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Gambling Premises

The Gambling Act 2005 created a system of licensing regulations for commercial gambling in his country. Amongst other changes, it gave to local authorities extended responsibilities for licensing premises for gambling. 

 

Vale-of-Glamorgan-Council-logo

Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

Application Process

  • Grant, Variation, Provisional Statement

    To make application for a premises licence you must submit:

     - prescribed application form

     - plan of the premises

     - relevant application fee

     - and any other prescribed information or documents.

    Application fees are non-refundable in the event that an application is withdrawn or rejected.

     

    Applicants are required to send notice of the application on the prescribed form to all of the responsible authorities within 7 days of the Licensing Authority receiving their copy.

       

    In addition, an applicant for the grant or variation of a licence, or for a provisional statement is required to advertise the application by means of:

     - a notice displayed at the premises for 28 consecutive days starting on the day the application is made to the licensing authority, and

     - publication of the notice of application in a local newspaper within 10 working days of submitting the application to the licensing authority.

     

    The notices must be in the prescribed form.

     

    The consultation period for applications runs for 28 days starting the day the application is made to the licensing authority.

     

    A first annual fee will be due 30 days following the date of grant (not variation or provisional statement)

  • Transfer

    To make application you must submit:

     - relevant application form

     - the prescribed fee

     - a written statement by the current licensee consenting to the transfer

     - the licence to be transferred or a written statement confirming why the original licence is not available and an application for the issue of a copy of the licence

     - a plan of the premises

     

    Application fees are non-refundable in the event that an application is withdrawn or rejected.

     

    Applicants are required to send notice of the application on the prescribed form to the relevant responsible authorities within 7 days of the Licensing Authority receiving their copy.

     

    The four responsible authorities relevant to a transfer application are:

     - the Gambling Commission

     - the Chief Officer of Police

     - Children and Family Services 

     - HM Revenue and Customs.

     

    There is no requirement for newspaper or premises advertisements as part of a transfer application. Failing to properly notify the Responsible Authorities will delay the determination of your application.

     

    The consultation period for applications runs for 28 days starting the day the application is made to the licensing authority.

     

    Interim authority

    Part three of the application form allows the applicant to request that they are treated as if they were the licence-holder during the application period. This will allow an established premises to continue operating under the authority of the premises licence while the application is considered. However, the use of this provision does not exempt the applicant from any other requirement under the Act, such as the need to hold a valid Operating licence. The effect of this section will commence when the application is received by the licensing authority, and end upon determination of the application.

 

Background and Eligibility Criteria

 

An applicant for a premises licence must:

  • if an individual, be 18 years old or older
  • if applying on behalf of a company or partnership, be authorised to make such an application
  • have a right to occupy the premises, and
  • hold (or have applied for) an Operators licence from the Gambling Commission for that gambling activity (unless the application is in respect of a track, in which case the occupier may not be the person who actually offers the gambling).
  • Nature of licence

    A premises licence is a licence which states that it authorises premises to be used for

    - the operation of a casino (a casino premises licence)

    - the provision of facilities for the playing of bingo (a bingo premises licence)

    - making Category B gaming machines available for use (an adult gaming centre premises licence

    - making Category C gaming machines available for use (a family entertainment centre premises licence

    - the provision of facilities for betting, whether by making or accepting bets, by acting as a betting intermediary or by providing other facilities for the making or accepting of bets (betting premises licence).

  

Conditions

All premises licences are subject to mandatory conditions and in some cases default conditions, which restrict the operating hours under the licence.

 

Mandatory conditions may not be varied or removed from the licence, however, applications can be made to remove or vary the default conditions.

 

Please also refer to the Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007 for details of the mandatory and default conditions which apply to the various licences.

 

  • Mandatory Conditions attaching to every premises licence

    (1) The conditions specified in paragraphs (2), (3) and (4) shall be attached to every premises licence.

     

    (2) The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.

    (3) The layout of the premises shall be maintained in accordance with the plan.

    (4) The premises shall not be used for:

    (a) the sale of tickets in a private lottery or customer lottery, or

    (b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.

