Gambling licences, permits and lotteries

Types of licence

There are three types of licence under the Act:

• Operating Licences
• Personal Licences
• Premises Licences

Gambling is defined in the Act as either gaming, betting, or taking part in a lottery. These are defined as:

• ‘gaming’ means “playing a game of chance for a prize”;
• ‘betting’ means “making or accepting a bet on the outcome of a race, competition, or any other event; the likelihood of anything occurring or not occurring; or whether anything is true or not”;
• a ‘lottery’ is where “people are required to pay in order to take part in an arrangement, during the course of which one or more prizes are allocated by a process which relies wholly on chance”.

The main functions of the council are to:

• licence premises for gambling activities, including provisional statements;
• issue permits for gambling and gaming machines in clubs, alcohol licensed premises and family entertainment centres;
• issue permits for prize gaming; consider notices given for the temporary use of premises for gaming;
• consider occasional use notices for betting at tracks;
• register small societies lotteries;

Spread betting

Spread betting is defined in section 11 of the Act. It is normally in the form of a prize competition. Spread betting is regulated by The Financial Services Authority

Remote gambling

Remote betting is defined in section 67 of the Act. It is remote from the premises where the betting takes place and is by means of remote communication, such as the internet. Remote gambling is dealt with by the Gambling Commission

The National Lottery is regulated by The National Lottery Commission.

Gambling operators will need to hold or have applied for an operating licence and any relevant personal licences from the Gambling Commission before applying for a premises licence from the council (licensing authority).

Premises licences will be granted for the following facilities:

• Casinos and bingo halls
• Betting premises (including betting shops, betting tracks etc.)
• Adult gaming centres (category B3,B4, C ad D gaming machines)
• Family entertainment centres (category C and D gaming machines)

All documents supporting these applications must be supplied within 3 working days, otherwise the application may be deemed incomplete and be rejected. The application process will not commence until all information has been received.

Downloadable forms for a Grant application:

• Grant application
• Notice for grant individual application form A  [PDF, 67Kb]
• Notice for grant multi applicants form B [PDF, 73Kb]
• Notice to publish grant application [PDF, 67Kb]

 Downloadable forms for a Provisional Statement:

• Provisional statement [PDF, 112Kb]
• Notice of provisional statement individual applicant form A [PDF, 62Kb]
• Notice of provisional statement with multi applicants form B [PDF, 68Kb]
• Notice of app for provisional statement [PDF, 17Kb]

 Downloadable forms for Reinstatement of licence:

• Application for reinstatement of licence [PDF, 25Kb]
• Notice for reinstatement of licence form A [PDF, 69Kb]
• Notice for reinstatement of licence form B [PDF, 76Kb]

Gambling operators will need to hold or have applied for an operating licence and any relevant personal licences from the Gambling Commission before applying for a premises licence from the council (licensing authority).

Premises licences will be granted for the following facilities:

• Casinos and bingo halls
• Betting premises (including betting shops, betting tracks etc)
• Adult gaming centres (category B3,B4, C ad D gaming machines)
• Family entertainment centres (category C and D gaming machines)

Variation of a Gambling Premises Licence

The holder of a Premises Licence may apply to the licensing authority to vary the licence by;

• Adding, amending or removing an authorised activity
• Amending another detail of the licence
• Excluding a condition attached, or
• Adding, amending or removing a condition attached to the licence.

A licence may not be varied to relate to premises to which it did not previously relate (i.e. you can not move a Premises Licence to another premises).

The format of the application form is similar to that of a Premises Licence application. A licence holder can complete the sections of the form he/she wishes to vary/change.

A variation application should be accompanied by the fee and a plan and will need to be submitted to the Responsible Authorities and advertised.

All documents supporting this application must be supplied within 3 working days, otherwise the application may be deemed incomplete and be rejected. The application process will not commence until all information has been received.

