Further copies of this document can be obtained from:
Licensing Team
Brighton & Hove City Council
Bartholomew House
Bartholomew Square
Brighton
BN1 1JP
Tel: 01273 294429
Email: Ehl.safety@brighton-hove.gov.uk
Web: http://www.brighton-hove.gov.uk/content/business-and-trade/licensing-and-gambling
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Contents
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Page |
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Executive Summary Part A The Gambling Act 2005 |
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1. The licensing objectives 2. Brighton & Hove 3. The purpose of the Gambling Act 2005 – Statement of Licensing Policy 4. The licensing framework 5. Declaration 6. Responsible authorities 7. Interested parties 8. Exchange of information 9. Licensing authority functions |
10 |
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Part B Promotion of the licensing objectives |
1212 |
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10.
Preventing
gambling from being a source of crime or disorder, being associated with
crime or disorder or being used to support crime 11. Ensuring that gambling is conducted in a fair and open way 12. Protecting children and other vulnerable persons from being harmed or exploited by gambling |
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Part C Premises licences |
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13. Premises Licences · Definition of a premises licence · Local Risk Assessment · Local Area Profile · Conditions · Door supervision 14. Adult gaming centres 15. Licensing family entertainment centres 16. Casinos 17. Bingo premises
18. Betting premises · Betting Machines 19. Tracks 20. Travelling fairs 21. Gaming Machines |
27 |
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Part D Permits, notices and lottery registrations |
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22. Unlicensed family entertainment centre gaming machine permits 23. Gaming machine permits in premises licensed for the sale of alcohol 24. Prize gaming permits 25. Club gaming and club machine permits 26. Temporary use notices 27. Occasional use notices (for tracks) 28. Small society lottery registrations |
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Part E Enforcement |
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29. Enforcement principles 30. Reviews 31. Test purchasing
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Appendices |
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Appendix 1 Glossary of terms Appendix 2 Gaming Machines Appendix 3 Summary of gaming entitlements for clubs and pubs
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The Gambling Act 2005 obtained Royal Assent in 2005 and came into effect in 2007.
Under Section 349 of the Gambling Act 2005, the Licensing Authority is required to prepare a statement of principles that they propose to apply in exercising their functions under this Act. This process is to be repeated every three years from 31st January 2007.
The consultation process is laid out clearly in the Gambling Act 2005, the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 and the Guidance to Licensing Authorities issued by the Gambling Commission (www.gamblingcommission.gov.uk).
The purpose of the Statement of Licensing Policy is to set out the principles that the Council propose to apply when determining licences, permits and registrations under the Gambling Act 2005.
Any decision taken by the Council in regard to determination of licences, permits and registrations should aim to permit the use of premises for gambling in so far as it is reasonably consistent with the licensing objectives, which are:
· Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.
· Ensuring gambling is conducted in a fair and open way.
· Protecting children and other vulnerable persons from being harmed or exploited by gambling.
The principles to be applied specifically to the determination of premises licence applications include definition of premises, location, duplication with other regulatory regimes, conditions, door supervision, layout of the premises and supervision of gaming facilities. The policy also specifically mentions adult gaming centres, family entertainment centres, casinos, bingo premises, betting premises, tracks and travelling fairs.
The Council has the ability to issue permits for prize gaming and unlicensed family entertainment centres. The Council is able to specify the information it requires as part of the application process which will aid determination and this information is described in this Policy.
Club gaming and club machine permits are also issued by the Council. The process for this is described, along with other processes specified in the legislation for example temporary use notices, occasional use notices and small society lotteries.
Enforcement of the legislation is a requirement of the Act that is undertaken by the Council in conjunction with the Gambling Commission. The policy describes the Council’s enforcement principles and the principles underpinning the right of review.
The policy has three appendices, describing the stakes and prizes which determine the category of a gaming machine, a glossary of terms and exempt gaming in pubs and clubs.
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Part A The Gambling Act 2005
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1.
The licensing
objectives
1.1.
Under the Gambling
Act 2005 (the Act) Brighton and Hove Council is the licensing authority responsible
for licensing premises for gambling activities as well as granting various
other gambling permits. In this document, unless otherwise stated, any
references to the Council are to the Brighton and Hove Licensing Authority.
1.2.
The Council will
carry out its functions under the Act with a view to aiming to permit the use
of premises for gambling in so far as it is reasonably consistent with the
three licensing objectives set out at Section 1 of the Act. 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;
· protecting children and other vulnerable persons from being harmed or exploited by gambling.
1.1. More information can be found about how
the Council will achieve this in Part B and Part C of this document.
1.2. The Council will follow any regulations
and statutory guidance issued in accordance with the Act and will have regard
to any codes of practice issued by the national gambling regulator, the
Gambling Commission.
1.3. The Council is aware that in making
decisions about premises licences, it should aim to permit the use of premises
for gambling in so far as it thinks it is:
· in accordance with any relevant code of practice issued by the Gambling Commission
· in accordance with any relevant guidance issued by the Gambling Commission
· reasonable consistent with the licensing objectives, and
·
in accordance with
this document.
1.4. The Gambling Commission’s Licence Conditions and Code of Practice (LCCP) require
gambling premises to undertake a risk assessment taking into consideration local information. Specific information about localities is provided in this policy at Part C.
2.1. Local features
The population of Brighton & Hove is
approximately 275,000, but this number increases significantly in the summer
months with the influx of tourists. The local visitor economy is characterised
by three sectors: conferences, leisure and English language education. In
2019, the City received 10.7 million tourism day trips and 1.67 million staying
visitors per year which equated to nearly 5.5 million nights stayed in the
City. In 2019 the Visitor economy generated over £976 million of direct income
for local businesses and supported over 24,000 jobs, 17.5% of the total
Brighton & Hove labour force is employed in jobs supported by tourism
expenditure.
Brighton Marina is one of the largest in Europe, and the City is a major centre
for heritage and culture, hosting the largest annual international arts
festival in England every May. There are also two Universities, a City College
and a large number of language schools, which together make the City very
popular with students from many parts of the world. Thirty five percent of the
population is aged 20-39, which is much higher than the national average. This
is quite different from the large retirement age population associated with
many coastal cities and reflects the City’s reputation among young people as an
attractive place to live.
2.2. Culture and Tourism
Licensing policy supports
entrepreneurial activity, promoting the City’s businesses, supporting growth of
the creative industries sector, extending the business improvement district.
The cultural and tourism offer in Brighton & Hove is crucial to the ongoing
economic success of the City; it brings both money and jobs. This range of
work also provides solutions to some of the problems of inequality in the
City.
The City of Brighton & Hove already provides many gambling facilities.
There are two racetracks, Brighton Racecourse on Whitehawk Down which has been
a site of organised public racing since the late eighteenth century and Coral
Greyhound Racing Stadium in Hove. Brighton and Hove were two of the 53
permitted areas in Great Britain with four casinos under the 1968 Act. There
are numerous bingo and betting premises. As a seaside resort, there is a
history of amusement arcades, known as family entertainment centres, and adult
gaming centres.
3. The Purpose of the Gambling Act 2005 – Statement of Licensing Policy
3.1.
