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Gambling Policy

Last updated on: 25-Nov-2020

1. Overview

Gravesham and Medway council logos

The Licensing Objectives

In exercising most of their functions under the Gambling Act 2005, licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:

  1. Preventing gambling from being a source of crime or disorder, being associated with crime or 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

This Licensing Authority is aware that, as per Section 153, in exercising its functions under Part 8 of the Act it should aim to permit the use of premises in so far as it thinks it is:

  • In accordance with any relevant code of practice issued by the Gambling Commission;
  • In accordance with any relevant guidance issued by the Gambling Commission;
  • Reasonably consistent with the licensing objectives and;
  • In accordance with the Authority’s Statement of Licensing Policy

Introduction

Gravesham Borough Council is situated in the County of Kent, which contains 12 District Councils and 1 Unitary Authority in total.

Each is represented on the Kent & Medway Regulatory Licensing Steering Group (K&MRLStGp) whose role includes the identification of issues on which a consistent countywide approach is considered essential and the formulation of recommended policy that establishes a minimum standard on these identified issues.

This policy is an updated version of that originally formulated by the K&MRLStGp.

Licensing authorities are required by the Gambling Act 2005 to publish a statement of the principles that they propose to apply when exercising their functions. This statement must be published at least every three years. The statement can also be reviewed from “time to time” and the amended parts re-consulted upon. The statement must then be re-published.

In determining its policy the licensing authority must have regard to Gambling Commission Guidance, principally the Guidance to Licensing Authorities (GLA), and will give appropriate weight to the views of those it has consulted.

Consultation

The Gambling Act requires that the following parties be consulted by Licensing Authorities:

  • The Chief Officer of Police
  • One or more persons who appear to the authority represent the interests of persons carrying on gambling businesses in the authority’s area
  • One or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority’s functions under the Gambling Act 2005

Gravesham Borough Council consulted widely on this policy statement, between 11 September 2018 and 23 October 2018, before finalising and publishing it. The full list of persons this authority consulted is provided at Appendix 4.

In determining its Statement of Licensing Policy the licensing authority must have regard to the Gambling Commission’s guidance for local authorities, and having regard to that guidance will give appropriate weight to the views of those it has consulted. In determining what weight to give to particular representations, the factors to be taken into account included:

  • who is making the representation (what if their expertise or interest);
  • relevance of the factors to the licensing objectives
  • how many other people have expressed the same or similar views;
  • how far the representation relate to matters the licensing authority should be including in its Statement of Licensing Policy

The full list of comments made, the consideration of them by the Council and the reasons given for decisions made in drafting the policy following consultation are available to view on the council’s website.

The policy was approved at a meeting of the Full Council on 18 December 2018 and published on the council’s website and in the Civic Centre on 3 January 2019.

This policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence. Each application or representation will be considered on its own merits and according to the statutory requirements of the Gambling Act 2005 and the Guidance issued by the Gambling Commission (the Guidance).

Declaration

In producing this final licensing policy statement, this licensing authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the Guidance issued by the Gambling Commission and any responses from those consulted on the policy statement.

The Borough of Gravesham

Gravesham Borough Council maintains a Community Profile on its website.

The Gravesham Community Profile is a resource for users to explore key statistical information about the borough and its community.

The findings from this data help us understand the type and scale of local community need. That knowledge forms part of the evidence base with which to design our Corporate Plan, and associated policies, and enables us to make fully informed decisions when planning effective service interventions.

Profiling is a continuous process as the council seeks to identify any emerging trends within the community. The information outlined in these pages will therefore be reviewed on a regular basis to ensure the latest and most accurate data is captured for analysis and service planning.

Operators and Local Risk Assessments

Gambling businesses are required to have an operator licence issued by the Gambling Commission before they can operate in Great Britain.

An operator licence gives a general authorisation for a business to provide gambling facilities, but a business wishing to provide non-remote gambling facilities in a licensing authority area is required to apply for a premises licence that is specific to those particular premises.