Downloadable forms

• Variation application form [PDF, 108Kb]
• Notice for variation individual application form A [PDF, 29Kb]
• Notice for variation multi applicants form B [PDF, 31Kb]
• Notice to be published [PDF, 34Kb]

Transferring a Gambling Premises Licence

A person may apply to a licensing authority for a premises licence to be transferred to him/her.

An application for transfer must specify the time when the transfer is to take effect, and be accompanied by a written statement by the licence holder consenting to the transfer.

An application for transfer must be accompanied by the licence, or both:

• a statement explaining why it is not reasonably practicable to produce the licence, and
• an application by the licensee for the issue of a copy of the licence.

All documents supporting this application must be supplied within 3 working days, otherwise the application may be deemed incomplete and be rejected. The application process will not commence until all information has been received.

Downloadable forms:

• Transfer application form [PDF, 98Kb]
• Notice of individual application form A [PDF, 71Kb]
• Notice of multiple applications form B [PDF, 73Kb]

Under the Gambling Act 2005, the council issues permits for lower risk gambling activities, such as gaming machines in pubs, clubs and other non-gambling premises.

There is an automatic entitlement to two gaming machines of category C* or D*, subject to notifying the Licensing Authority and paying the prescribed fee of £50.

(Transfer or change of name on the Premises Licence under the Licensing Act 2003 requires further notification to be made)

Applications can also be made for those premises that require more than two machines.

Downloadable forms:

• Permit and notification application form [PDF, 104Kb]
• Club gaming and club machine permit [PDF, 191Kb]

Number of machines

There are no restrictions although historically licensing justices have imposed limits, and this authority will be conveyed to the licensing authority. No hearing will be required for up to four machines, but a hearing will be required for more than four.

Family entertainment centres

For those centres that make available only category D* machines no operating licence is required. What is required is a gaming machine permit.

Clubs

Those clubs that hold a club gaming permit or club machine permit may make available for on premises operated by a members’ club or a commercial club, up to three machines of category B*, C* or D* (three machines in total).

As well as clubs with alcohol licences, premises that are not licensed to sell alcohol, for example works premises, which operate membership based social clubs, are able to apply for a club gaming permit. They need to have 25 members, be permanently established and be for the benefit of the members.

Regulations state that category B machines for club machines permits are restricted to sub category B3A* or B4* machines, depending of the class of club.

Commercial clubs are restricted to B4* machines whereas members’ clubs may site sub category B3A* machines.

Duration of permit is 10 years with an annual fee of £50.

Plans

We recommend attaching a plan to applications indicating where and what type of gambling machines are to be provided. This plan may take the form of an amendment to the plan attached to the premises licence issued under the Licensing Act 2003.

The only type of lottery with which the council is involved in is the ‘society lottery.’ This is a raffle or lottery held by a local society to raise funds for charity, social or cultural activities, or any other non-commercial purpose. The society must register with the council annually and must provide returns showing the amount raised by each lottery and the purposes for which the money is raised.

The Gambling Act introduces some relaxation of society lottery law and in particular removes limits on the percentage of proceeds that may be applied to expenses or prizes. Although the maximum global amount that can be deducted for expenses and prizes remains at 80 per cent, with a minimum of 20 per cent going to the purposes of the society, provided the maximum single prize does not exceed £25,000 or 10 per cent of the gross proceeds:

• it permits the sale of tickets by an automated process; and
• removes the £2 maximum limit on ticket prices.

Downloadable forms:

• Lottery Application form [PDF, 66Kb]
• Blank lottery return   (PDF, 37Kb]

A grant application is £40 with an annual fee of £20 thereafter. Should the renewal fee not be paid prior to the anniversary of the date of registration the permit is deemed to have expired.

A form of return must be forwarded to the licensing authority within three months of any lottery or draw taking place. Should no lottery or draw be made, a nil return must be sent in at the same time your annual fee is due.

A renewal application is no longer required.