Licensing
authorities are required by the Gambling Act 2005 to publish a statement of the
principles which they propose when exercising their functions under the Act.
This document fulfils this requirement. Such statement must be published at
least every three years. The statement can also be reviewed from “time to
time” and any amendments must be consulted upon. The statement must then be
re-published.
3.2.
Consultation was undertaken
with the following:-
· the chief officer of police for the authority’s area; and HM Revenue & Customs;
· persons representing the interests of persons carrying on gambling businesses in the authority’s area – including existing casino operators, the British Casino Association, betting shops and the Association of British Bookmakers, bingo premises, operators of amusement facilities in the area, the Racecourse Association, Brighton Business Forum;
·
persons who
represent the interests of persons who are likely to be affected by the Act,
including faith groups, local residents and tenants associations, voluntary and
community organisations working with children and young people, operators of
small lotteries, organisations working with people who are problem gamblers,
medical practices, and advocacy organisations such as Citizens Advice Bureau,
The Money Advice Trust and National Debtline, GamCare, Members and trade
unions, and others via the Council’s consultation portal.
3.3.
The consultation
took place between XXXXX and XXXXXX and followed the Council’s Officer’s Code
of Practice on Consultation. The consultation elicited X responses which are
available on request. The policy was approved at a meeting of the Full Council
on XXth December 2021.
4.1.
The Gambling Act
2005 brought about changes to the way that gambling is administered in the
United Kingdom. The Gambling Commission is the national gambling regulator and
has a lead role in working with central government and local authorities to
regulate gambling activity.
4.2.
The Gambling
Commission issues operators’ licences and personal licences. Any operator
wishing to provide gambling at a certain premises must have applied for the
requisite personal licence and operator licence before they can approach the
Council for a premises licence. In this way the Gambling Commission is able to
screen applicants and organisations to ensure they have the correct credentials
to operate gambling premises. The Council’s role is to ensure premises are
suitable for providing gambling in line with the three licensing objectives and
any codes of practice issued by the Gambling Commission. The Council also
issues various permits and notices to regulate smaller scale and or ad hoc
gambling in various other locations such as pubs, clubs and hotels.
4.3.
The Council does not
licence large society lotteries or remote gambling through websites. These
areas fall to the Gambling Commission. The National Lottery is not licensed by
the Gambling Act 2005 and is regulated by the Gambling Commission under the
National Lottery Act 1993.
5.1.
This statement of
licensing policy will not override the right of any person to make an
application, make representations about an application, or apply for a review
of a licence, as each will be considered on its own merits and according to the
statutory requirements of the Gambling Act 2005.
5.2.
In producing this
document, the Council declares that it has had regard to the licensing
objectives of the Gambling Act 2005, the guidance issued by the Gambling
Commission, and any responses from those consulted on the policy statement.
6.1.
The Act empowers
certain agencies to act as responsible authorities so that they can employ
their particular area of expertise to help promote the licensing objectives.
Responsible authorities are able to make representations about licence
applications, or apply for a review of an existing licence. Responsible
authorities will also offer advice and guidance to applicants.
6.2.
The Council is
required by regulations to state the principles it will apply to designate, in
writing, a body which is competent to advise the authority about the protection
of children from harm. The principles are:
· The need for the body to be responsible for an area covering the whole of the licensing authority’s area;
·
The need for the
body to be answerable to democratically elected persons, rather than any
particular vested interest group etc.
6.3. In accordance with the regulations, the Council designates the Brighton & Hove Safeguarding Children Partnership (BHSCP) for this purpose. The BHSCP utilises the Pan Sussex Child Protection and Safeguarding Procedures. Applicants may find these procedures useful as a point of reference, a guide for good practice and the mechanism by which to make a referral to children’s social work, when producing their own policies and procedures in relation to the objective of protection of children and vulnerable people.
6.4.
The contact details
of all the responsible authorities under s157 of the Gambling Act 2005 are
available on the Council’s website within the Gambling Policy at page 39.
7.1.
Interested parties
are certain types of people or organisations that have the right to make
representations about licence applications, or apply for a review of an
existing licence. These parties are defined in the Gambling Act 2005 as
follows:
“For the purposes of this Part, a person is an interested party in relation to
an application for or in respect of a premises licence if, in the opinion of
the licensing authority which issues the licence or to which the application is
made, the person –
a) lives sufficiently close to the premises to be likely to
be affected by the authorised
activities;
b) has business interests that might be affected by the authorised activities; or
c) represents
persons who satisfy paragraph (a) or (b).”
7.2
The Council is
required by regulations to state the principles it will apply to determine
whether a person is an interested party. The principles are:
·
Each case will be
decided upon its merits. The Council will not apply a rigid rule to its
decision making. It will consider the examples of considerations provided in
the Gambling Commission’s guidance to local authorities.
·
Within this
framework, the Council will accept representations made on behalf of residents
and tenants’ associations
·
In order to
determine if an interested party lives or has business interests sufficiently
close to the premises to be likely to be affected by the gambling activities,
the Council will consider factors such as the size of the premises and the
nature of the activities taking place.
8.1 Licensing
authorities are required to include in their policy statement, the principles
to be applied by the authority with regards to the exchange of information
between it and the Gambling Commission, as well as other persons listed in
Schedule 6 to the Act.
8.2
The principle that
the Council applies is that it will act in accordance with the provisions of
the Gambling Act 2005 in its exchange of information, which includes the
provision that the Data Protection Act 1998 will not be contravened. The
Council will also have regard to any guidance issued by the Gambling Commission
to local authorities on this matter, as well as any relevant regulations issued
by the Secretary of State under the powers provided in the Gambling Act 2005.
8.3 Please note: names and addresses of those making
representations will usually be disclosed to applicants.
8.4 The gambling authority shall secure the
proper integration of this policy with local crime prevention, planning,
tourism and cultural strategies by:-
· liaising and consulting with the Sussex Police, HM Revenue & Customs and the Community Safety Strategy representatives, and following the guidance in community safety and crime and disorder strategy;
· liaising and consulting with the planning authority;
· liaising and consulting with tourism, stakeholder groups, business groups such as the business forums and the economic development functions for the Council;
·
having regard to any
future documents issued relating to the Private Security Industry Act 2001, for
example liaison or information sharing protocols.
9 Licensing authority functions
9.1 Licensing authorities are
responsible under the Act for:
· licensing premises where gambling activities are to take place by issuing premises licences
· issuing provisional statements
· regulating members’ clubs institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits
· issuing Club Machine Permits to commercial clubs
· granting permits for the use of certain lower stake gaming machines at Unlicensed Family Entertainment Centres
· receiving notifications from alcohol licensed premises (under the Licensing Act 2003) of the use of two or less gaming machines
· granting Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises under the Licensing Act 2003, where more than two machines are required
· registering small society lotteries below prescribed thresholds
· issuing Prize Gaming Permits
· receiving and endorsing Temporary Use Notices
· receiving Occasional Use Notices (for tracks)
· providing information to the Gambling Commission regarding details of licences issued (see section above on “Exchange of information”)
· maintaining registers of the permits and licences that are issued under these functions.
