The 2005 Gambling Act ("the Act") came into force on 1 September 2007. The Act transferred the responsibility for issuing gambling licences from the magistrates' courts to local authority control. It has replaced three previous Acts relating to gambling, namely: the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976. It has also introduced a unified regulator for gambling; the Gambling Commission which has replaced the Gaming Board for Great Britain.
The Licensing Objectives
The Act contains three licensing objectives, which underpin the functions that the Gambling Commission and the Council, as licensing authority will perform.
- preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime;
- ensuring that gambling is conducted in a fair and open way; and
- protecting children and other vulnerable persons from being harmed or exploited by gambling.
Types of Licence There are three types of licence provided by the Act:
Individuals or companies who intend to provide facilities for gambling require an Operating Licence. Operating Licences are granted and regulated by the Gambling Commission.
A Personal Licence is required by the directors/managers (Personal Management Licence) and by those performing operational functions (e.g. croupiers (Personal Function Licence). The Gambling Commission grants personal Licences.
Premises Licences are issued by Amber Valley Borough Council for all premises within the borough and are required for the premises where the gambling will take place. Licences last indefinitely and annual fee will be payable.
Amber Valley Borough Council is responsible for issuing various permissions, permits and notices relating to the use of premises for gambling activities, including:
Premises licences for:
- Betting offices
- Sporting tracks, including horse racing and dog tracks
- Bingo clubs
- Adult gaming centres
- Family Entertainment Centres
- Gaming machines in alcohol-licensed premises, such as pubs
- Gaming machines for members clubs
- Gaming in members clubs
- Unlicensed family entertainment centres (category D machines only i.e. machines that have the lowest level of stakes and prizes)
- Prize gaming
- Occasional Use Notices
- Temporary Use Notices
- Provisional Statements
- Small Society Lotteries
Statement of Principles
The Borough Council is required to publish a statement of the principles, which it proposes to apply when exercising its functions under the Act. The statement must be published every three years. The statement must also be reviewed from time to time and any amended parts re-consulted upon. The statement must then be re-published.