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Gambling Act 2005

 

NB Guidance and legal requirements are being constantly updated. Whilst every effort will be made to ensure these pages contain up to date information please follow all links to the Department of Culture Media and Sport (DCMS) web site and the Gambling Commission web site.

Introduction

The Gambling Act 2005 (the Act) gives effect to the Government's proposals for reform of the law on gambling. The Act comprehensively modernises the law on gambling and contains a new regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting. The Act comes fully into force on the 1st September 2007 and there are transitional arrangements to allow change from the current legislation to the new.

The Act places responsibilities on licensing authorities in ways similar to the Licensing Act 2003. There are some interdependencies between the Licensing Act 2003 and the Gambling Act 2005 in terms of the framework for decision making and the procedures that must be followed. However licensing authorities must take care to ensure that in dealing with applications under the Gambling Act they follow the procedures that this act requires and only take into account issues that are relevant to the Gambling Act 2005. Particular care must be taken not to confuse Gambling Act considerations with those relevant to alcohol licensing or planning.

Summary of the Gambling Act 2005

The Act repeals the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976.

Gambling will be unlawful in Great Britain, unless permitted by:

  • the measures contained in the Act; or
  • the measures contained in the National Lottery Act 1993.

Offences

Two comprehensive offences are established:

  • Providing facilities for gambling or using premises for gambling, in either case without the appropriate permission.

Such permission may come from a licence, permit, or registration granted pursuant to the Act or from an exemption given by the Act. Where authority to provide facilities for gambling is obtained under the Act, it will be subject to varying degrees of regulation, depending on the type of gambling, the means by which it is conducted, and the people by whom and to whom it is offered.

The Gambling Commission

The Act has introduced a unified regulator for gambling in Great Britain, the Gambling Commission ("the Commission"). The Act removes from licensing justices all responsibility for granting gaming and betting permissions. Instead, the Commission and local authorities will share between them responsibility for all those matters previously regulated by licensing justices.

Local Authorities

Local Authorities (Licensing Authorities) have powers to license gambling premises within their area, as well as undertaking functions in relation to lower stake gaming machines. Whilst the Gambling Commission regulates the gambling industry, licensing authorities have a number of important regulatory functions related to gambling.

Licensing Authorities have powers to grant premises licences, impose conditions and review licences, and licence certain lotteries The authority will also have responsibility for monitoring and enforcing the licences and permits it issues.

Responsible Authorities and interested parties can make representations on the grant of licences; it should be noted that the provisions are similar, but not identical, to those contained in the Licensing Act.

Contact Information:   adobe icon Gambling and Responsible Authorities [96kb]

Local Authority Licensing Policy

Licensing authorities are required to publish a statement of the principles which they propose to apply when exercising their functions. This sets out how the authority will meet the licensing objectives of the Act. New Forest District Council published their adobe icon policy [527kb] on 3rd January 2007 which will be reviewed every three years

Licensing Objectives

The Act contains three licensing objectives which underpin the functions that the Commission and Licensing Authorities will perform. These objectives are central to the new regulatory regime. They 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 persons from being harmed or exploited by gambling

Licences

The Act provides for three categories of licence:

Operators licences and personal licences will be issued and regulated by the Gambling Commission.

Local authorities will be responsible for the issue of premises licences for:

and grant permits for:

and authorise:

  • the temporary use of premises
  • occasional use notices

Application Forms and Notices

adobe icon Standard Application Form for a Premises Licence [33kb]

adobe icon Application Form for a Premises Licence - Vessels only [37kb]


New applications

adobe icon Notice of Application for Responsible Authorities - Premises Licence Application - Form A for Single Applicant [13kb] (to be used by premises licence applicant so as to notify responsible authorities of their premises licence application)

adobe icon Notice of Application for Responsible Authorities - Premises Licence Application - Form B for Joint Applicants [14kb] (to be used by premises licence applicants so as to notify responsible authorities of their premises licence application)

adobe icon Notice of Application to be Published - Premises Licence Application [19kb] (to be used by applicants to publish or give notice of application as per Section 160 Gambling Act 2005)


Provisional Statements

adobe icon Standard Application Form for a Provisional Statement [34kb]

adobe icon Application Form for a Provisional Statement - Vessels only [34kb]

adobe icon Notice of Application for Responsible Authorities - Provisional Statement Application - Form A for Single Applicant [13kb] (to be used by premises licence applicant so as to notify responsible authorities of their premises licence application)

adobe icon Notice of Application for Responsible Authorities - Provisional Statement Application - Form B for Joint Applicants [15kb] (to be used by premises licence applicants so as to notify responsible authorities of their premises licence application)

adobe icon Notice of Application to be Published - Provisional Statement Application [19kb] (to be used by applicants to publish or give notice of application as per Section 160 Gambling Act 2005)


Permits

adobe icon Application for an Unlicensed Family Entertainment Centre Gaming Machine Permit [102kb] (can be used for the conversion or new grant/change of name)

adobe icon Application for a Prize Gaming Permit [107kb] (can be used for the conversion or new grant/change of name)

Fees

Please follow link to access the adobe icon current fees charged by New Forest District Council [175kb]

Lotteries

Please follow link to access lotteries information


For further information contact:

Licensing Services
New Forest District Council

Tel: 023 8028 5505
Email: licensing@nfdc.gov.uk
Fax: 023 8028 5596

Other useful links:

adobe icon Adult Gaming Centres Document [68kb]

adobe icon Application for a Prize Gaming Permit [107kb]

adobe icon Application Form for a Premises Licence - Vessels only [37kb]

adobe icon Betting Premises Document [62kb]

adobe icon DCMS Betting Premises Document [151kb]

adobe icon Gambling Act 2005 Fees [175kb]

adobe icon Notice of Application for Responsible Authorities - Premises Licence Application - Form A for Single Applicant [13kb]

adobe icon Notice of Application for Responsible Authorities - Provisional Statement Application - Form A for Single Applicant [13kb]

adobe icon Notice of Application to be Published - Premises Licence Application [19kb]

adobe icon Responsible Authorities (Gambling) [102kb]

adobe icon Standard Application Form for a Provisional Statement [34kb]

adobe icon Transitional Conversion Application Form for a Premises Licence [35kb]

adobe icon Arcades Document [154kb]

adobe icon Application for an Unlicensed Family Entertainment Centre Gaming Machine Permit [102kb]

adobe icon Application Form for a Provisional Statement - Vessels only [34kb]

adobe icon Bingo Document [60kb]

adobe icon Consultation Document [149kb]

adobe icon Family Entertainment Centres Document [66kb]

adobe icon Gambling Commission Codes of Practice [468kb]

adobe icon Notice of Application for Responsible Authorities - Premises Licence Application - Form B for Joint Applicants [14kb]

adobe icon Notice of Application for Responsible Authorities - Provisional Statement Application - Form B for Joint Applicants [15kb]

adobe icon Notice of Application to be Published - Provisional Statement Application [19kb]

adobe icon Standard Application Form for a Premises Licence [33kb]

adobe icon Statement of Principles [527kb]

adobe icon Transitional Conversion Application Form for a Premises Licence - Vessels only [35kb]

Updated: 9 May 2017
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