9.2 Family Entertainment Centres –
Applicants for permits for
family entertainment centres will be required to submit enhanced DBS
(Disclosure and Barring Service) certificate and declaration from an applicant
that he or she has not been convicted of a relevant offence.
9.3 The functions of the Licensing Authority under the Act may be carried out by the Licensing Committee, but a Sub-Committee or by one or more officers acting under delegated authority. Delegated powers shall be in accordance with the table below.
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Matter to be dealt with |
Full Council |
Sub-Committee |
Officers |
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Three year licensing policy |
X |
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Policy not to permit casinos |
X |
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X |
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Fee setting (when appropriate) |
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X |
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Application for premises licence |
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If a representation made |
If no representation made |
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Application for a variation to a licence |
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If a representation made |
If no representation made |
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Application for a transfer of a licence |
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If a representation made |
If no representation made |
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Application for provisional statement |
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If a representation made |
If no representation made |
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Review of a premises licence |
|
X |
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Application for club gaming/club machine permits |
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If a representation made |
If no representation made |
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Cancellation of club gaming/club machine permits |
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X |
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Applications for other permits |
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X |
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Cancellation of licensed premises gaming machine permits |
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X |
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Consideration of temporary use notice |
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X |
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Decision to give a counter notice to a temporary use notice |
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X |
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9.4 At the time of adopting this Policy, the Licensing Authority was responsible for the following number of premises licences and permits:
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Number of Gambling Authorisations – Current Figures (May 2021) |
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Betting Premises Licences |
25 |
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Bingo Premises Licences |
2 |
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Adult Gaming Centre Premises Licences |
6 |
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Family Entertainment Centre Premises Licences |
1 |
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Family Entertainment Centre Permits |
5 |
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Alcohol licensed premises providing two or less gaming machines |
185 |
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Alcohol licences premises providing three or more gaming machines |
22 |
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Club Gaming Permits |
3 |
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Club Machine Permits |
8 |
|
Casinos |
4 |
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Betting Track |
2 |
Part B Promotion of the licensing objectives under the Gambling Act 2005
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10 Preventing gambling from being a source
of crime or disorder, being associated with crime or disorder or being used to
support crime.
10.1
Applicants for
premises licences will have to hold an operating licence from the Gambling
Commission before the premises licence can be issued. The licensing authority
will not need to investigate the suitability of an applicant since the
Commission will have already done so for both operating and personal licences.
10.2
If, during the
course of considering a premises licence application, or at any other time, the
licensing authority receives information that causes it to question the
suitability of the applicant to hold an operating licence, these concerns
should be brought to the attention of the Commission without delay.
10.3
Licensing
authorities will need to consider the location of premises in the context of
this objective. If an application for a licence or permit is received in
relation to premises that are in an area noted for particular problems, e.g.
organised crime, the authority should think about what controls might be
appropriate to prevent those premises becoming a source of crime. These might
include conditions being put on the licence. Section 169 of the Act allows the
authority to impose conditions to prevent disorder.
10.4 Consideration may be given to imposition of conditions concerning:
· Security and door supervision – guarding premises against unauthorised access or occupation, or against outbreaks of disorder or against damage may only be undertaken by Security Industry Authority licensed personnel.
·
As set by
regulation.
10.5
There is no evidence
that the operation of betting offices has required door supervisors for the
protection of the public. The authority will make a door supervision
requirement only if there is clear evidence from the history of trading at the
premises, that the premises cannot be adequately supervised from the counter
and that door supervision is both necessary and proportionate.
11 Ensuring that gambling is conducted in a
fair and open way
11.1
Generally, the
Commission would not expect licensing authorities to become concerned with
ensuring that gambling is conducted in a fair and open way as this will be a
matter dealt with under the operating licence or personal licence.
11.2 In relation to the licensing of tracks, the licensing authority’s role will be different from other premises in that track operators will not necessarily have an operating licence. In those circumstances, the premises licence may need to contain conditions to ensure that the environment in which betting takes place is suitable. Off-course operators with on-course facilities may be required to hold a separate betting premises licence for this area, but this will not be a mandatory requirement and will be at the discretion of the racecourse and the betting operator.
12 Protecting children and other vulnerable
persons from being harmed or exploited by gambling
12.1
The Act provides the
following definition for child and young adult in Section 45:
Meaning of “child” and “young person”
(1) In this Act “child” means and individual who is less than 16 years old.
(2) In this Act “young person” means an
individual who is not a child but who is less than 18 years old.
For the purpose of this section, protection of children will encompass both
child and young person as defined by the Act.
12.2
The Council will pay
particular attention to any codes of practice which the Gambling Commission
issues as regards this licensing objective in relation to specific premises
such as casinos.
12.3
Examples of the
specific steps the Council may take to address this area can be found in the
various sections covering specific premises types in Part C of this document
and also in Part D which covers permits and notices.
12.4
In the case of
premises licences, the Council is aware of the extensive requirements set out
for operators in the Gambling Commission’s Code of Practice. In this document,
the Gambling Commission clearly describe the policies and procedures that
operators should put in place regarding:
· Combating problem gambling
· Access to gambling by children and young persons
· Information on how to gamble responsibly and help for problem gamblers
· Customer interaction
· Self exclusion
·
Employment of
children and young persons
12.5
All applicants
should familiarise themselves with the operator licence conditions and codes of
practice relating to this objective, and determine if these policies and
procedures are appropriate in their circumstances. The Council will
communicate any concerns to the Gambling Commission about any absence of this
required information.
12.6 Applicants may also like to make reference to the Sussex Safeguarding Adults Policy and Procedures which provides extensive guidance on identifying vulnerable people at risk of abuse or neglect and how to report a concern. This document can be accessed via https://sussexsafeguardingadults.procedures.org.uk/
12.7
The Act does not
seek to prohibit particular groups of adults from gambling in the same way that
it prohibits children. The Gambling Commission, in its Guidance to Local
Authorities, does not seek to offer a definition for the term “vulnerable
people” but will, for regulatory purposes, assume that this group includes
people:
“who gamble more than they want to, people who gamble beyond their means,
elderly persons, and people who may not be able to make informed or balanced
decisions about gambling due to a mental impairment, or because of the
influence of alcohol or drugs”.
Operators should make information publicly available via leaflets, etc about
organisations that can provide advice and support, both in relation to gambling
itself, to debt and mental wellbeing, e.g. GamCare, Gamblers Anonymous, Gordon
House Association, National Debtline, local Citizens Advice Bureaux, Samaritans
and independent advice agencies.
12.8
Applicants should
consider the following proposed measures for protecting and supporting
vulnerable persons, for example:
· leaflets offering assistance to problem gamblers should be available on gambling premises in a location that is both prominent and discreet, such as toilets;
· training for staff members which focuses on building an employee’s ability to maintain a sense of awareness of how much (e.g. how long) customers are gambling, as part of measures to detect persons who may be vulnerable.
· trained personnel for the purpose of identifying and providing support to vulnerable persons
· self exclusion schemes
· operators should demonstrate their understanding of best practice issued by organisations that represent the interests of vulnerable people
· posters with GamCare Helpline and website in prominent locations
·
windows, entrances
and advertisements to be positioned or designed not to entice passers-by.
