Office of Public Sector Information
PART 8 continued
(1) An adult gaming centre premises licence shall, by virtue of this section, authorise the holder—
(a) to make up to four Category B gaming machines available for use on the premises,
(b) to make any number of Category C gaming machines available for use on the premises, and
(c) to make any number of Category D gaming machines available for use on the premises.
(2) A family entertainment centre premises licence shall, by virtue of this section, authorise the holder—
(a) to make any number of Category C gaming machines available for use on the premises, and
(b) to make any number of Category D gaming machines available for use on the premises.
(3) A casino premises licence for a regional casino using at least 40 gaming tables shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—
(a) each gaming machine is of Category A, B, C or D, and
(b) the number of gaming machines—
(i) is not more than 25 times the number of gaming tables used in the casino, and
(ii) is not more than 1250.
(4) A casino premises licence for a large casino using at least one gaming table, or for a regional casino using fewer than 40 gaming tables, shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—
(a) each gaming machine is of Category B, C or D, and
(b) the number of gaming machines—
(i) is not more than 5 times the number of gaming tables used in the casino, and
(ii) is not more than 150.
(5) A casino premises licence for a small casino using at least one gaming table shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—
(a) each gaming machine is of Category B, C or D, and
(b) the number of gaming machines—
(i) is not more than twice the number of gaming tables used in the casino, and
(ii) is not more than 80.
(6) The Secretary of State may by regulations—
(a) define “gaming table” for the purposes of subsections (3) to (5);
(b) provide that a gaming table is to be treated as being used in a casino for the purposes of those subsections only if used—
(i) for a specified purpose,
(ii) in specified circumstances, and
(iii) to a specified extent;
(c) provide for a number of tables are to be treated as if they were a single gaming table in specified circumstances.
(7) A bingo premises licence shall, by virtue of this section, authorise the holder—
(a) to make up to four Category B gaming machines available for use on the premises,
(b) to make any number of Category C gaming machines available for use on the premises, and
(c) to make any number of Category D gaming machines available for use on the premises.
(8) A betting premises licence shall, by virtue of this section, authorise the holder to make up to four gaming machines, each of which must be of Category B, C or D, available for use.
(9) But subsection (8) applies to a betting premises licence in respect of a track only if the holder also holds a pool betting operating licence.
(10) A premises licence may not (whether by way of condition or otherwise)—
(a) make provision about the number or categories of gaming machine that may be made available for use that contradicts a provision of this section,
(b) make provision that contradicts a provision of regulations under section 236, 240 or 241, or
(c) make provision of a kind prohibited by regulations under any of those sections.
(11) The Secretary of State may by order amend a provision of this section so as to vary—
(a) the number of machines authorised by a specified kind of premises licence;
(b) the category of machines authorised by a specified kind of premises licence.
(1) The kinds of premises licence specified in subsection (2) shall by virtue of this section authorise the holder to make facilities available for betting on the outcome of a virtual game, race, competition or other event or process.
(2) Those kinds of licence are—
(a) a casino premises licence, and
(b) a betting premises licence.
(1) A casino premises licence may be issued only in respect of—
(a) a regional casino,
(b) a large casino, or
(c) a small casino.
(2) A casino premises licence shall, by virtue of this section and subject to subsections (3) and (4), authorise the holder to use the premises to make available any number of games of chance other than casino games.
(3) A casino premises licence shall, by virtue of this subsection and subject to subsection (4), authorise the holder, and any person authorised by him in writing, to use the premises for the provision of facilities for—
(a) bingo,
(b) betting, or
(c) both.
(4) In respect of a small casino, subsection (3) shall not apply in so far as it authorises bingo.
(5) The Secretary of State may by order repeal subsection (4) (and this subsection).
(6) Regulations under section 167 shall, in particular, make provision in relation to casino premises licences imposing limits in respect of machines of a kind that would be gaming machines but for section 235(2)(i); and the limits may, in particular, operate by reference to—
(a) the number of machines, or
(b) the number of players that the machines are designed or adapted to accommodate.
(7) Regulations under section 167 or 168 may, in particular, make provision in relation to casino premises licences, or in relation to a class of casino premises licence, for a condition requiring the provision of recreational or other facilities of a specified kind.
(8) Subsection (7) is without prejudice to the generality of sections 167, 168 and 169.
(1) No more than one casino premises licence may have effect at any time in respect of regional casinos.
(2) No more than eight casino premises licences may have effect at any time in respect of large casinos.
(3) No more than eight casino premises licences may have effect at any time in respect of small casinos.