     
  • Mandatory conditions attaching to Adult Gaming Centre premises licences

    1. A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

    2. No customer shall be able to access the premises directly from any other premises in respect of which a licence issued under Part 8 of the Act, or a permit issued under Schedule 10, 12 or 13 to the Act, has effect.

    3. Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming machine in order to do so.

    4.—(1) No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.

    (2) A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.

     
  • Mandatory conditions attaching to Family Entertainment Centre premises licences

    1. No customer shall be able to access the premises directly from any other premises in respect of which one of the following premises licences has effect—

       (a) a casino premises licence;

       (b) an adult gaming centre premises licence;

       (c) a betting premises licence other than a track premises licence.

    2. Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming machine in order to do so.

    3.—(1) Where Category C gaming machines are made available for use on the premises, any area of the premises in which those machines are located—

        (a) shall be separated from the rest of the premises by a physical barrier which is effective to prevent access other than by an entrance designed for the purpose;

         (b) shall be supervised at all times to ensure children or young persons or both do not enter the area; and

         (c) shall be arranged in such a way so as to permit all parts of the area to be observed by the persons mentioned in sub-paragraph (2).

    (2) The reference to supervision in this paragraph means supervision by—

          (a) one or more persons whose responsibilities include ensuring children or young persons or both do not enter      the area; or

          (b) closed circuit television which is monitored by one or more persons whose

    responsibilities include ensuring that children or young persons or both do not enter the area.

    (3) A notice stating that no person under the age of 18 years is permitted to enter the area shall be displayed in a prominent place at the entrance to any area of the premises in which Category C gaming machines are made available for use.

    4.—(1) No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.

          (2) A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.

  • Mandatory conditions attaching to Betting premises licences (other than track premises licences)

    1. A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

    2.—(1) Access to the premises shall be from a street or from other premises with a betting premises licence.

          (2) Without prejudice to sub-paragraph (1), there shall be no means of direct access between the premises and other premises used for the retail sale of merchandise or services.

    3. Subject to anything permitted by virtue of the 2005 Act, or done in accordance with paragraphs 4, 5, 6 and 7 below, the premises shall not be used for any purpose other than for providing facilities for betting.

    4. Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to leave any gaming machine or betting machine in order to do so.

    5. No apparatus for making information or other material available in the form of sounds or visual images may be used on the premises, except for apparatus used for the following purposes—

       (a) communicating information about, or coverage of, sporting events, including—

           (i) information relating to betting on such an event; and

           (ii) any other matter or information, including an advertisement, which is incidental to such an event;

       (b) communicating information relating to betting on any event (including the result of the event) in connection with which betting transactions may be or have been effected on the premises.

    6. No publications, other than racing periodicals or specialist betting publications, may be sold or offered for sale on the premises.

    7. No music, dancing or other entertainment shall be provided or permitted on the premises, save for entertainment provided in accordance with paragraph 5.

    8.—(1) No alcohol shall be permitted to be consumed on the premises at any time during which

    facilities for gambling are being provided on the premises.

         (2) A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.

    9. A notice setting out the terms on which customers are invited to bet on the premises shall be

    displayed in a prominent place on the premises to which customers have unrestricted access.

     

  • Default conditions attaching to betting premises licences (other than in respect of tracks)
    No facilities for gambling shall be provided on the premises between the hours of 10pm on one day and 7am on the next day.
  • Mandatory conditions attaching to bingo premises licences
    1. A notice stating that no person under the age of 18 years is permitted to play bingo on the premises shall be displayed in a prominent place at every entrance to the premises.

    2. No customer shall be able to enter the premises directly from any other premises in respect of which one of the following permissions has effect–

      (a) a casino premises licence; .

      (b) an adult gaming centre premises licence; .

      (c) a betting premises licence (other than a track premises licence). 

    3.—(1) This paragraph shall apply where children or young persons or both are permitted by the licence holder to enter the premises, and Category B or C gaming machines are made available for use on the premises.

          (2) Where category B or C gaming machines are made available for use on the premises, any area of the premises in which those machines are located–

          (a) shall be separated from the rest of the premises by a physical barrier which is effective to prevent access other than by an entrance designed for the purpose; .

          (b) shall be supervised at all times to ensure children or young persons or both do not enter the area; and .

          (c) shall be arranged in such a way that ensures all parts of the area can be observed. 