All operators are required to comply with conditions attached to both their operator and individual premises licences, and with the Commission’s social responsibility (SR) code of practice provisions, which have the force of licence conditions.

They are also expected to comply with ordinary code (OC) provisions, which are intended to set out the best industry practice, unless they have alternative arrangements in place that they can demonstrate are equally effective. OC provisions do not have the status of licence conditions but failure to take account of them can be used as evidence in criminal or civil proceedings.

The Licence Conditions and Codes of Practice (LCCP) sets out the Gambling Commission’s general licence conditions and associated code of practice provisions. In April 2015, significant new responsibilities for operators were introduced in relation to their local premises which aim to improve the exchange of information between licensing authorities and operators:

  • Social Responsibility code 10.1.1 which requires operators of premises-based businesses to assess the local risks to the licensing objectives posed by the provision of gambling facilities at each of their premises, and have policies, procedures and control measures to mitigate those risks; taking into account relevant matters identified in the licensing authority’s statement of licensing policy, and;
  • Ordinary Code 10.1.2 which states that licensees should share their risk assessments with licensing authorities when applying for a premises licence or applying for a variation to existing licensed premises, or otherwise on request.

As part of their requirements under SR code provision 10.1.1, operators must review (and update as necessary) their local risk assessments:

  1. to take account of significant changes in local circumstances, including those identified in a licensing authority’s statement of licensing policy;
  2. when there are significant changes at a licensee’s premises that may affect their mitigation of local risks;
  3. when applying for a variation of a premises licence; and
  4. in any case, undertake a local risk assessment when applying for a new premises licence.

Both of these provisions (SR 10.1.1 and OC 10.1.2) came into force on 6 April 2016.

This licensing authority has consequently required these risk assessments to be submitted for all gambling premises applications for new and variation applications, or otherwise upon request, from this date. Operators will therefore need to ensure that their local risk assessments are kept on the premises to enable it to be produced to an authorised officer upon request and to better ensure that staff has access to, and are familiar, with it.

Local Area Profile

The draft guidance suggests that, like operators, licensing authorities complete and map their own assessment of local risks and concerns by developing local area profiles to help shape their statements; although there is no requirement to do this.

In simple terms, the objective of a local area profile in this context is to set out what an area is like, what risks this might pose to the licensing objectives, and what the implications of this are for the licensing authority and operators.

Licensing authorities may wish to include local area profiles within their statements. Alternatively, they can reference the implications of local area profiles for their regulatory approach in the statement, but maintain the actual profiles separately in order to enable them to be updated without the need to re-consult on amending the full statement of principles.

Gravesham’s area is subject to ongoing change and development. It is not therefore considered appropriate to include a local area profile within the body of this policy as this would only represent a snapshot of its profile at a given point in time and require re-consultation whenever updated.

At the time of publishing this document, this Licensing Authority does not have evidence suggesting any specific issues within its area or sufficient data with which to produce a suitably detailed local area profile. If the need to develop a local area profile arises, this will be done outside the scope of this document and updated as appropriate. Any local area profile will be available to view alongside this policy on our website

Casinos

Proposal for a casino – This licensing authority did not submit a proposal for a premises licence for a small casino

No Casinos resolution – Section 166 of the Gambling Act 2005 gives a Licensing Authority the ability to resolve not to issue casino premises licences. This licensing authority passed a ‘no casino’ resolution at a meetings of Full Council on December 2012, 8 December 2015 and 18 December 2018.

