INTRODUCTION TO GAMBLING ACT 2005
The Gambling Act 2005 will begin to take effect from 1st January 2007 coming into full force on 1st September 2007. From this date onwards all Premises Licences will be granted by the Licensing Authority (Amber Valley Borough Council) rather than the Magistrates Courts. The Act will be regulated by the newly formed Gambling Commission, who are also responsible for issuing some licences.
THE COUNCIL HAS ADOPTED A NO CASINO POLICY
LICENSING OBJECTIVES
The new Gambling Act focuses on three licensing objectives.
1) Preventing gambling from being a source of crime, being associated with crime 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.
LICENCE TYPES
Under the Gambling Act 2005 there are three types of licences that are required to run facilities for gambling.
An Operators Licence
Required by individuals or companies who intend to provide facilities for gambling. This is granted by the Gambling Commission.
A Personal Licence
Required by the directors/managers (Personal Management Licence) and by those performing operational functions e.g. croupiers (Personal Functional Licence). All Personal Licences are granted by the Gambling Commission.
A Premises Licence
This is issued by Amber Valley Borough Council, for all premises within the borough, and is required for the premises where the gambling will take place. Licences last indefinitely and an annual fee will be payable.
The following premises will require a Premises Licence: - Casino,Bingo Premises,Betting Premises, including Tracks,Adult Gaming Centre (AGC),Family Entertainment Centre (FEC)
A number of permits are granted under the Act and Amber Valley Borough Council will be responsible for issuing permits for: - Gaming Machines on alcohol-licensed premises,Gaming machines for members clubs,Unlicensed Family Entertainment Centre (Category D machines only),Prize Gaming and Small Society Lottery Registrations
The Licensing Authority, Amber Valley Borough Council, will also: - Grant Temporary Use Notices (TUNs), Grant Occasional Use Notices (OUNs),Grant provisional statements (for premises not yet built) and keep a register of all licences, permits, notices and registrations
The Licensing Authority is responsible for: -
The monitoring and enforcement of the authorisations they issue.
Setting fees within bands.
The Magistrates will hear any Premises Licence appeals.
In dealing with Gambling Act applications the Council will follow their Statement of Principles, a copy of which can be found on this website. This policy will be reviewed every three years. The Council will also abide by the Gambling Commission Code of Practice.