    (3) The reference to supervision in sub-paragraph (2) means supervised by–

          (a)one or more persons whose responsibilities include ensuring children or young persons or both do not enter the area; or .

          (b)closed circuit television which is monitored by one or more persons whose responsibilities include ensuring that children or young persons or both do not enter the area. 

         (4) A notice stating that no person under the age of 18 years is permitted to access the area shall be displayed in a prominent place at the entrance to any area of the premises in which Category B or C gaming machines are made available for use.

     4.—(1) In the case of a charge for admission to the premises, a notice of that charge shall be displayed in a prominent place at the principal entrance to the premises.

           (2) In the case of any other charges in respect of gaming, a notice setting out the information in sub-paragraph (3) shall be displayed at the main point where payment for the charge is to be made.

           (3) The notice in sub-paragraph (2) shall include the following information–

           (a)the cost (in money) of each game card (or set of game cards) payable by an individual in respect of a game of bingo; .

           (b) in respect of each game card (or set of game cards) referred to in sub-paragraph (b) the amount that will be charged by way of a participation fee for entitlement to participate in that game; and .

          (c) a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.

          (4) The notice may be displayed in electronic form.

          (5) In this paragraph a reference to “game card” means a device which provides an individual with the opportunity to win one or more prizes in respect of a game of bingo.

          (6) A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the Act (meaning of “prize gaming”) applies.

     5. The rules of each type of game that is available to be played in the premises (other than games played on gaming
    machines) shall be made available to customers within the premises and this requirement may be satisfied by–

         (a) displaying a sign setting out the rules; .

         (b) making available leaflets or other written material containing the rules at each table; or .

         (c) running an audio-visual guide to the rules prior to any bingo game being commenced. 

    6. Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling in order to do so.

  • Default conditions attaching to bingo premises licences

    1.—(1) Subject to sub-paragraph (2), no facilities for gambling shall be provided on the premises between the hours of midnight and 9am on any day.

     

    (2) The condition in sub-paragraph (1) shall not apply to making gaming machines available for use.

 

Fees

Please note a first annual fee is due 30 days after the date of grant of a premise licence and annually on the anniversary of the grant there after.

 

Fees for licensing

Adult Gaming Centres Type of Application

Fee

Application Fee

£1,200

Application Where Provisional Statement Previously Issued

£675

Annual Fee

£1,000

Transfer Application Fee

£400

Variation Application Fee

£750

Provisional Statement Application Fee

£1,250

Application for Reinstatement Fee

£700

Change of Circumstances Fee

£50

Duplicate Licence Fee

£25

 

Fees

Family Entertainment Centres Type of Application

Fee

Application Fee

£750

Application Where Provisional Statement Previously Issued

£675

Annual Fee

£750

Transfer Application Fee

£400

Variation Application Fee

£750

Provisional Statement Application Fee

£750

Application for Reinstatement Fee

£700

Change of Circumstances Fee

£50

Duplicate Licence Fee

£25

 

Fees

Betting Premises (Other) Licence Type of Application

Fee

Application Fee

£1,200

Application Where Provisional Statement Previously Issued

£675

Annual Fee

£600

Transfer Application Fee

£400

Variation Application Fee

£1,050

Provisional Statement Application Fee

£1,250

Application for Reinstatement Fee

£700

Change of Circumstances Fee

£50

Duplicate Licence Fee

£25

 

Fees

Bingo Premises Type of Application

Fee

Application Fee

£2,100

Application Where Provisional Statement Previously Issued

£675

Annual Fee

£1,000

Transfer Application Fee

£400

Variation Application Fee

£1,300

Provisional Statement Application Fee

£2,100

Application for Reinstatement Fee

£700

Change of Circumstances Fee

£50

Duplicate Licence Fee

£25

 

Payment

You can pay your annual fee / transfer / variation / copy of permit fee via:

  • By card via 01446 709105

 

In person at the Civic Offices using cash or card payment:

Civic Offices, Holton Road, Barry, CF63 4RU

 

Please note: If paying by card please quote the Premises name, Reference number of permit andthe Cost Code 402084 73191

 

Regulations and Guidance

 

Gambling Commission Website

 

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