Functions

Licensing Authority Functions

Licensing Authority Functions
Function Who deals with it
Be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences Licensing Authority
Issue Provisional Statements Licensing Authority
Regulate members’ clubs and miners’ welfare institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits Licensing Authority
Issue Club Machine Permits to Commercial Clubs Licensing Authority
Grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres Licensing Authority
Receive notifications from alcohol licensed premises (under the Licensing Act 2003) of the use of two or less gaming machines Licensing Authority
Grant Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises, under the Licensing Act 2003, where more than two machines are required Licensing Authority
Register small society lotteries below prescribed thresholds Licensing Authority
Issue Prize Gaming Permits Licensing Authority
Receive and Endorse Temporary Use Notices Licensing Authority
Receive Occasional Use Notices Licensing Authority
Provide information to the Gambling Commission regarding details of licences issued (see section above on ‘information exchange) Licensing Authority
Maintain registers of the permits and licences that are issued under these functions Licensing Authority

Gambling Commission Functions

Gambling Commission Functions
Function Who deals with it
Issue and renewal of Operating Licences G Gambling Commission
Review Operating Licences Gambling Commission
Issue Personal Licences Gambling Commission
Issue Codes of Practice Gambling Commission
Issue Guidance to Licensing Authorities Gambling Commission
Licence remote gambling through Operating Licences Gambling Commission
Issue licences in relation to the manufacture, supply, installation, adaptation, maintenance or repair of gaming machines Gambling Commission
Deal with appeals against Commission decisions Gambling Appeals Gambling Appeals Tribunal

The Licensing Authority is not responsible for remote gambling. This will fall to the Gambling Commission via Operating Licences

Concerns about manufacture, supply or repair of gaming machines will not be dealt with by the licensing authority but will be notified to the Gambling Commission.

Responsible Authorities

In exercising this licensing authority’s powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm, the following principles have been applied:

  • the need for the body to be responsible for an area covering the whole of the licensing authority’s area
  • the need for the body to be answerable to democratically elected persons, rather than any particular vested interest group etc.

In accordance with the Gambling Commission’s draft Guidance for local authorities this authority designates the following for this purpose:

Kent Safeguarding Children Board
Room 2.60, 2nd Floor
Sessions House
County Hall
Maidstone
ME14 1XQ

The contact details of all the Responsible Bodies under the Gambling Act 2005 are available in Appendix 3 and on our website.

Interested Parties

Interested parties can make representations about licence applications, or apply for a review of an existing licence. These parties are defined in the Gambling Act 2005 as someone who, in the opinion of the licensing authority which issues the licence or to which the application is made, -

  1. lives sufficiently close to the premises to be likely to be affected by the authorised activities,
  2. has business interests that might be affected by the authorised activities, or
  3. represents persons who satisfy numbers 1 or 2.

The licensing authority is required by regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an interested party. The principles are:

Each case will be decided upon its merits. This authority will not apply a rigid rule to its decision-making. It will however consider the following matters as recommended by the Guidance to local authorities:

  • the size of the premises
  • the nature of the premises
  • the distance of the premises from the location of the person making the representation
  • the potential impact of the premises (number of customers, routes likely to be taken by those visiting the establishment); and
  • the nature of the complainant. (not the personal characteristics of the complainant but the interests of the complainant, which may be relevant to the distance from the premises. For example, it could be reasonable for an authority to conclude that “sufficiently close to be likely to be affected” could have a different meaning for (a) a private resident (b) a residential school for children with truanting problems and (c) residential hostel for vulnerable adults).
  • the catchment area of the premises (i.e. how far people travel to visit); and
  • whether the person making the representation has business interests in that catchment area, that might be affected.

It will also consider the Gambling Commission’s Guidance that “has business interests” should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.

The Gambling Commission has emphasised to licensing authorities, that ‘demand’ cannot be a factor in decisions.

Guidance also states that moral objections to gambling are not a valid reason to reject applications for premises licences. This is because such objections do not relate to the licensing objectives (Guidance to Licensing Authorities).

The Gambling Commission has also recommended that the licensing authority state that interested parties include trade associations and trade unions, and residents’ and tenants’ associations. This authority will not however generally view these bodies as interested parties unless they have a member who can be classed as one under the terms of the Gambling Act 2005 i.e. lives sufficiently close to the premises to be likely to be affected by the authorised activities.

