Gambling Act 2005
Under the Gambling Act 2005 (the Act), the Clackmannanshire Licensing Board (the Board) is the licensing authority for Clackmannanshire. The Act gives the Board a number of important regulatory functions in relation to gambling. Its main functions are to
- license premises for gambling activities
- consider notices given for the temporary use of premises for gambling
- grant permits for gambling and gaming machines in alcohol licensed premises
- grant permits to family entertainment centres for the use of certain lower-stake gaming machines
- grant permits for prize gaming
- consider occasional use notices for betting at tracks
- register small societies' lotteries
You can use the internal links below to move to the headings within this page:
- Licensing objectives
- Statement of Principles
- Licensing framework
- How to apply for a Premises Licence
- Club Gaming Permits and Club Machine Permits
We also offer advice for Community Groups about Licensing.
The Act contains three licensing objectives which underpin the functions that the Board performs. These objectives are central to the regulatory regime created by the Act. They are:
- Preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime;
- Ensuring that gambling is conducted in a fair and open way;
- Protecting children and other vulnerable people from being harmed or exploited by gambling.
Section 349 of the Act requires the Board to prepare and publish a Statement of Principles that will apply when dealing with the gaming licences and permits. Clackmannanshire Licensing Board's 3rd Statement of Principles has been published and will remain in force until 31 January 2016.
The Act provides for three categories of licence:
- Operating licences
- Personal licences
- Premises licences
Operating and Personal Licences
Operating and Personal Licences are issued by the Gambling Commission.
Premises licences will be granted by a licensing authority and they authorise the provision of facilities on
- casino premises,
- bingo premises,
- betting premises, including tracks,
- adult gaming centres,
- family entertainment centres.
The Act provides that licensing authorities may attach conditions to the premises licences.
In addition to licences, there are forms of authorisation a licensing authority may grant, for example, authorisation for the temporary use of premises, occasional use notices and five different sorts of permits for unlicensed family entertainment centres, prize gaming, gaming machines on alcohol-licensed premises and club gaming and club gaming machines.
Where an individual or company proposes to offer gambling for which an operating licence is required and which is premises based, that individual or company will need to apply for a premises licence.
Premises licences are issued by the licensing authority with responsibility for the area in which the premises are situated.
An applicant for a premises licence must be over the age of 18.
An application must be made to the relevant licensing authority in the form prescribed in regulations laid down by the Scottish Ministers.
- Application for a Premises Licence
- Application for a Premises Licence (Vessels)
The application must be accompanied by the prescribed
- refer to list of fees web page
- documents, ie a plan of the premises (plan to be to scale)
Notice of application
The Scottish Government have made regulations requiring the applicant to publish notice of his application and to notify responsible authorities and other interested persons about the application. This will allow representations to be made.
Notice must be given in three ways:
- A notice placed outside the premises for 28 days in a place where it can be conveniently read.
- Advertised in a newspaper or a newsletter of local relevance, on at least one occasion within 10 days of the application being made.
- All responsible authorities notified within 7 days of the application being made.
In dealing with an application, licensing authorities are obliged to consider representations from two categories of persons referred to in the Act as "responsible authorities" and "interested parties".
- Gambling Commission
- Chief Constable for the area in which the premises is wholly or partially situated
- Fire and Rescue Authority for the same area
- Planning authority
- Clackmannanshire Council
- Anybody designated by the licensing authority as competent to advise about the protection of children from harm
- HM Revenue & Customs
Interested Parties as defined in Section 158 of the Act as persons who
- live sufficiently close to the premises to be likely to be affected by the authorised activities
- have business interests that might be affected by the authorised activities
- represent persons in either of these two groups
Under Section 271 of the Act, a licensing authority may grant members' clubs and miners' welfare institutes (but not commercial clubs) club gaming permits which authorise the establishments to provide gaming machines (as well as equal chance gaming and games of chance as described in regulations) (SI No: 1945: The Gambling Act 2005 (Club Gaming Permits) (Authorised Gaming) Regulations 2007).
Applications must be made to the licensing authority in whose area the premises are located, and must be accompanied by the fee and documents, as specified in regulations.
The applicant must also copy the application to the Gambling Commission and to the Chief Officer of Police. The Commission and the Police may object to the permit being granted. If any objections are made, the authority must hold a hearing.
A licensing authority may grant or refuse a permit, but it may not attach any conditions to a permit. The authority has to inform the applicant, the Commission and the Police of the outcome of the application and of any objections made.
Licensing authorities may refuse an application on the grounds that
- the applicant does not fulfil the requirements for a members or commercial club or miners welfare institute and therefore is not entitled to receive the type of permit for which application has been made;
- the applicant's premises are used wholly or mainly by children and/or young persons;
- an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities;
- a permit held by the applicant has been cancelled in the previous 10 years; or
- an objection has been lodged with the Commission or the Police.
If the authority is satisfied that (1) or (2) is the case, it must refuse the application.
The permit will have effect for 10 years, unless it ceases to have effect because it is surrendered or lapses or is renewed.
The holder of the permit must pay to the licensing authority a first annual fee of £50 and an annual fee of £50 before each anniversary of the issue of the permit, in accordance with regulations.
Permits may be amended to meet changing circumstances. Licensing authorities may only refuse a variation if on consideration of a completely new application they would refuse the permit. The permit, which must be kept on the premises it relates to, will be in a form specified by regulations. It is an offence not to produced the permit when requested to do so by a constable or a licensing standards officer.
If a permit is lost, stolen or damaged, the holder may apply for a replacement, subject to paying a fee of £15. The licensing authority must grant the application if it is satisfied that a permit has been lost, stolen or damaged and, where the permit is lost or stolen, a report made to the Police. The licensing authority will issue a copy and certify it as a true copy.
A permit will lapse if the holder of the permit stops being a club or miners' welfare institute. In addition, a permit will cease to have effect upon being surrendered to the authority. A notice of surrender must be accompanied by the permit or a statement explaining why it cannot be produced.
The licensing authority may cancel the permit if:-
- the premises are used wholly by children and/or young persons; or
- an offence or breach of a permit condition has been committed in the course of gaming activities by the permit holder
Before cancelling a permit, the licensing authority must give the permit holder at least 21 days notice of the intention to cancel and consider any representations that they may make. The authority must hold a hearing if the permit holder so requests and must comply with any other procedures or requirements set out in regulations. If there is no appeal, the cancellation will take effect 21 days after notice of the intention to cancel is given.
An application for renewal of a permit must be made during the period beginning three months before the licence expires and ending six weeks before it expires. The procedure for renewal is the same as for an application.