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Gaming Permits Guidance Notes

Is there an automatic entitlement to Gaming Machines?

Section 282 of the Gambling Act 2005 ("the Act") provides an automatic entitlement to make available two gaming machines (of category C or D - see 4. below for details) for use in alcohol licensed premises. To take advantage of this entitlement, the person who holds the on-premises licence issued under the Licensing Act 2003 ("the LA03") must give notice to us of their intention to make gaming machines available for use, and must pay the prescribed fee.

This is not an authorisation procedure - we have no discretion to consider the notification or turn it down. We can, however, remove the automatic authorisation in respect of any particular premises by making an order under section 284. That section provides for us to make such an order if:

  • provision of the machines is not reasonably consistent with the pursuit of the licensing objectives;
  • gaming has taken place on the premises that breaches a condition of section 282; for example, the gaming machines have been made available in a way that does not comply with requirements on the location and operation of gaming machines;
  • the premises are mainly used for gaming; or
  • an offence under the Gambling Act has been committed on the premises.

Before making an order we must give the Licence Holder at least 21 days' notice of the intention to make the order and we must consider any representations that they may make. We must hold a hearing if the Licence Holder requests one and we must comply with any other procedural requirements set out in regulations. If there is no appeal, then the order will take effect 21 days after notice of the intention was given. We must give the Licence Holder a copy of the order and written reasons for making it. There is appeal against this decision to the magistrates' court.

How many Gaming Machines can I have?

We may issue licensed premises gaming machine Permits for any number of category C or D machines in licensed premises. Where a Permit authorises the making available of a specified number of gaming machines in particular premises, this will effectively replace, and not be in addition to, the automatic entitlement outlines above.

Who can apply for this type of Permit?

Applications must be made by the person or organisation who holds the LA03 "on premises" alcohol licence for the premises for which the Permit application is being made. The application must be made to the authority in whose area the premises are wholly or partly situated.

However, an application may not be made if a Premises Licence, issued under the Gambling Act, is in effect at the premises.

What are the categories of machines available?

Machines Available
Category of Machine Maximum "Stake" Maximum Prize
C 50p £100
D 20p £10 money prize
£20 non-money prize

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