,
(b) the Commission,
(c) either—
(i) in England and Wales, the chief officer of police for a police area in which the premises are wholly or partly situated, or
(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated,
(d) the fire and rescue authority for an area in which the premises are wholly or partly situated,
(e) either—
(i) in England and Wales, the local planning authority, in accordance with Part I of the Town and Country Planning Act 1990 (c. 8), for an area in which the premises are wholly or partly situated, or
(ii) in Scotland, the planning authority, in accordance with Part 1 of the Town and Country Planning (Scotland) Act 1997 (c. 8), for an area in which the premises are wholly or partly situated,
(f) the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the premises are wholly or partly situated,
(g) an authority which has functions by virtue of an enactment in respect of minimising or preventing the risk of pollution of the environment or of harm to human health in an area in which the premises are wholly or partly situated,
(h) a body which is designated in writing for the purposes of this paragraph, by the licensing authority for an area in which the premises are wholly or partly situated, as competent to advise the authority about the protection of children from harm,
(i) Her Majesty’s Commissioners of Customs and Excise, and
(j) any other person prescribed for the purposes of this section by regulations made by the Secretary of State.
For the purposes of this Part a person is an interested party in relation to a premises licence or in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the application is made, the person—
(a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,
(b) has business interests that might be affected by the authorised activities, or
(c) represents persons who satisfy paragraph (a) or (b).
(1) A person may apply to a licensing authority for a premises licence to be issued to him authorising the use of premises to carry on an activity listed in section 37(1).
(2) An application must be made to a licensing authority in whose area the premises are wholly or partly situated.
(3) An application may be made only by a person who—
(a) holds an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought, or
(b) has made an application, which has not yet been determined, for an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought.
(4) But subsection (3) does not apply to an application for a premises licence which authorises a track to be used for accepting bets (and which does not also, otherwise than by virtue of section 172, authorise it to be used for another purpose).
(5) An application may be made only by a person who has a right to occupy the premises to which the application relates.
(6) An application must—
(a) be made in the prescribed form and manner,
(b) contain or be accompanied by the prescribed information or documents, and
(c) be accompanied by the prescribed fee.
(7) Regulations prescribing a matter for the purposes of this section may, in particular, make different provision for—
(a) applications in respect of different classes of activity, or
(b) different circumstances.
(8) In this section “prescribed” means—
(a) in relation to applications to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to applications to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) The Secretary of State may make regulations requiring an applicant for a premises licence—
(a) to publish notice of his application;
(b) to give notice of his application to the responsible authorities in relation to the premises;
(c) to give notice of his application to other persons.
(2) Regulations under subsection (1) shall include provision—
(a) about the manner and form in which notice is to be published or given,
(b) about the period of time within which notice is to be published or given, and
(c) for the consequences of failure to comply with the regulations.
(3) In so far as this section has effect in relation to applications to authorities in Scotland, the reference to the Secretary of State shall have effect as a reference to the Scottish Ministers.
(1) Where an application is made to a licensing authority for a premises licence, an interested party or responsible authority in relation to the premises may make representations in writing to the licensing authority.
(2) Representations under subsection (1) must be made within such period as the Secretary of State shall prescribe by regulations.
(3) In so far as this section has effect in relation to applications to authorities in Scotland, the reference to the Secretary of State shall have effect as a reference to the Scottish Ministers.
(1) In determining an application for a premises licence a licensing authority must hold a hearing if—
(a) an interested party or responsible authority has made (and not withdrawn) representations about the application under section 161,
(b) the authority propose to attach a condition to the licence under section 169(1)(a), or
(c) the authority propose to exclude under section 169(1)(b) a condition that would otherwise be attached to the licence under section 168.
(2) But a licensing authority may determine an application for a premises licence without a hearing despite subsection (1) with the consent of—
(a) the applicant, and
(b) any interested party or responsible authority who has made (and not withdrawn) representations about the application under section 161.
(3) A licensing authority may also determine an application for a premises licence without a hearing despite subsection (1)(a) if the authority think that the representations made under section 161—
(a) are vexatious,
(b) are frivolous, or
(c) will certainly not influence the authority’s determination of the application.
(4) If a licensing authority propose to determine an application in reliance on subsection (3) they shall as soon as is reasonably practicable notify any person who made representations under section 161.
(1) On considering an application for a premises licence (whether at a hearing or not) a licensing authority shall—
(a) grant it, or
(b) reject it.
(2) A licensing authority shall not determine an application for a premises licence made in reliance on section 159(3)(b) until the relevant operating licence has been issued (in a form which authorises the applicant to carry on the activity in respect of which the premises licence is sought).