(4) The Secretary of State shall, having consulted the Scottish Ministers and the National Assembly for Wales, by order make provision for determining the geographical distribution of casino premises licences within the limits specified in subsections (1) to (3); for which purpose the order shall—
(a) specify which licensing authorities may issue casino premises licences of a specified kind, and
(b) in respect of each specified authority, specify the number of casino premises licences of each kind issued by the authority that may have effect at any time.
(5) An application for a casino premises licence may not be made to a licensing authority if subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting the application.
(6) An application for a provisional statement may not be made to a licensing authority if it relates to a casino and is made at a time when subsections (1) to (3) and the order under subsection (4) would prevent the authority from granting a casino premises licence in response to an application made in reliance on the provisional statement.
(7) Schedule 9 (which makes provision about the treatment of applications for casino premises licences and provisional statements) shall have effect.
(8) The Secretary of State may by order—
(a) amend any of subsections (1), (2) and (3) so as to substitute a new maximum number of casino premises licences;
(b) repeal any of subsections (1), (2) and (3).
(1) The Commission shall issue one or more codes of practice under section 24 about access to casino premises for children and young persons.
(2) The code or codes issued in accordance with subsection (1) shall, in particular—
(a) require the holder of a casino premises licence to take specified steps to ensure that no child or young person enters premises or a part of premises which it would be an offence under section 47 to permit him to enter (“prohibited premises or areas”),
(b) for that purpose, require the holder of a casino premises licence to ensure—
(i) that each entrance to prohibited premises or to a prohibited area is supervised by one or more persons whose responsibilities include ensuring compliance with the code of practice (“the supervisor”), and
(ii) that arrangements are made to require evidence of age to be produced by any person seeking admission to prohibited premises or to a prohibited area unless the supervisor, reasonably, is certain that the person seeking admission is an adult, and
(c) make provision about the nature of evidence that may be used for the purpose of arrangements made in accordance with paragraph (b)(ii).
(3) A casino premises licence shall by virtue of this section be subject to the condition that the licensee ensures compliance with any relevant code of practice issued in accordance with subsection (1).
(1) This section applies to—
(a) casino premises licences, and
(b) bingo premises licences.
(2) A premises licence to which this section applies shall by virtue of this section be subject to the condition that the licensee does not—
(a) give credit in connection with gambling authorised by the licence, or
(b) participate in, arrange, permit or knowingly facilitate the giving of credit in connection with gambling authorised by the licence.
(3) But the condition in subsection (2) shall not prevent the licensee from permitting the installation and use on the premises of a machine enabling cash to be obtained on credit from a person (the “credit provider”) provided that—
(a) the licensee has no other commercial connection with the credit provider in relation to gambling,
(b) the licensee neither makes nor receives any payment or reward (whether by way of commission, rent or otherwise) in connection with the machine, and
(c) any conditions about the nature, location or use of the machine attached by virtue of section 167, 168 or 169 are complied with.
(4) In this section “credit” has the same meaning as in section 81.
(1) Where a condition for door supervision is attached to a premises licence (whether by virtue of section 167, 168 or 169) subsection (3) shall apply in relation to the licence.
(2) In subsection (1) “condition for door supervision” means a condition requiring that one or more persons be responsible for guarding the premises against unauthorised access or occupation, against outbreaks of disorder or against damage.
(3) If the person carrying out the guarding mentioned in subsection (2) is required by the Private Security Industry Act 2001 (c. 12) to hold a licence under that Act authorising the guarding, the requirement under that Act shall be treated for the purposes of this Act as if it were a condition of the premises licence attached by virtue of this section.
(1) A betting premises licence in respect of a track may not authorise the acceptance of bets by way of pool betting except in a case to which subsection (2) applies.
(2) This subsection applies to the acceptance of bets, by way of pool betting on horse-racing or dog-racing—
(a) by the holder of the betting premises licence, or
(b) in accordance with arrangements made by him.
(3) The Secretary of State may by order amend this section so as to—
(a) add an exception to subsection (1),
(b) amend an exception to subsection (1), or
(c) remove an exception to subsection (1).
(1) A betting premises licence in respect of premises other than a dog track shall by virtue of this section be subject to the condition that pool bets may not be accepted in reliance on the licence in respect of dog-racing other than in accordance with arrangements made with the occupier of the dog track on which the racing takes place.
(2) The Secretary of State may by order repeal this section.
(3) A repeal by order under subsection (2) shall cause the condition attached by subsection (1) to premises licences in force on the date of the repeal to lapse in respect of anything done on or after the date of the repeal.
(4) This section shall cease to have effect at the end of 31st December 2012 (and the condition attached by subsection (1) to premises licences in force on that date shall lapse in respect of anything done after that date).
