Gambling Premises Licence
Gambling Act 2005 - Statement of Principles
Gambling Act Statement of Principles 2022 This document commenced on 31st January 2022 and will expire on 30th January 2025.
We grant premises licences to existing operating licence holders. Facilities for gambling can be made available on licensed premises. Premises that can be licensed for gambling include:
- Casino premises.
- Bingo premises.
- Betting premises (including tracks).
- Adult gaming centres (Category B,C and D Gaming Machines).
- Family entertainment centres (Category C and D Gaming Machines).
If you intend to run any of the above types of business from a premise you will require a Premises Licence from the Licensing Authority and an Operating Licence from the Gambling Commission.
Only one Premises Licence may be issued for any particular premises at any one time although the licence may authorise more than one type of gambling. (There is an exemption for tracks).
A Premises Licence may be obtained for passenger vessels such as pleasure boats and floating restaurants but not for vehicles.
NB: Gloucester is not currently on the Government's approved list of casinos.
How to apply
An application may only be made by persons who:-
- Are over 18 years of age
- Have a right to occupy the premises
- Hold, or have applied for, an operating licence for the proposed activities from the Gambling Commission
The application must be made on the prescribed form. Forms are available from the websites of the DCMS or from the Licensing Authority (City Council).
Applicants are obliged to give notice of their application by means of:-
- Publishing a notice in a local newspaper or newsletter at least once within 10 days of making the application.
- Displaying a notice on the outside of the premises where it can be conveniently read and is clearly visible.
- Copying the notice to all Responsible Authorities within 7 days of making the application.
See below for copies of notices:-
Notice of Application for a Premises Licence (one applicant)
Notice of Application for a Premises Licence (more than one applicant)
The notice period is 28 consecutive days during which time representations concerning the application may be made to the Licensing Authority by either one or more of the Responsible Authorities or by 'interested parties'.
Where no representations have been made the Licensing Officer may determine the application and either grant or reject it.
Each application must be accompanied by the fee and a plan of the premises:
- Send the licence application, plan of the premises, and fee to the Licensing Unit.
- Publish a prescribed notice of application in a local newspaper within 10 working days of making your application.
- Publish the same prescribed notice of application on the premises, where it can be read by the public from outside. The notice must stay for 28 days, starting from when the application is made
For all premises:-
- the extent of the boundary/perimeter of the premises.
- Where the premises inlcude, or consist of, one or more buildings, the location of any external or internal walls of each such building.
- Where the premises form part of a building, the location of any external or internal walls of the building which are included in the premises.
- Where the premises are a vessel or a part of a vessel, the location of any part of the sides of the vessel, and of any internal walls of the vessel, which are included in the premises.
- The location of each point of entry to and from the premises, including in each case a description of the place from which entry is made or to which the exit leads.
Depending on the type of premises additional information may be required as follows:-
- The principal entrance and where it leads to
- The table gaming area
- The non gaming area
- The location of any other area to be used for gambling
- The location of any part of the premises which will be used for gaming other than that used for Gaming Machines
- Location of category B and C Gaming Machines
- The nature and location of any barrier separating Gaming Machines from other parts of the premises
Adult Gaming Centres
- The location of Gaming Machines
Family Entertainment Centres
- The location of category C Gaming Machines
- The location of category D Gaming Machines
- The nature and location of any barrier separating category C Gaming Machines from other parts of the premises.
These are public bodies with an interest in the application and in whose area the premises are situated.
These are defined in the Gambling Act as persons who:-
- Live sufficiently close to the premises to be likely affected by the authorised activities.
- Have business interests that might be affected by the authorised activities.
- Represent persons in either of these two groups.
Where representations have been received, the Licensing Authority must determine whether or not they are admissible and whether or not they are relevant. A representation is inadmissible if it is not made by a Responsible Authority or an Interested Party.
Relevant representations are those that are concerned with issues relating to the Gambling Commissions Guidance, codes of Practice, The Licensing Authority's Statement of Principles and to the 3 licensing objectives.
Where admissible and relevant representations have been made and not withdrawn following any conciliation then a Hearing of the Council's Licensing and Enforcement Committee must be held in order to determine the licence application.
The Licensing Officer or Committee may decide one of the following:-
To grant the licence as applied for
- To refuse the application
- To grant the licence but amend the 'default conditions'
- To grant the licence with individual conditions
The Gambling Act provides for three types of conditions:-
For details of the mandatory and default conditions relating to the different types of premises click here. Individual conditions are those considered appropriate to individual premises under specific circumstances and may include such things as the provision of CCTV.
Grant of the licence
Before the licence may be granted the Licensing Authority must confirm that the applicant has been issued an Operating Licence by the Gambling Commission for the activities to which the premises licence application relates.
Notice of grant is then given to the following:-
- The Applicant
- The Gambling Commission
- Persons who made representations
- The Chief of Police
- H.M Revenue and Customs
The premises licence is issued to the Applicant together with a summary of the terms and conditions and any relevant codes of practice or guidance published by the Gambling Commission.
The summary licence is the notice which must at all times be displayed on the premises itself.
If an application is rejected then the Licensing Authority must give notice to that effect to those persons to whom the notice of grant would have been issued and must also provide the Authority's reasons for rejecting the application.
Appeals against decisions of the Gambling Commission (e.g. refusal to issue Operating or Personal Licences) must be made to the Gambling Appeals Tribunal.
Appeals against decisions made by Licensing Authorities must be made to the local Magistrates' Court for the area in which the premises is situated.
For further information about appeals contact the Community Wellbeing Team
Telephone: 01452 396396