(1) Where a licensing authority grant an application for a premises licence they shall as soon as is reasonably practicable—
(a) give notice of the grant to —
(i) the applicant,
(ii) the Commission,
(iii) any person who made representations about the application under section 161,
(iv) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated,
(v) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and
(vi) Her Majesty’s Commissioners of Customs and Excise,
(b) issue a premises licence to the applicant, and
(c) give the applicant a summary of the terms and conditions of the licence in the prescribed form.
(2) A notice under subsection (1)(a)—
(a) must be in the prescribed form,
(b) if the licensing authority have attached a condition to the licence under section 169(1)(a) or excluded under section 169(1)(b) a condition that would otherwise have attached by virtue of section 168, must give the authority’s reasons, and
(c) if representations were made about the application under section 161, must give the authority’s response to the representations.
(3) In this section “prescribed” means—
(a) in relation to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) Where a licensing authority reject an application for a premises licence they shall as soon as is reasonably practicable give notice of the rejection to—
(a) the applicant,
(b) the Commission,
(c) any person who made representations about the application under section 161,
(d) either—
(i) in England and Wales, the chief officer of police for any area in which the premises are wholly or partly situated, or
(ii) in Scotland, the chief constable of the police force maintained for a police area in which the premises are wholly or partly situated, and
(e) Her Majesty’s Commissioners of Customs and Excise.
(2) A notice under subsection (1)—
(a) must be in the prescribed form, and
(b) must give the authority’s reasons for rejecting the application.
(3) In this section “prescribed” means—
(a) in relation to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) A licensing authority may resolve not to issue casino premises licences.
(2) In passing a resolution under subsection (1) a licensing authority may have regard to any principle or matter.
(3) A resolution under subsection (1)—
(a) must apply to the issue of casino premises licences generally,
(b) must specify the date on which it takes effect,
(c) may be revoked by a further resolution, and
(d) shall lapse at the end of the period of three years beginning with the date on which it takes effect (without prejudice to the ability to pass a new resolution).
(4) A resolution under subsection (1)—
(a) may be passed whether or not the licensing authority has already issued casino premises licences,
(b) shall have no effect in relation to a casino premises licence issued before the resolution takes effect,
(c) shall have no effect in relation to premises in respect of which a provisional statement relating to the operation of a casino is in force when the resolution takes effect,
(d) shall have no effect in relation to anything converted into a casino premises licence by virtue of Schedule 18,
(e) shall not affect the issuing of a casino premises licence in accordance with a requirement by virtue of Schedule 18, and
(f) may not be taken into account in conducting a review of a casino premises licence under section 201.
(5) A resolution under subsection (1) shall be published by being included in a statement or revision under section 349.
(6) Section 153 is subject to this section.
(7) The Secretary of State may by order require a licensing authority to consider whether or not to pass a resolution under subsection (1).
(8) An order under subsection (7) may—
(a) be directed to a particular licensing authority or to a class or description of licensing authority;
(b) require the licensing authority to consult such persons or classes of persons as they think are likely to be affected by the resolution (having regard to any guidance given by the Secretary of State);
(c) require the licensing authority to take other procedural steps;
(d) specify a period within which the consideration must take place;
(e) require consideration once or at specified intervals.
(1) The Secretary of State may by regulations provide for a specified condition to be attached to premises licences.
(2) Regulations under this section may, in particular—
(a) make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;
(b) make different provision for different classes of licence or for different circumstances.
(3) In relation to premises licences issued in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
(1) The Secretary of State may by regulations prescribe for a specified condition to be attached to any premises licence unless excluded by the authority who issue the licence.
(2) Regulations under this section may, in particular—
(a) make provision which applies generally, only to premises licences in a specified class or only in specified circumstances;
(b) make different provision for different classes of licence or for different circumstances.
(3) In relation to a premises licence issued by an authority in Scotland subsection (1) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
(1) Where a licensing authority issue a premises licence they may—
(a) attach a condition to the licence;
(b) exclude a condition that would otherwise be attached to the licence by virtue of section 168.
(2) A condition attached to the licence under subsection (1)(a) may, in particular, address a matter addressed by a condition excluded under subsection (1)(b).
(3) A condition attached to the licence under subsection (1)(a) may apply in relation to the premises generally or only in relation to a specified part of the premises.
(4) A licensing authority may not attach a condition to a premises licence which prevents compliance with a condition of the operating licence which authorises the holder to carry out the activity in respect of which the premises licence is granted.
A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169)—
(a) requiring all or part of the premises, or any activity taking place on the premises, to be operated or carried on as a club or other body with membership, or
(b) restricting use of any part of the premises wholly or partly by reference to membership of a club or other body.
(1) A premises licence may not be subject to a condition (whether imposed by virtue of section 167, 168 or 169) imposing limits on—
(a) stakes,
(b) fees,
(c) winnings, or
(d) prizes.
(2) The prohibition in subsection (1)(b) shall not prevent the imposition by virtue of section 167 of a condition about fees for admission to a track.
Gambling Act 2005