Interested parties can be represented by other persons such as Ward Councillors, Councillors for the Division, MP’s etc. Councillors who are part of the Licensing Committee dealing with the licence may not be able to represent an interested party. They may recommend another councillor who may help. If an interested party needs advice on this matter they should contact the Council’s Democratic Services section committee.section@gravesham.gov.uk.

Exchange of Information

The Guidance requires local authorities to include a section within their Statements of Policy which sets out, “the principles to be applied by the authority in exercising the functions under Sections 29 and 30 of the Act with respect to the exchange of information between it and the Commission, and the functions under section 350 of the Act with respect to the exchange of information between it and the other persons listed in Schedule 6 of the Act.”

In holding and exchanging information with other bodies during the exercise of its functions under the Act this licensing authority will act in accordance with the provisions of the Act, the Data Protection principles as set out in the General Data Protection Regulation, Data Protection Acts, and its duties under the Freedom of Information Act 2000.

This licensing authority will also have regard to any Guidance issued by the Gambling Commission to Local Authorities on this matter as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005

Any protocols established with regard to information exchange with other bodies will be made available.

Enforcement

Licensing authorities are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified.

The Kent & Medway Licensing Steering Group has formulated a Compliance and Enforcement Protocol which each Licensing Authority and Responsible Authority has agreed. The purpose of this protocol is to facilitate co-operation and co-ordination between enforcement agencies in pursuance of both the Gambling Act 2005 and the Licensing Act 2003. It will underpin the mutual operational support required to tackle licensing issues.

This licensing authority’s principles are that it will:

  • Act in accordance with the relevant legislation and guidance from the Gambling Commission;
  • Have due regard to the Kent & Medway Licensing Steering Group’s ‘Compliance and Enforcement Protocol’
  • Adopt the principles of better regulation set out in the Regulators’ Code, and;
  • Endeavour to avoid duplication with other regulatory regimes so far as possible

In doing so, this authority will endeavour to be:

Proportionate

Regulators should only intervene when necessary: remedies should be appropriate to the risk posed, and costs identified and minimised;

Accountable

Regulators must be able to justify decisions, and be subject to public scrutiny;

Consistent

Rules and standards must be joined up and implemented fairly;

Transparent

Regulators should be open, and keep regulations simple and user friendly; and

Targeted

Regulation should be focused on the problem, and minimise side effects

Additionally, this authority recognises the importance of not placing unnecessary regulatory burdens upon businesses and will aim to carry out its regulatory activities in a way that supports compliance and growth.

The main enforcement and compliance role for this licensing authority in terms of the Gambling Act 2005 will be to ensure compliance with the Premises Licences and other permissions which is authorises.

The Gambling Commission will be the enforcement body for the Operator and Personal Licences.

It is also worth noting that concerns about manufacture, supply or repair of gaming machines are not dealt with by the Licensing Authority but should be notified to the Gambling Commission.

Appendix 1 - Permits

This Appendix outlines factors to be taken into account when considering applications for premises licences, permits and other permissions including matters that will be considered when determining whether to review a licence.

Appendix 1 - Permits Page

Appendix 2 – Premises Licences

Appendix 2 – Premises Licences Page

Appendix 3 – Responsible Authorities Contact Details

Licensing Authority, Regulatory Services, Gravesham Borough Council, Civic Centre, Windmill Street, Gravesend, Kent, DA12 1AU
Website: www.gravesham.gov.uk
Email: licensing@gravesham.gov.uk
Phone: 01474 33 72 52

Gravesham Borough Council, Environmental Protection, Regulatory Services, Gravesham Borough Council, Civic Centre, Windmill Street, Gravesend, Kent, DA12 1AU
Website: www.gravesham.gov.uk
Email: environmentalprotection.admin@gravesham.gov.uk
Phone: 01474 33 73 34

Gambling Commission, Victoria Square House, Victoria Square, Birmingham, B2 4BP
Website: www.gamblingcommission.gov.uk
Email: info@gamblingcommission.gov.uk
Phone: 0121 230 6500