(1) A condition of a betting premises licence may relate to—
(a) the number of machines used on the premises for the purpose of making or accepting bets;
(b) the nature of those machines;
(c) the circumstances in which those machines are made available for use.
(2) A condition of a casino premises licence may relate to—
(a) the number of machines used on the premises for the purpose of making or accepting bets;
(b) the nature of those machines;
(c) the circumstances in which those machines are made available for use.
(3) In this section “condition” means a condition imposed by virtue of section section 167, 168 or 169.
(1) A premises licence in respect of a track shall by virtue of this section be subject to the condition that the licensee shall ensure that children and young persons are excluded from—
(a) any area where facilities for betting are provided, and
(b) any area where a gaming machine, other than a Category D machine, is situated.
(2) But subsection (1)(a)—
(a) shall not apply to a dog track on a day on which dog-racing takes place, or is expected to take place, on the track, and
(b) shall not apply to a horse-race course on a day on which horse-racing takes place, or is expected to take place, on the course.
(3) For the purposes of this section a reference to the area where facilities are provided or where a machine is situated is a reference to any place in which it is possible to take advantage of the facilities or use the machine.
(4) The Secretary of State may by order amend this section so as to—
(a) provide an additional exception to subsection (1)(a),
(b) remove an exception to subsection (1)(a), or
(c) amend an exception to subsection (1)(a).
A premises licence shall, by virtue of this section, be subject to the condition that the premises shall not be used to provide facilities for gambling on Christmas Day.
(1) The holder of a premises licence—
(a) shall pay a first annual fee to the licensing authority within such period after the issue of the licence as may be prescribed, and
(b) shall pay an annual fee to the licensing authority before each anniversary of the issue of the licence.
(2) In this section “annual fee” means a fee of such amount as may be prescribed; and “prescribed” means prescribed by regulations made—
(a) in relation to premises licences issued by authorities in England and Wales, by the Secretary of State, and
(b) in relation to premises licences issued by authorities in Scotland, by the Scottish Ministers.
(3) Regulations prescribing the annual fee may, in particular, make different provision for—
(a) licences authorising different classes of activity, or
(b) different circumstances.
(4) The Secretary of State may by regulations—
(a) require a licensing authority to refund a prescribed part of an annual fee paid under this section where a premises licence ceases to have effect otherwise than on or immediately before an anniversary of its issue,
(b) require a licensing authority to refund a prescribed part of an annual fee paid under this section if a premises licence is altered under section 186, 187, 188 or 202 and the annual fee for the licence as altered is less than the annual fee for the licence before alteration, and
(c) require a licensee to pay an additional amount by way of annual fee if a premises licence is altered under section 186, 187, 188 or 202 and the annual fee for the licence as altered is more than the annual fee for the licence before alteration.
(5) In relation to premises licences issued by authorities in Scotland, subsection (4) shall have effect as if the reference to the Secretary of State were a reference to the Scottish Ministers.
(6) Subsection (1)(b) does not apply in relation to an anniversary of the issue of a licence on or immediately before which the licence expires in accordance with regulations under section 191(1).
(1) The holder of a premises licence shall—
(a) keep the licence on the premises, and
(b) arrange for the licence to be made available on request to—
(i) a constable,
(ii) an enforcement officer, or
(iii) an authorised local authority officer.
(2) A person commits an offence if he fails without reasonable excuse to comply with subsection (1).
(3) A person guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) If the holder of a premises licence ceases to reside or attend at the address specified in the licence under section 151(1)(b) he shall as soon as is reasonably practicable—
(a) notify the licensing authority, and
(b) inform the licensing authority of a home or business address at which he resides or attends.
(2) The Secretary of State may make regulations requiring the holder of a premises licence—
(a) to notify the licensing authority of any change of circumstance of a prescribed kind in relation to him or to an authorised activity, and
(b) to give the licensing authority prescribed details of the change.
(3) If a change of circumstance notified under or by virtue of this section falsifies information contained in the premises licence in accordance with section 151, the notification must be accompanied by—
(a) the prescribed fee, and
(b) either—
(i) the licence, or
(ii) an application under section 190 for a copy of the licence.
(4) Where notification is accompanied by the licence, the licensing authority shall—
(a) make such alteration to the information contained in the licence as appears to them to be required by the change in circumstance, and
(b) return the licence to the licensee.
(5) Where the notification is accompanied by an application for a copy of the licence, the licensing authority shall, if they grant the application, issue the copy in a form which appears to them to reflect the change in circumstance.
(6) The holder of a premises licence commits an offence if he fails without reasonable excuse to comply with a provision of this section or of regulations made under this section.
(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(8) This section does not prevent the imposition of a requirement to notify the licensing authority of a specified change of circumstance by way of the attachment of a condition to a premises licence.