12.9
It should be noted
that some of these measures form part of the mandatory conditions placed on
premises licences.
12.10
The Council may
consider any of the above or similar measures as licence conditions should
these not be adequately addressed by any mandatory conditions, default
conditions or proposed by the applicant.
12.11
With limited
exceptions, the intention of the Gambling Act is that children and young
persons should not be permitted to gamble and should be prevented from entering
those gambling premises that are adult-only environments. Children must be
protected from being “harmed or exploited by gambling” which in practice means
preventing them from taking part in, or being in close proximity to, gambling
and for there to be restrictions on advertising so that gambling products are
not aimed at children or advertised in such a way that makes them particularly
attractive to children.
12.12 Specific measures to prevent this may include:-
· Supervision of entrances
· Segregation of gambling from areas frequented by children
· Supervision of gaming machines in non-adult gambling specific premises
· Gaming machines in betting shops should not be visible from outside the premises
·
Enhanced DBS
(Disclosure and Barring Service) checks may be required for all applicants in
relation to Family Entertainment Centres and declaration from an applicant that
he or she has not been convicted of a relevant offence.
These
considerations will be particularly relevant on tracks (where children will be
permitted in the betting areas on race-days).
12.13
Consideration must
be given, in relation to particular premises, whether any special
considerations apply in relation to the protection of vulnerable persons. Any
such considerations will need to be balanced against the authority’s objective
to aim to permit the use of premises for gambling.
12.14
The licensing
authority recognises Brighton & Hove Children’s Services as being competent
to advise on matters relating to the protection of children from harm.
Applicants shall copy their applications to: Head of Safeguarding, Brighton
& Hove City Council, Children’s Services, Moulsecoomb Hub North, Hodshrove
Lane, Brighton, BN2 4SE in its capacity as the responsible authority.
12.15
Children are
permitted to enter family entertainment centres and may play category D
machines.
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Promotion of the licensing objectives
13.1
The Council will
issue premises licences to allow those premises to be used for certain types of
gambling. For example premises licences will be issued to amusement arcades,
bingo halls, bookmakers and casinos.
13.2
Premises licences
are subject to the permissions/restrictions set out in the Gambling Act 2005
and regulations, as well as specific mandatory and default conditions which are
detailed in regulations issued by the Secretary of State. Licensing authorities
are able to exclude default conditions and also attach other conditions, where
it is believed to be necessary and proportionate.
13.3
Applicants should
also be aware that the Gambling Commission has issued Codes of Practice for
each interest area for which they must have regard. The Council will also have
regard to these Codes of Practice.
13.4
Premises is defined
in the Act as “any place”. Different premises licences cannot apply in respect
of a single premises at different times. However, it is possible for a single
building to be subject to more than one premises licence, provided they are for
different parts of the building and the different parts of the building can be
reasonably regarded as being different premises. Whether different parts of a
building can properly be regarded as being separate premises will always be a
question of fact in the circumstances.
13.5
The Council will
take care in considering applications for multiple licences for a building and
those relating to a discrete part of a building used for other (non-gambling)
purposes. In particular the Council will assess entrances and exits from parts
of a building covered by one or more licences to satisfy itself that they are
separate and identifiable so that the separation of different premises is not
compromised and that people do not “drift” into a gambling area.
13.6
The Council will pay
particular attention to applications where access to the licensed premises is
through other premises (which themselves may be licensed or unlicensed).
Issues that the Council will consider before granting such applications include
whether children can gain access, compatibility of the two establishments; and
the ability to comply with the requirements of the Act. In addition, an
overriding consideration will be whether, taken as a whole, the co-location of
the licensed premises with other facilities has the effect of creating an
arrangement that otherwise would, or could, be prohibited under the Act.
13.7
An applicant cannot
obtain a full premises licence until they have the right to occupy the premises
to which the application relates.
13.8
The Council is aware
that demand issues (eg. the likely demand or need for gambling facilities in an
area) cannot be considered with regard to the location of premises but that
considerations in terms of the licensing objectives can. The Council will pay
particular attention to the protection of children and vulnerable persons from
being harmed or exploited by gambling, as well as issues of crime and disorder.
13.9
With regard to these
objectives, it is the Council’s policy, upon receipt of any relevant
representations, to look at specific location issues, including:
· the possible impact a gambling premises may have on any premises that provide services to children or young people, i.e. a school, or vulnerable adult centres in the area;
· the possible impact a gambling premises may have on residential areas where there may be a high concentration of families with children;
· the size of the premises and the nature of the activities taking place;
·
any levels of
organised crime in the area.
13.10
In order for location
to be considered, the Council will need to be satisfied that there is
sufficient evidence that the particular location of the premises would be
harmful to the licensing objectives.
13.11
From 6 April 2016,
it is a requirement of the Gambling Commission’s Licence Conditions and Codes
of Practice (LCCP), under Section 10, for licensees to assess the local risks
to the licensing objectives posed by the provision of gambling facilities at
their premises and have policies, procedures and control measures to mitigate
those risks. In making risk assessments, licensees must take into account
relevant matters identified in this policy.
13.12
The LCCP goes on to
say licensees must review (and update as necessary) their local risk
assessments:
· to take account of significant changes in local circumstance, including those identified in this policy;
· when there are significant changes at a licensee’s premises that may affect their mitigation of local risks;
· when applying for a variation of a premises licence; and
·
in any case,
undertake a local risk assessment when applying for a new premises licence.
13.13 Mental health is of particular concern locally. When compared with our benchmark partners Brighton and Hove has the highest percentage of patients with long term mental health problems, and also the highest percentage of patients with depression and anxiety.
13.14
The Council will
expect the local risk assessment to consider as a minimum:
· whether the premises is in an area of deprivation;
· whether the premises is in an area subject to high levels of crime and/or disorder; including known problems in the area such as problems arising from street drinkers, youths participating in anti-social behaviour, drug dealing activity, etc.
· the demographics of the area in relation to vulnerable groups;
· the location of services for children such as schools, playgrounds, toy shops, leisure centres and other areas where children will gather;
· significant presence of young children, both residents and visitors;
· high unemployment area;
· nearby homeless hostels;
· nearby gambling, alcohol, drug or mental health support facility;
· the area has a high number of rough sleepers/homeless people;
· the area has a specific ethnic population;
· pawn broker/pay day loan businesses in the vicinity;
· other gambling premises in the vicinity.
· Factors affecting the footfall.
·
The proximity of
churches, mosques, temples or any other place of worship
Information around these groups is available in the Local Area Profile (LAP) in
section 13.20.
13.15
In any case, the
local risk assessment should show how vulnerable people, including people with
gambling dependencies, are protected.
13.16
Other matters that
the assessment may include:
· The training of staff in brief intervention when customers show signs of excessive gambling, the ability of staff to offer brief intervention and how the manning of premises affects this.
· Details as to the location and coverage of working CCTV cameras, and how the system will be monitored.
· The layout of the premises so that staff have an unobstructed view of persons using the premises.
· The number of staff that will be available on the premises at any one time. If at any time that number is one, confirm the supervisory and monitoring arrangements when that person is absent from the licensed area or distracted from supervising the premises and observing those persons using the premises.