For premises where H&S is enforced by GBC e.g. shops, pubs, clubs, etc. Gravesham Borough Council, Commercial Section (Health & Safety), Regulatory Services, Civic Centre, Windmill Street, Gravesend, Kent, DA12 1AU
Website: www.gravesham.gov.uk
Email: commercialhealth.admin@gravesham.gov.uk
Phone: 01474 33 73 34

North Kent Police Licensing, Medway Police Station, Purser Way, Gillingham, Kent, ME7 1NE
Email: licensing.north.division@kent.pnn.police.uk
Phone: 01634 79 27 33

Kent Safeguarding Children Board, Room 2.60, 2nd Floor, Sessions House, County Hall, Maidstone, ME14 1XQ
Email: kscb@kent.gov.uk
Phone: 03000 421126

West Kent Fire Safety Office, Dartford Fire Station, Watling Street, Dartford, Kent, DA2 6EG
Website: www.kent.fire-uk.org
Email: licensing@kent.fire-uk.org
Phone: 01322 22 42 29

HM Revenue and Customs, Excise Processing Teams, Gambling Duties, BX9 1GL
Email: NRUBetting&Gaming@hmrc.gsi.gov.uk
Phone: 0300 322 7072 (option 7)

Gravesham Borough Council, Planning and Regeneration Services, Civic Centre, Windmill Street, Gravesend, Kent, DA12 1AU
Website: www.gravesham.gov.uk
Email: planning.admin@gravesham.gov.uk
Phone: 01474 33 73 91

Appendix 4 – List of Consultees

  • All Ward Councillors
  • Parish Councils
  • All bodies designated under s.157 of the Act as Responsible Authorities
  • Kent County Council Trading Standards
  • Association of British Bookmakers
  • National Casino Forum
  • British Amusement Catering Trade Association
  • Bingo Association
  • The British Horseracing Authority Limited
  • The Greyhound Board of Great Britain
  • British Beer and Pub Association
  • British Institute of Innkeeping
  • Gamblers Anonymous UK
  • Gamcare
  • Be Gamble Aware
  • National Problem Gambling Clinic
  • Responsible Gambling Trust
  • Samaritans
  • Citizen Advice Bureaux
  • Gordon Moody Association
  • The Grand
  • K Johnson Bookmakers
  • B Smith
  • Coral
  • Ladbrokes
  • Power Leisure Bookmakers Ltd (Paddy Power)
  • Pridmore
  • Betfred
  • Luxury Leisure
  • The Public

Appendix 5 – Machine Entitlements

Machine Entitlements
Premises Type Machine Category
A B1 B2 B3 B4 C D
Large Casino
(machine/table ratio of 5-1 up to maximum)
Maximum of 150 machines
Any combination of machines in categories B to D (except B3A machines), within the total limit of 150 (subject to machine/table ratio)
Small Casino
(machine/table ratio of 2-1 up to maximum)
Maximum of 80 machines
Any combination of machines in categories B to D (except B3A machines), within the total limit of 80 (subject to machine/table ratio)
Pre-2005 act Casino
(no machine/table ratio)
Maximum of 20 machines categories B to D (except B3A machines),
or any number of C or D machines instead
Betting Premises and Tracks Occupied by Pool Betting Maximum of 4 machines categories B2 to D (except B3A machines)
Bingo Premises [1] Maximum of 20% of the total number of gaming machines which are available for use on the premises categories B3 or B4 No limit on category C or D machines
Adult Gaming Centre [2] Maximum of 20% of the total number of gaming machines which are available for use on the premises categories B3 or B4 No limit on category C or D machines
Licensed Family Entertainment Centre [3] No limit on category C or D machines
Family Entertainment Centre (with permit) [3] No limit on category D machines
Clubs or Miners Welfare Institute (with permits) [4] Maximum of 3 machines in categories B3A or B4 to D
Qualifying Alcohol Licensed Premises 1 or 2 machines of category C or D automatic upon notification
Qualifying Alcohol Licensed Premises (with licensed premises gaming machine permit) Number of category C-D machines as specified on permit
Travelling Fair No limit on category D machines

[1] Bingo premises licence are entitled to make available for use a number of category B gaming machines not exceeding 20% of the total number of gaming machines on the premises. Where a premises licence was granted before 13 July 2011, they are entitled to make available eight 104 category B gaming machines, or 20% of the total number of gaming machines, whichever is the greater. Category B machines at bingo premises are restricted to subcategory B3 and B4 machines, but not B3A machines.

