Under the Gambling Act 2005 ("the Act") permits are issued to premises that either offer very low-stakes and prizes gambling, or premises whose primary function is not the provision of gambling facilities. Therefore, the only premises eligible to apply to us for permits are:
We will issue the following types of permit under the act:
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 below for details) for use in alcohol-licensed premises. To take advantage of this entitlement, the premises licence holder must give notice to the licensing authority of their intention to make gaming machines available for use, and must pay the prescribed fee.
The notification is non-transferrable. The notification does not expire nor does it have an annual fee.
The council may issue licensed premises gaming machine permits for any number of category C or D machines in licensed premises. If you require 3 or more machines then you must make an application for a gaming permit.
Applications must be made by the premises licence holder. 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.
In determining an application we must have regard to the licensing objectives and to the guidance issued by the Gambling Commission. We may either grant or refuse an application. In granting the application we may vary the number and category of gaming machines authorised by the permit. If we grant the application, we must issue the permit as soon as possible after that. Where we refuse the application we must notify the applicant as soon as possible, setting out the reasons for refusal. We must not refuse an application or grant it for a different number or category of machines, unless we have notified the applicant of our intention to do so and given the applicant an opportunity to make representations (orally or in writing or both).
There are no renewal provisions for this class of permit as they have no expiry date and will continue in force for so long as the premises continues to have an alcohol licence and the holder of the permit continues to hold that licence.
There is an annual fee for this type of permit, the first of which must be paid within 30 days of the permit becoming effective, the permit can be cancelled if the holder fails to pay the annual fee (unless the failure is as a result of an administrative error). The permit can also lapse if the holder surrenders it to the licensing authority.
The permit holder must keep the permit on the premises, and it must be produced on request for inspection by a constable, enforcement officer or local authority officer (not to do so will be an offence). If the permit is lost, stolen or damaged, the holder may apply to the issuing authority for a copy. The prescribed fee must accompany the application.
The permit holder can apply to us to amend the permit to reflect a change in the holder’s name. The council must comply with the request provided the prescribed fee is paid.
The holder may apply to vary the permit by changing the number and/or category of machines authorised by it.
Yes. The council may only do so in specified circumstances which include:
Before we cancel a permit we must:
Where we cancel a permit, the cancellation does not take effect until the period for appealing against that decision has lapsed, or (where an appeal is made), until the appeal is determined. The appeal being via the Magistrates’ Court.
A club gaming permit is available to members’ clubs or miners’ welfare institutes, but not commercial clubs. It allows the club to offer:
Restrictions on the gaming are:
A club machine permit is available to members’ clubs, miners’ welfare institutes and commercial clubs. It allows the club to offer:
Restrictions on the gaming are:
A members’ club or miners’ welfare institute may apply for a club gaming permit.
Members’ club must have at least 25 members and be established and conducted 'wholly or mainly' for purposes other than gaming, unless the gaming is permitted by separate regulations. It is anticipated that this will cover bridge and whist clubs, which will replicate the position under the Gaming Act 1968. A members’ club must be permanent in nature, not established to make commercial profit, and controlled by its members equally. Examples include working men’s clubs, branches of the Royal British Legion and clubs with political affiliations.
With regard to miners’ welfares institutes, the definition of this class of club has changed to reflect social and economic changes since their establishment. There are associations established for recreational or social purposes. They are managed by representatives of miners or uses premises regulated by a charitable trust, which has received funds from one of a number of mining organisations.
A commercial club cannot apply for a club gaming permit. Commercial clubs have the same characteristics as members’ clubs, except that the key difference is that they are established with a view to making a profit (an example of a commercial club is a snooker club); however they can apply for a club machine permit.
Applicants are not required to have an operating licence issued by the Gambling Commission.
Both permits last for a period of ten years unless it ceases to have effect because it is surrendered or lapses. There is an annual fee for both permits, the first of which must be paid within 30 days of the permit becoming effective.
In England and Wales a club gaming or machine permit that was granted under a fast track procedure (by those clubs with club premises certificates under the Licensing Act 2003) do not expire and only cease to have effect if it is surrendered, cancelled, forfeited or it lapses because the club premises certificate is no longer in force.
An application for the renewal for either permit must be made during the period beginning three months before the permit expires and ending six weeks before it expires. (e.g. If a permit was issued on 1 October 2018, the applicant would need to apply for the renewal between 1 July 2018 and 20 August 2018.)
The process for renewal is exactly the same as for a new application.
A club that originally applied for a permit under the normal application process (not fast-tracked) because it did not hold a club premises certificate at that time, but has since secured a club premises certificate, will then renew at the fast-track reduced fee.
Within a period of 7 days (beginning on the date on which the application is made) a copy of the application (and any accompanying documents) must be forwarded to:
These bodies have 28 days to make any objections that they may have to the application.
Once an application has been received the council can either grant or refuse it, however it cannot add conditions.
The council may only refuse an application for a permit on one or more of the following grounds:
Before refusing an application the council must hold a hearing to consider the application and any objection received from either the Police or the Gambling Commission.
If an application is made under the "fast track" procedure then it is not necessary to forward the application to the Police or Gambling Commission. The council must grant the application unless:
In such circumstances the council must hold a hearing to consider the application. A copy of the permit must be kept on the premises and available for inspection at all times. It is an offence not to produce it when requested to do so by a Police Constable or an enforcement officer. If a permit is lost, stolen or damaged, a replacement can be applied for (subject to the appropriate fee). If information contained in the permit ceases to be accurate an application must be made to the council as soon as is reasonable practicable to have it varied.
The council may cancel the permit if:
Before cancelling a permit, the council must give the holder at least 21 days’ notice, and it must consider any representations made. If the permit holder requests a hearing, it must be held and must comply with any other procedure requirements set out in the regulations. The cancellation would not take effect until:
A permit can also be cancelled if the holder fails to pay the annual fee. A permit will lapse if the holder of the permit stops being a club or miners’ welfare institute, or if it no longer qualifies under the fast track system for a permit. In addition, a permit will cease to have effect upon being surrendered to the council.
Applications for a licensed premises permits must be submitted by post or email to:
Licensing Section
Amber Valley Borough Council
Town Hall
Ripley
Derbyshire
DE5 3BT
Telephone: 01773 570222
Email: licensing@ambervalley.gov.uk
Contact the team directly on 01773 570222 or email licensing@ambervalley.gov.uk
