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Gambling Act 2005
Summary
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The Gambling Act 2005 introduced significant reforms to gaming and gambling premises from 2007. This covers gaming machines, small society lotteries, and a range of betting, gaming and gambling permissions.
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1: BACKGROUND AND INTRODUCTION TO THE GAMBLING ACT 2005
The Gambling Act 2005 became fully implemented on 01 September 2007. It replaced three existing Acts of Parliament and sub-ordinate legislation including the Gaming Act 1968, Lotteries and Amusements Act 1976 and Betting Gaming and Lotteries Act 1963. It does not incorporate the National Lottery which is subject to separate legislation, but does include regulation of such activities as internet gambling, casinos and bingo.
2: ROLE OF GAMBLING COMMISSION AND LICENSING AUTHORITIES
The responsibility for licensing gambling operators, individuals and premises is split between local licensing authorities and the Gambling Commission. The Commission are responsible for the licensing of operators and individuals (by Operator and Personal licences), whilst local licensing authorities assume responsibility for the licensing of gambling premises (by Premises Licences) and also issue various other registrations, permits and temporary use authorisations.
3: LICENSING OBJECTIVES
There are three licensing objectives which underpin the new legislation. The licensing objectives are:
- 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 adults from being harmed or exploited by gambling.
4: GAMBLING ACT ‘STATEMENT OF PRINCIPLES’ PUBLICATION
Babergh District Council has adopted a ‘statement of principles’ document as required by the Gambling Act 2005. The first document was subject to a full period of consultation with stakeholders and the general public between 24 July 2006 and 02 October 2006. The second edition was subject to consultation between 20 July 2009 and 28 September 2009, and was adopted by the Council on 20 October 2009 to replace the first edition from 31 January 2010.
This document must be reviewed every three years (and sooner if reasonably necessary), and covers the higher level principles the Licensing Authority will be guided by when dispensing functions under the 2005 Act. The document does not stand alone, and shall be applied alongside statutory Gambling Commission guidance (as may from time to time be revised) and the requirements of the Act and Regulations.
This document is available in hard copy from all public libraries in the district, and at the Council Offices in Corks Lane, Hadleigh. Please click on the link below to access the Statement of Licensing Principles document.
Statement of Licensing Principles - Second Edition (PDF, 376KB) (effective 31.01.2010 to 30.01.2013)
5: PROCEDURES AND TRANSITIONAL ARRANGEMENTS
The Gambling Act 2005 regulates the provision of facilities for gambling and the use of premises for gambling. This includes:
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Betting (track and non-track)
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Bingo
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Casinos
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Gaming machines in Adult Gaming Centres (AGC) and Family Entertainment Centres (FEC)
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Lotteries
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Permits for gaming and machines in Clubs and Alcohol on-licensed premises, prize gaming and unlicensed Family Entertainment Centres
(Note: There are some forms of ‘exempt’ gaming and ‘automatic’ entitlements provided for by the 2005 Act. Please refer to Gambling Commission website for further information)
Existing operators: Existing gambling operators had until 27 April 2007 to apply to the Gambling Commission for their Operator and Personal Licences, and following their application(s) to the Commission could apply to the Licensing Authority between 21 May 2007 and 31 August 2007 for the relevant Premises Licence to continue providing gambling facilities in the Babergh District Council area.
Existing Club registrations under Part II and Part III of the Gaming Act 1968 will effectively run their course - ‘automatically’ converting to a Club Gaming Permit or Club Machine Permit. Existing section 34 AWP gaming machine permits issued under the Gaming Act 1968 will also run their course. Please refer to Gambling Commission website and DCMS transitional guidance document for further information. You will need to apply to the Licensing Authority prior to the expiry of your existing registration or permit for the relevant 2005 Act permit. This website contains further information on Gaming Machine Permits - available by clicking on the link below:
Gaming Machines on Alcohol Licensed Premises
Poker in pubs (Gambling Commission advice)
Application forms and detailed guidance: Application forms and further detailed guidance for specific premises/operators are available from the Gambling Commission website (see ‘Further Links’ at bottom of this page). Please ensure that you carefully read all notes and guidance with the application form before you complete it.
Local information for applicants:
The Licensing Authority has produced various documents to assist applicants with their application including local contact details for responsible authorities and fees for applications:
6: FURTHER INFORMATION LINKS
All application forms, statutory notices and further detailed specific guidance can be found via the following links:
Gambling Commission website
Gambling Commission guidance - last revised May 2009 (PDF)
Department for Culture, Media & Sport (gambling webpages)
If you or someone you know is affected by problem gambling or addiction then confidential help, support and advice is available by contacting:
Gamble Aware
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Last updated on: 31 October 2011 | Date of next review: 31 October 2012
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