· Arrangements for monitoring and dealing with under age persons and vulnerable persons, which may include dedicated and trained personnel, leaflets, posters, self-exclusion schemes, window displays and advertisements not to entice passers-by, etc.
· The provision of signage and documents relating to games rules, gambling care providers and other relevant information be provided in both English and the other prominent first language for that locality.
·
Where the
application is for a betting premises licence, other than in respect of a
track, the location and extent of any part of the premises which will be used
to provide facilities for gambling in reliance on the licence.
13.17
Such information may
be used to inform the decision the Council makes about whether to grant the
licence, to grant the licence with special conditions or to refuse the
application.
13.18 This policy does not preclude any application being made and each application will be decided on its merits, with the onus being upon the applicant to show how the concerns can be overcome.
13.19
Whilst there is no
statutory requirement for licensees to share their risk assessments with
responsible authorities or interested parties, the Gambling Commission’s
Licensing Conditions & Codes of Practice document states that licensees
should share their risk assessment with licensing authorities on request as
best practice (ordinary code 10.1.2). We therefore consider it appropriate for
operators to hold premises risks assessments on premises. Doing so can also
save considerable time and expense, as well as increasing the confidence of
those agencies as to the operator’s awareness of their obligations.
13.20 Each locality has its own character and challenges. In order to assist applicants, where there is an issue in a local area which impacts on how the applicant should complete their risk assessment, the Council has published a local area profile. This profile, compiled in conjunction with the Public Health Intelligence Team, can be obtained from http://www.brighton-hove.gov.uk/content/business-and-trade/licensing-and-gambling.
13.21
The local area
profile should be given careful consideration when making an application.
Applicants may be asked to attend a meeting with licensing officers to discuss
the profiles, appropriate measures to mitigate risk in the area and how they
might be relevant to their application. The local area profile will be
presented to any subsequent licensing sub-committee when they determine an
application that has received representations.
13.22
The Council
recognises that it cannot insist on applicants using the local area profile
when completing their risk assessments. However, an applicant who decides to
disregard the profile may face additional representations and the expense of a
hearing as a result.
13.23
The Council is aware
that the Secretary of State has set mandatory conditions and default conditions
and the Gambling Commission has set Licence Conditions and Codes of Practice
which are necessary for the general good conduct of gambling premises,
therefore it is unlikely that the Council will need to impose individual
conditions imposing a more restricted regime in relation to matters that have
already been dealt with.
13.24
Where there are
specific risks or problems associated with a particular locality, or specific
premises, or class of premises, the Council will attach individual conditions
to address this.
13.25
Any conditions
attached to a licence issued by the Council will be proportionate and will be:
· relevant to the need to make the proposed building suitable as a gambling facility
· directly related to the premises and the type of licence applied for and/or related to the area where the premises is based
· fairly and reasonably related to the scale, type and location of premises
· consistent with the licensing objectives, and
·
reasonable in all
other respects.
13.26
Decisions about
individual conditions will be made on a case by case basis, although there will
be a number of control measures the Council will consider using, such as
supervision of entrances, supervision of adult gaming machines, appropriate
signage for adult only areas, etc. There are specific comments made in this
regard under each of the licence types in this policy. The Council will also
expect the applicant to offer his/her own suggestions as to the way in which
the licensing objectives can be met effectively.
13.27
Where certain
measures are not already addressed by the mandatory/default conditions or by
the applicant, the Council may consider licence conditions to cover issues such
as:
· proof of age schemes
· use of security to minimise risk of disturbances including CCTV, SIA licensed security presence at the venue.
· supervision of entrances
· supervision of machine areas
· a reduction in the number of betting machines (betting premises)
· the staffing of premises, including restricting single manning operations (no lone working) due to concerns over timely age verification, safety of staff, supervision, ability to comply with company policies on problem gambling, and the ability to provide brief interventions.
· physical separation of areas
· location of entrance points
· notices/signage
· specific opening hours
· a requirement that children must be accompanied by an adult
· enhanced DBS checks of the applicant and/or staff
· support to persons with gambling addiction, including outline the amount and content of gambling harms support advertising that should be in the premises (including local treatment support).
· Provision of leaflets offering assistance to problem gamblers should be available on gambling premises in a location that is both prominent and discreet, such as toilets
· policies to address seasonal periods where children may more frequently attempt to gain access to premises and gamble such as pre and post school hours, and school holidays
· policies to address the problems associated with truant children who may attempt to gain access to premises and gamble
· any one or a combination of the measures as set out in this policy.
13.28
This list is not
mandatory or exhaustive and is merely indicative of examples of certain
measures which may satisfy the requirements of the licensing authority and the
responsible authorities, depending on the nature and location of the premises
and the gambling facilities to be provided.
13.29
There are conditions
which the Council cannot attach to premises licences which are:
· any condition on the premises licence which makes it impossible for the applicant to comply with an operating licence condition;
· conditions relating to gaming machine categories, numbers, or method of operation;
· conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated) and
·
conditions in
relation to stakes, fees, winnings or prizes.
13.30
The Council will
consider whether there is a need for door supervision in terms of the licensing
objectives of protection of children and vulnerable persons from being harmed
or exploited by gambling, and also in terms of preventing premises becoming a
source of crime. It is noted, though, that the Gambling Act 2005 has amended
the Private Security Industry Act 2001, and that the door supervisors at
casinos or bingo premises are not required to be licensed by the Security
Industry Authority. Where door supervisors are provided at these premises, the
operator should ensure that any persons employed in this capacity are fit and
proper to carry out such duties. Possible ways to achieve this could be to
carry out a DBS (Disclosure and Barring Service) check on potential staff and
for such personnel to have attended industry recognised training.
14.1
Under the Act a
premises holding an adult gaming centre licence will be able to make category
B, C and D gaming machines available and no one under 18 will be permitted to
enter such premises (see Appendix 2).
14.2
As no one under the
age of 18 is permitted to enter an Adult Gaming Centre, the Licensing Authority
will specifically have regard to the need to protect children and vulnerable
persons from harm or being exploited by gambling, and will expect the applicant
to consider their own measures to meet the Licensing Objectives and comply with
all mandatory conditions and Gambling Commission Codes of Practice. However,
the appropriate measure may cover issues such as:
· CCTV
· Minimum staffing levels
· Induction training for new staff and refresher training for existing staff
· Refusals register
· Proof of age schemes (e.g. Think 21)
· Third party test purchasing
· Location of entry to premises
·
Infra Red Beam
positioned across the entrance to the premises.
The list, however, is not mandatory, nor exhaustive and applicants are recommended to consider this Licensing Objective very carefully when applying for an Adult Gaming Centre Premises Licence.
Where the Adult Gaming Centre is situated in a complex, the Licensing Authority will pay particular attention to the location of entry so as to minimise opportunities for children gaining access. In particular, the Licensing Authority will not look favourably on situations where child orientated machines or facilities are sited close to the entrance to an Adult Gaming Centre.
15 Licensing family entertainment centres
(FECs)
15.1
Licensed family
entertainment centres are those premises which usually provide a range of amusements
such as computer games, penny pushers and may have a separate section set aside
for adult only gaming machines with higher stakes and prizes.