[2] Adult gaming centres are entitled to make available for use a number of category B gaming machines not exceeding 20% of the total number of gaming machines which are available for use on the premises and any number of category C or D machines. Where a premises licence was granted before 13 July 2011, they are entitled to make available four category B gaming machines, or 20% of the total number of gaming machines, whichever is the greater. Category B machines at adult gaming centres are restricted to sub-category B3 and B4 machines, but not B3A machines.

Appendix 6 – Delegations

Delegations
Matter to be dealt with Full Council Sub-Committee of Licensing Committee Officers
Final approval of threeyear licensing policy X
Policy not to permit casinos X
Fee setting (where appropriate) Delegated to officers
Application for premises licences Where representations have been received and not withdrawn Where no representations received/representations have been withdrawn
Application for a variation to a licence Where representations have been received and not withdrawn Where no representations received/representations have been withdrawn
Application for a transfer of a licence Where representations have been received and not withdrawn Where no representations received/representations have been withdrawn
Application for a provisional statement Where representations have been received and not withdrawn Where no representations received/representations have been withdrawn
Review of a premises licence X
Application for club gaming/club machine permits Where objections have been made (and not withdrawn) Where no objections have been made/objections have been withdrawn
Cancellation of club gaming/club machine permits X
Applications for other permits Where there are 5 or more machines or where objections have been made (and not withdrawn) 4 machines or fewer
Cancellation of licensed premises gaming machine permits X
Consideration of temporary use notice X
Decisions to give a counter notice to a temporary use notice X

Appendix 7 – Glossary of Terms

Adult Gaming Centre – AGC’s

Adult gaming centres (AGC’s) are a new category of premises introduced by the Act. Persons operating an AGC must hold a gaming machines general operating licence from the Commission and must seek a Premises licence from the Council. Category B, C and D machines can be made available to customers.

Alcohol Licensed Premises gaming machine permits

The Council can issue such permits for any number of category C or D machines in licensed premises. There is an automatic entitlement for alcohol on-licence holders to make available 2 gaming machines of category C or D for use in alcohol licensed premises.

Applications

Applications for licences and permits.

Authorisations

This policy relates to all authorisations, permits, licences etc, which the Council is responsible for under the Gambling Act 2005.

Betting machines

A machine designed or adapted for the use to bet on future real events (not gaming machines).

Bingo

A game of equal chance. Bingo has no statutory definition. It is to have its ordinary and natural meaning. Under the previous legislation, two types of bingo could be offered:

  • cash bingo, where the stakes paid made up the cash prizes that were won; or
  • prize bingo, where various forms of prizes were won, not directly related to the stakes paid.

Traditionally, cash bingo was the main type of bingo played in commercial bingo halls. They could also offer prize bingo, largely as interval games. Under the 2005 Act, the distinction between these two version of the game was abolished for commercial operators, and the holder of a bingo operating licence can offer any type of bingo game, whether cash or prize. Apart from commercial bingo halls, prize bingo is traditionally a game played in arcades, especially seaside amusement arcades or travelling funfairs. For these operators, prize bingo has been subsumed within the allowances for prize gaming in the act. This means that adult gaming centres, both licensed and unlicensed family entertainment centres, and travelling fairs, (or any premises with a prize gaming permit) will be able to offer prize gaming, which includes prize bingo.

In this form of gaming, the nature of the prize must not be determined by reference to the number of people playing the game, and the nature or the size of the prize must not be determined by reference to the amount paid for or raised by gaming

Casino

An arrangement whereby people are given an opportunity to participate in one or more casino games.