(9) In subsection (3)(a) “prescribed” means—
(a) in relation to notification given to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and
(b) in relation to notifications given to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.
(1) The holder of a premises licence may apply to the licensing authority to vary the licence by—
(a) adding, amending or removing an authorised activity,
(b) amending another detail of the licence,
(c) excluding a condition attached by virtue of section 168, or
(d) adding, amending or removing a condition attached to the licence under section 169.
(2) A licence may not be varied under this section so as to relate to premises to which it did not previously relate.
(3) The provisions of this Part shall apply in relation to an application for variation as they apply in relation to an application for a premises licence—
(a) subject to the provisions of this section, and
(b) with any other necessary modifications.
(4) Regulations under this Part which relate to an application for a premises licence may make—
(a) provision which applies only in the case of an application for variation;
(b) provision which does not apply in the case of an application for variation;
(c) different provision in relation to an application for variation from that made in relation to an application for a premises licence;
(d) different provision in relation to applications for variations of different kinds.
(5) An application for variation must (in addition to anything required by section 159) be accompanied by a statement of the variation sought.
(6) An application for variation must (in addition to anything required by section 159) also be accompanied by —
(a) the licence to be varied, or
(b) both—
(i) a statement explaining why it is not reasonably practicable to produce the licence, and
(ii) an application under section 190 for the issue of a copy of the licence.
(7) In granting an application for variation a licensing authority—
(a) shall specify a time when the variation shall begin to have effect, and
(b) may make transitional provision.
(1) A person may apply to a licensing authority for a premises licence to be transferred to him.
(2) The provisions of this Part shall apply in relation to an application for transfer as they apply in relation to an application for a premises licence—
(a) subject to the provisions of this section and section 189, and
(b) with any other necessary modifications.
(3) An application for transfer must (in addition to anything required by section 159)—
(a) specify the time when the transfer is to take effect, and
(b) be accompanied by a written statement by the licensee consenting to the transfer.
(4) A licensing authority shall grant an application for transfer unless they think it would be wrong to do so having regard to representations made under section 161 (as applied by subsection (2) above).
(5) On the grant of an application for the transfer of a premises licence the licensing authority—
(a) shall alter the licence so that the applicant for the transfer becomes the licensee,
(b) shall specify in the licence the time when the transfer takes effect (being either the time specified in the application under subsection (3) above or, if later, the time when the application is granted), and
(c) shall make such other alteration of the licence as appears to them to be required (which may, in particular, include an alteration to reflect a decision of the authority under section 169 as applied by subsection (2) above to make new or varied provision for the attachment or exclusion of conditions).
(6) A licence to which a condition is attached under section 169 for the purpose of giving effect to an agreement entered into under paragraph 5(3)(b) of Schedule 9 (“the original agreement”) shall not be transferred unless—
(a) the transferee enters into an agreement (“the new agreement”) which appears to the licensing authority to have substantially the same effect as the original agreement, and
(b) the condition is altered so as to give effect to the new agreement.
(1) If an application for transfer under section 188 states that the applicant has failed to contact the licensee having taken all reasonable steps to do so, the licensing authority shall—
(a) disapply section 188(3)(b) and take all reasonable steps to notify the licensee, or
(b) determine not to disapply section 188(3)(b) and notify the applicant of their determination and the reasons for it.
(2) An application for transfer must (in addition to anything required by section 159) be accompanied by—
(a) the licence, or
(b) both—
(i) a statement explaining why it is not reasonably practicable to produce the licence, and
(ii) an application by the licensee under section 190 for the issue of a copy of the licence.
(3) In relation to an application for transfer to which subsection (1) applies, for the purposes of any application under section 190 required in accordance with subsection (2)(b)(ii) above—
(a) the application under that section shall be made by the applicant for transfer, and
(b) a reference to the licence being lost, stolen or damaged shall be treated as a reference to the licence being unavailable to the applicant for transfer.
(4) Regulations under section 160, as they have effect in relation to applications for transfer by virtue of section 188(2), may require notice to be given to specified responsible authorities (and not to all responsible authorities).
(5) Section 161 shall have effect in relation to an application for transfer with the omission of the reference to interested parties.
(6) If an application for the transfer of a premises licence includes a request that this subsection apply, the licence shall have effect as if the applicant for transfer were the licensee during the period—
(a) beginning with the receipt of the application for transfer by the licensing authority, and
(b) ending with the determination of the application by the licensing authority.
(1) Where a premises licence issued, or a summary given, under section 164 is lost, stolen or damaged, the licensee may apply to the licensing authority for a copy.
(2) An application under subsection (1) must be accompanied by the prescribed fee.
Gambling Act 2005