15.2
Licensed family
entertainment centres will be able to make available unlimited category C and D
machines where there is clear segregation in place so children do not access
the areas where the category C machines are located (see Appendix 1).
15.3
Where category C or
above machines are available in premises to which children are admitted then
the Council will ensure that:
· All such machines are located in an area of the premises separate from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance. For this purpose, a rope, floor markings or similar provision will not suffice and the Council may insist on a permanent barrier of at least 1 meter high.
· Only adults are admitted to the area where the machines (category C) are located
· Access to the area where the machines are located is supervised at all times
· The area where the machines are located is arranged so that it can be observed by staff; and
·
At the entrance to,
and inside any such area, there are prominently displayed notices indicating
that access to the area is prohibited to persons under 18.
15.4
The Council will
expect the applicant to show that there are policies and procedures in place to
protect children from harm. Harm in this context is not limited to harm from
gambling but includes wider child protection considerations.
15.5
Children and young
persons may enter Licensed FECs but are not permitted to play Category C
machines. The Licensing Authority will expect the applicant to ensure that
there will be sufficient measures to prevent under 18 year olds having access
to the adult only gaming machine areas. The Licensing Authority will expect
applicants to meet the Licensing Objectives and comply with all mandatory
conditions and Codes of Practice issued by the Gambling Commission. However,
appropriate measures may cover issues such as:
· CCTV, specifically sited where the adult machines are likely to be situated
· Controlled supervision of entrance and machine areas
· Physical segregation of machines and areas
· Provision of information leaflets/helpline numbers of organisations such as GamCare
· Minimum staffing levels
· Induction training for new staff and refresher training for existing staff
· Refusals register
· Proof of age schemes (e.g. Think 21)
· Third party test purchasing
· Location of entry to premises
·
Infra Red Beam
positioned across the entrance to the premises.
This
list is not mandatory, nor exhaustive and is merely indicative of example
measures.
With regard to vulnerable persons, the Licensing Authority will consider
measures such as the use of self barring schemes, provision of information
leaflets / helpline numbers for organisations such as GamCare as appropriate.
15.6
Due to the nature of
these premises, which are attractive to children, applicants who employ staff
to supervise the premises should consult with the Council’s Performance and
Safeguarding team within Children’s Services to determine if their staff need
to be DBS checked.
16.1
There are four
current casino licences in Brighton & Hove, Genting Casino in Preston
Street, Grosvenor Seafront Casino and Brighton E Casino in Grand Junction Road
and Rendezvous Casino in the Marina which were licensed under the Gaming Act
1968, and which have been subsequently converted into Gambling Act 2005
Converted Casino Premises Licences. What was the Grosvenor, Fourth Avenue,
Hove, Casino licence was moved in 2012 by way of a variation application to the
basement of 9 Grand Junction Road and remained dormant until a variation was
granted in 2018 to relocate it within the same building and it now operates
alongside the Grosvenor Seafront Casino and is known as the Brighton E Casino.
16.2
Statement regarding
casino resolution – The licensing authority has taken a decision to pass a
resolution not to issue new casino licences in Brighton & Hove.
17.1
There is no official
definition for bingo in the Gambling Act 2005, however, from a licensing point
of view there is a category of premises licence specifically for bingo premises
which is used by traditional commercial bingo halls for both cash and prize
bingo. In addition, this premises licence will authorise the provision of a
limited number of gaming machines in line with the provisions of the Act (see
Appendix 1).
17.2
The Council is aware
that it is important that if children are allowed to enter premises licensed
for bingo, they do not participate in gambling, other than on category D
machines. Where category C or above machines are available in premises to
which children are admitted, then the Council will ensure that:
· All such machines are located in an area of the premises separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance. For this purpose, a rope, floor markings or similar provision will not suffice and the Council may insist on a permanent barrier of at least one meter high
· Only adults are admitted to the area where the machines are located
· Access to the area where the machines are located is supervised at all times
· The area where the machines are located is arranged so that it can be observed by staff
· At the entrance to, and inside any such area, there are prominently displayed notices indicating that access to the area is prohibited to persons under 18
·
Children will not be
admitted to bingo premises unless accompanied by an adult.
17.3
The Gambling
Commission has provided Guidance for Licensing Authorities and Licence
Conditions and Code of Practice which are applied to Operators’ Licences. The
Council will take this into consideration when determining licence applications
for bingo premises.
17.4
Where certain
measures are not already addressed by the mandatory/default conditions, the
Gambling Commission Code of Practice or the applicant, the Council may consider
licence conditions to address such issues.
17.5
The Gambling
Commission has issued Codes of Practice relating to Bingo premises and the
Licensing Authority expects all applicants to comply with these codes. The
Licensing Authority will not look favourably upon an application where an
applicant seeks a Bingo Premises Licence with the sole intention of placing
Category B2 Gaming Machines only in the premises with no provision for
facilities for bingo, as this is not considered to be in the spirit of the
Act. This is referred to in more detail in the Gaming Machines section of this
Policy Statement. Applicants and premises licence holders are reminded of the
Gambling Commission’s operator licence conditions requiring that bingo is
provided as the primary activity in any premises that hold or apply for bingo
premises licence.
17.6
Where bingo is
permitted in alcohol-licensed premises, this must be low turnover bingo only
and applicants are expected to comply with any Codes of Practice and advice
issued by the Gambling Commission. High turnover bingo will require a Bingo
Operating Licence. Definitions of low and high turnover bingo are available by
contacting the Licensing Team or by referring to the Gambling Commission’s
website.
18.1
The Licensing
Authority is responsible for issuing and monitoring Premises Licences for all
betting premises and children will not be permitted entry to a premises with a
Betting Premises Licence. They may, however, be permitted entry to tracks and
special rules will apply. In addition, the Licensing Authority recommends that
an applicant for gaming machines in such premises, considers carefully the
location of betting machines to ensure that they are not in sight of the
entrance to the premises.
18.2
While the Licensing
Authority has discretion as to the number, nature and circumstances of use of
betting machines, there is no evidence that such machines give rise to
regulatory concerns. The Licensing Authority will consider limiting the number
of machines only where there is clear evidence that such machines have been, or
are likely to be, used in breach of the Licensing Objectives. Where there is
such evidence, the Licensing Authority may consider, when reviewing the
licence, the ability of staff to monitor the use of such machines from the
counter. When considering whether or not to impose such a condition, the
Licensing Authority will take into account the following:
· The size of the premises
· The number of counter positions available for person to person transactions; and
·
The ability of staff
to monitor the use of the machines by children and young or vulnerable persons.
18.3
The Licensing
Authority will expect applicants to meet the Licensing Objectives and comply
with all mandatory conditions and Codes of Practice issued by the Gambling
Commission. In determining whether an application meets the aforementioned
criteria, the Licensing Authority may give consideration as to whether
appropriate measures are or will be in place to address the matters listed
below:
· Minimum staffing levels
· Induction training for new staff and refresher training for existing staff
· Refusals register
· Proof of age schemes (e.g. Think 21)
· Provision of CCTV
· Entry control system
· Supervision of entrances / machine areas
· Self-barring schemes
·
Provision of
information leaflets / helpline numbers for organisations such as GamCare
18.4
This list is not
exhaustive and is merely indicative of example measures. The Licensing
Authority will expect applicants to offer their own measures to meet the
licensing objectives.