Children

Individual who is less than 16 years old

Club Gaming Permit

Club gaming permits allow members; clubs and miners’ welfare institutes (but not a commercial club) to provide gaming machines (3 machines of Category B, C or D), equal chance gaming and games of chance.

Club Gaming Machine Permit

These permits allow the holder to have up to 3 gaming machines of category B, C or D.

Code of Practice

Means any relevant code of practice under section24 of the Gambling Act 2005.

Default Conditions

Conditions that will apply unless the Council decide to exclude them. This may apply to all Premises Licences, to a class of Premises Licence or licences for specified circumstances.

Disorder

Disorder is intended to mean activity that is more serious and disruptive than mere nuisance.

Equal Chance Gaming

Games that do not involve playing or staking against a bank and where the chances are equally favourable to all participants

Family Entertainment Centres – FEC’s

Family Entertainment Centre, licensed or unlicensed but operating with a permit may provided any number of gaming machines of category C or D.

Occasional Use Notices

Where there is betting on a track on up to eight days in a calendar year, betting may be permitted by an Occasional Use Notice without the need for a Premises licence. A track includes a horse race course, dog track and temporary tracks for races or sporting events.

Operating Licence

Authorises individuals or companies to provide facilities for certain types of remote or non-remote gambling. These licences are issued by the Gambling Commission and generally cover the principle commercial forms of gambling operating. A single licence cannot authorise remote and non- remote activities; separate operating licences are need for this. Conditions may be attached.

Personal Licences

Except for small scale operations, for each operating licence, at least one person who holds a specified management office must hold a personal licence. These licences are issued by the Gambling Commission with the aim of ensuring that individuals who control facilities for gambling or are able to influence the outcome of gambling are suitable to carry out those functions. These licences are not transferable and cannot be held by companies but companies are likely to want their key staff to hold a personal licence.

Premises

“Premises” is defined in the Act as “any place”. Different premises licences cannot apply in respect of a single premise at different times. However, it is possible for a single building to be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. Whether different parts of a building can properly be regarded as separate premises will always be a question of fact in the circumstances. However, the Council would have to consider very carefully whether areas of a building that are artificially or temporarily separate can properly be regarded as different premises.

Premises Licence

Authorises the provision of facilities for gambling on premises for casinos, bingo, betting (including tracks), adult gaming centres and family entertainment centres. The Premises licence will include details of conditions. These licences are issued by the Council, are valid for the life of the premises, subject to any reviews that may be triggered and can lapse in certain circumstances, with no annual renewal required, although there is an annual fee. These licences are transferable to someone else holds a valid operating licence.

Prize Gaming Permits and prize gaming

This permit allows the provision of facilities for gaming and prizes on specified premises. “Prize gaming” refers to gaming where the nature and size of the prize is not determined by the numbers of people playing or the amount paid for or raised by the gaming. The prizes will be determined by the operators before the play commences.

Temporary Use Notices

These licences authorise the person or company holding a relevant operating licence to use the premises temporarily for providing facilities for gambling where there are no premises licence. Such premises could include hotels, conference centres and sporting venues.

Unlicensed Family Entertainment Centre Gaming Machine Permit

These allow the use of an unlimited number of category D gaming machines in these premises to a person who occupies or plans to occupy the premises to be used as an unlicensed family entertainment centre. An application for this permit cannot be made where a premises licence is in effect on the same premises.

Appendix 8 – GAMCARE

GamCare is the leading provider of information, advice, support and free counselling for the prevention and treatment of problem gambling. They operate the National Gambling Helpline, provide treatment for problem gamblers and their families, create awareness about responsible gambling and treatment, and encourage an effective approach to responsible gambling within the gambling industry.

GamCare can be contacted on their Freephone Helpline 0808 8020 133 between 8am and midnight, 7 days a week.

For online support, please visit http://www.gamcare.org.uk/

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