Reminders will still be sent out when your annual fee is due. Please ensure you pay on or before this date to prevent the registration becoming void. There is now the opportunity to pay online or by the payment slip attached to the reminder.

Should a society no longer wish to continue to promote non-commercial lotteries, cancellation can be made.

Temporary Use Notices (TUNs) can be applied for use on any premises by anyone who holds an Operating Licence, for periods of up to 21 days in any 12 month period.

A TUN must be given at least three months before the period specified in the TUN.

Downloadable forms:

• Application form [PDF, 79Kb]

A TUN should be submitted to the Licensing Authority with the fee.  Copies of the TUN must be submitted to the following authorities within seven days:

Gambling Commission, Victoria Square House, Victoria Square, Birmingham, B2 4BP

Humberside Police, Licensing Division, Corporation Road, Scunthorpe, DN15 6QB HM

Revenue & Customs, Betting and Gaming, National Registration Unit, Portcullis House, 21 India Street, Glasgow, G2 4PZ Occasional Use Notices (OUNs) can only be given in respect of accepting bets on a track.

Applicants are strongly advised to seek advice from a specialist Solicitor before submitting their applications.

Who may apply for a review?

A Responsible Authority or “Interested Party” may apply to the Licensing Authority for a review of a premises licence.

A Responsible Authority is defined in the Act by section 157.

An “Interested Party” is defined in the Act by section 158 as, in the opinion of the relevant licensing authority, a person who;

• (a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,
• (b) has business activities that might be affected by the authorised activities, or
• (c) represents persons who satisfy (a) or (b).

Downloadable forms:

• Review application [PDF, 15Kb]
• Notice to review premises licence Gambling application [PDF, 19Kb]
• Notice to publish premises licence Gambling application [PDF, 17Kb]

The Licensing Objectives are:

• (a) to prevent gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
• (b) to ensure that gambling is conducted in a fair and open way, and
• (c) to protect children and other vulnerable persons from being harmed or exploited by gambling.

Prior to making an application for a review, Interested Parties and Responsible Authorities may wish to consider whether their concern(s) could be effectively dealt with outside the formal review process. This could involve, for example:

• Talking to the premises licence holder to determine whether there are any steps that could be taken to rectify the situation.
• Asking their local MP or Councillor to speak to the premises licence holder on their behalf.
• Talking to the “relevant” Responsible Authority (e.g. the Police in relation to crime and disorder) to determine whether there is other legislation that may help to resolve the issue.

Things you may wish to consider when making an application for Review.

• It may be helpful to obtain the backing of other people living, or businesses operating, in the vicinity of the premises, or other “Responsible Authorities” such as the Police, Fire, Council and Customs and Excise. A list of these Responsible Authorities can be found in North Lincolnshire Council’s Gambling Policy.
• If you wish to ask another person to represent you at the review it is advisable to make such a request in writing so that the individual can demonstrate that they were asked. It will then be a matter for that individual to decide whether they should agree to your request.

You need to be able to back up your application with information supporting it, for example crime statistics.

You could also back up your claims by keeping a diary over a period of time. It could be some time before the review hearing so it is advisable to keep a clear record.

• Have a good idea as to how you would like the situation to be resolved.

How to make an application for a Review

An application for a review must be made to the relevant Licensing Authority, that is, the authority within whose area the premises are situated. To make an application for the review of a premises licence, you must:

• Complete a prescribed application form and submit it to the Licensing Authority stating the reasons why a review is being requested, together with supporting information and documents.
• Send a notice of the application to the premises licence holder and all Responsible Authorities, within 7 days of making your application to the Licensing Authority. The details of these Responsible Authorities can be found in North Lincolnshire Council’s Gambling Policy.

If the notice is not served correctly the Licensing Authority may not grant a review application until the notice requirements have been adhered to and the licence holder and Responsible Authorities have been given a period of 28 days from the relevant date in which to make representations to the Licensing Authority.