18.5
With regard to
vulnerable persons, the Licensing Authority will consider measures such as the
use of self-barring schemes, provision of information leaflets /helpline
numbers for organisations such as GamCare as appropriate measures.
19.1
Tracks are sites
(including racecourses and dog tracks) where races or other sporting events
take place. The Licensing Authority recognise that tracks are different from
other premises in that there may be more than one Premises Licence in effect,
and that the track operator may not be required to hold an Operator’s Licence
as there may be several premises licence holders at the track who will need to
hold their own operator licences. As children and young persons will be
permitted to enter track areas where facilities for betting are provided (e.g.
dog racing and/or horse racing), the Licensing Authority will expect premises
licence applicants to demonstrate suitable measures to ensure that children do
not have access to adult only gaming facilities. The Licensing Authority will
expect applicants to consider their own measures to meet the Licensing
Objectives, however, appropriate measures may cover issues such as:
· Proof of Age schemes
· CCTV
· Door supervisors
· Supervision of entrances/exits/machine areas
· Physical separation of areas
· Notices / signage
· Specific opening hours
· Location of entry and gaming machines
·
Provision of
information leaflets/helpline numbers for organisations such as GamCare.
This list is not mandatory, nor
exhaustive, and is merely indicative of example measures.
19.2
Where appropriate,
in order for the Licensing Authority to gain a proper understanding of what it
is being asked to licence, applicants will be required to:
· Provide a detailed plan of the grounds, indicating where the betting is to take place and the location of the race track;
· In the case of dog tracks and horse racecourses, indicate the location of any fixed and mobile pool betting facilities operated by the Tote or track operator as well as any other proposed gambling facilities;
· Evidence measures taken to ensure the third Licensing Objective will be complied with;
· Indicate what arrangements are being proposed for the administration of the betting; the Gambling Commission and Licensing Authority recommend that betting takes place in areas reserved for, and identified as being for, that purpose;
· Define the areas of the track that will be used by on-course operators visiting the track on race days;
· Define any temporary structures erected on the track for providing facilities for betting;
·
Define the location
of any gaming machines (if any).
19.3
With regard to
gaming machines on tracks, the Licensing Authority will consider carefully the
location of any adult gaming machines at tracks to ensure that these machines
are in areas from which children are excluded, though it is recognised that
children and young persons are not prohibited from playing Category D machines
on a track.
19.4
Betting and Gaming
Machines on Tracks – The Licensing Authority recognises the potential space for
such machines may be considerable, bringing with it significant problems in
relation to the proliferation of such machines. It is the responsibility of
the track operator to ensure compliance with the law in preventing children
from using these machines. It is for this reason the Licensing Authority may
consider restricting the number and location of machines, however, each
application will be considered on its own merit.
19.5
Self contained
betting offices on Tracks – In general, the rules that apply to betting
premises away from tracks will apply to self contained betting premises on
tracks and the Licensing Authority will consider future guidance from the
Gambling Commission about how such premises should be delineated, both to make
it clear to the public that they are entering a “betting office” and to prevent
the entry of children and young persons. Applicants are recommended to
consider the Gambling Commission’s view that it would be preferable for all
self-contained premises operated by off course betting operators on track to be
the subjects of separate premises licences. This would ensure that there was
clarity between the respective responsibilities of the track operator and the
off course betting operator running a self-contained unit on the premises.
19.6 On advice from the Gambling Commission, the Licensing Authority may attach a condition to track premises licences requiring the track operator to ensure that the rules are prominently displayed in or near the betting areas, or that other measures are taken to ensure that they are made available to the public. For example, the rules could be printed in the race card or made available in leaflet form from the track office. The Licensing Authority would welcome other suitable methods.
20.1
Travelling fairs
have traditionally been able to provide various types of low stake gambling
without the need for a licence or permit, provided that certain conditions are
met, and this provision continues in similar fashion under the Act.
20.2
Travelling fairs
have the right to provide an unlimited number of Category D gaming machines
and/or equal chance prize gaming (without the need for a permit) as long as the
gambling amounts to no more than an ancillary amusement at the fair (see
Appendix 1).
20.3
The Council will
consider whether any fairs which take up the above entitlement fall within the
statutory definition of a travelling fair.
20.4
The Council is aware
that the 27 day statutory maximum for the land being used as a fair is per
calendar year, and that it applies to the piece of land on which the fairs are
held, regardless of whether it is the same or different travelling fairs
occupying the land. The Council will work with its neighbouring authorities to
ensure that land which crosses the Council boundary is monitored so that the
statutory limits are not exceeded.
21.1
Where the Licensing
Authority is uncertain of whether or not a machine is a gaming machine as
defined under the Act, it will seek the advice of the Gambling Commission.
21.2
Where the Licensing
Authority has concerns about the manufacture, supply or repair of a gaming
machine, it will bring this to the attention of the Gambling Commission.
21.3
The Licensing
Authority will expect the holder of a Permit or Premises Licence to comply with
the Codes of Practice issued by the Commission on the location of, and access
to, Category D machines by children and young persons and their separation from
Category C and B machines where those are also located on the same premises.
21.4
The Licensing
Authority seeks to discourage applications for Premises Licences for the sole
purpose of obtaining the ancillary provision of additional gaming machines
where the principal activity either does not take place or is minimal. The
Licensing Authority believes that the Gambling Act 2005 intended to set
restrictions on the number of gaming machines for certain premises and
considers that the fact that the licence authorised the holder to provide
facilities for betting or bingo means that the operator must provide those
facilities to qualify for the ancillary entitlement to gaming machines. Whilst
this has not yet been legally contested, the Licensing Authority fully supports
this view. The Licensing Authority is aware that the Gambling Commission has
amended its operator licence conditions to address the issue of the primary
gambling activity.
21.5 Brighton & Hove have a long history of providing family type gaming machines, such as penny falls and cranes. Such machines are primarily aimed at children and family type gaming. We recognise that, on the whole, such machines provide a low risk in relation to the licensing objectives. However, as with all gaming machines, such machines must be operated in a fair and open manner and in line with the protection of children from harm licensing objective.
21.6 Facilities for gambling must only be offered in a manner which provides for appropriate supervision of those facilities by staff at all times. The Licensing Authority has concerns that the use of gaming machines in privacy booths may prevent adequate supervision and protection of vulnerable persons and problem gamblers. The Licensing Authority seeks to discourage the use of privacy screens.
21.7
Any non-monetary
prizes within such machines must comply with the maximum prize limits laid down
in the regulations prescribing gaming machine categories and entitlements. If
items such as toy mobile phones (or other similar novelty items) are offered as
prizes, then this Authority will expect to see clear signage (displayed on or
near the machine in question) indicating that such items are toys / novelty items.
21.8
This Authority will
bring to the attention of specific machine operators any examples of prizes
which it feels are inappropriate or require clarification to prospective
machine users. In addition, where it is able to do so, this Authority will
undertake appropriate compliance action when it feels that prizes within penny
falls, cranes and other similar machines are outside the scope of the open and
fair and protection of children licensing objectives.
|
Part D Permits, notices and lottery registrations
|
Permits
/Temporary & Occasional Use Notice
Note for information: The Gambling Act 2005 introduced a range of permits for gambling. Permits are required when premises provide a gambling facility but either the stakes and prizes are very low or gambling is not the main function of the premises. The permits regulate gambling and the use of gaming machines in a specific premises. The Licensing Authority may only grant or reject an application for a permit and cannot impose or attach any conditions. There are different considerations to be taken into account when considering the different types of permit applications. Where a Permit is granted, the Licensing Authority will issue the Permit as soon as is reasonably practicable.
22 Unlicensed Family Entertainment Centre
(uFEC) Gaming Machine Permits
22.1
The term “unlicensed
family entertainment centre” is one defined in the Act and refers to a premises
which provides category D gaming machines along with various other amusements
such as computer games and penny pushers. The premises is “unlicensed” in that
it does not require a premises licence but does require a permit to be able to
provide category D machines. It should not be confused with a “licensed family
entertainment centre” which requires a premises licence because it contains
both category C and D gaming machines.
22.2
The Licensing
Authority must be satisfied that the premises will be used as an unlicensed
Family Entertainment Centre and Sussex Police must be consulted on all
applications.
22.3
When determining a
permit, the Licensing Authority will have regard to the Gambling Commission’s
Guidance to Licensing Authorities and although not required to, will have
regard to the three Licensing Objectives.
22.4 As these premises particularly appeal to children and young persons, the Licensing Authority will give weight to child protection issues. An application for a permit may be granted only if the Licensing Authority is satisfied that the premises will be used as an unlicensed FEC, and the Licensing Authority will expect applicants to demonstrate:
· A full understanding of the maximum stakes and prizes of the gambling, which is permissible in unlicensed FECs;
· That staff are trained to have a full understanding of the maximum stakes and prizes;
· The applicant’s previous history and experience of running similar premises;
·
Applicants must
produce a DBS check dated within one calendar month of the date of the
application being submitted to the Licensing Authority. The Disclosure will
reveal the existence and content of any criminal record (not spent under the
terms of the Rehabilitation of Offenders Act) held in the name of the
applicant.
22.5
Where an applicant
provides evidence that he has an Operating Licence and has as a result
undergone rigorous checks by the Gambling Commission, then a DBS check will not
normally be required.
22.6
When considering any
convictions revealed in an application, the Licensing Authority will consider
the nature and relevance of the offence, how long ago the offence took place
and any other factors that may be relevant. The application will be subject to
the terms of the Rehabilitation of Offenders Act and “spent” convictions may
not be referred to when considering the permit application. The application
process will make specific reference to the Relevant Offences listed in
Schedule 8 to the Gambling Act 2005.
22.7 Statement of Principles for Unlicensed Family Entertainment Centres – As these premises are open to children and young persons, the Licensing Authority will require additional information when an applicant applies for this Permit, as follows:
· A scaled plan of the premises indicating the location of Category D machines, Automated Teller Machines and any appropriate notices that are to be displayed;
· The approximate number of Category D machines that will be provided;
· Evidence that staff are trained to have a full understanding of the maximum stakes and prizes that are permissible;
· A basic DBS check dated within one calendar month of the date of the application being submitted to the Licensing Authority (unless the applicant holds a current Operators’ Licence issued by the Gambling Commission);
· Evidence of staff training by way of a Premises Log Book which should be signed and dated by staff to prove that training has been undertaken and understood;
· Training for staff as regards dealing with suspected truant school children on the premises;
· Policies and procedures in place to protect children from harm. Harm in this case is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures such as training, covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on or around the premises;
· The amount of space around gaming machines to prevent jostling of players or intimidation;
· Details of opening hours;
·
Approximate numbers
of staff employed.
22.8
Where an applicant
fails to comply with the above requirements, the Licensing Authority may refuse
the application. Where there is a reason for such a refusal, the Licensing
Authority will notify the applicant of its intention to refuse and the reasons
for the refusal. The applicant will then have an opportunity to make
representations orally, in writing, or both, and will have a right of appeal
against any decision made.
22.9
With regard to
renewal applications, the Licensing Authority may refuse an application for
renewal of a permit only on the grounds that an authorised local authority
officer has been refused access to the premises without reasonable excuse, or
that renewal would not be reasonably consistent with the pursuit of the
Licensing Objectives.
22.10
Where the Permit has
been granted, the Licensing Authority will issue the permit as soon as is
reasonably practicable, and in any event in line with the Regulations issued by
the Secretary of State. The permit will then remain in effect for 10 years
unless surrendered or lapsed.
22.11
The Licensing
Authority recommends that applicants for unlicensed FEC Permits consider
adopting BACTA’s voluntary Code of Practice for Amusement with Prizes Machines
in Family Entertainment Centres. This Code of Practice promotes awareness of
social responsibility and acknowledges that proactive, specific and appropriate
commitment will be given to educating children and young persons, thereby
minimising the potential for harm.
23 Gaming Machine Permits in Premises
Licensed for the Sale of Alcohol
23.1
With regard to
gaming machines on premises that sell alcohol, the applicant is entitled to up
to 2 gaming machines of Category C or D machines, subject to the applicant
notifying the Licensing Authority, paying the prescribed fee and complying with
any relevant Codes of Practice issued by the Gambling Commission.
23.2 The Licensing Authority may remove the automatic authorisation if:
· Provision of the machines is not reasonably consistent with the pursuit of the Licensing Objectives;
· Provision of the machines is not compliant with the mandatory conditions relating to location and operation of machines;
· Gaming has taken place on the premises that breaches a condition of Section 282 of the Gambling Act;
· An offence under the Gambling Act has been committed on the premises; or
·
The premises are
mainly used for gaming.
23.3 The Licensing Authority will expect the applicant to comply with any Codes of Practice issued by the Gambling Commission and consider such measures to ensure that the under 18s do not have access to the adult only gaming machines. The Licensing Authority recommends considering such measures as:
· The adult machines being sited close to the bar;
· The adult machines being sited where staff can monitor them;
· Appropriate notices and signage;
·
Provision of
information leaflets/helpline numbers for organisations such as GamCare.
23.4
If a premises wishes
to have more than 2 machines, then it needs to apply for a permit and the
Licensing Authority must consider that application based upon the licensing
objectives, any guidance issued by the Gambling Commission issued under Section
25 of the Gambling Act 2005, and “such matters as they think relevant”. This
Licensing Authority considers that “such matters” will be decided on a case by
case basis, but generally there will be regard to the need to protect children
and vulnerable persons from harm or being exploited by gambling, and will
expect the applicant to satisfy the Authority that there will be sufficient
measures to ensure that under 18 year olds do not have access to the adult only
gaming machines. Measures which will satisfy the Authority that there will be
no access may include the adult machines being in sight of the bar, or in the
sight of staff who will monitor that the machines are not being used by those
under 18. Notices and signage may also help. As regards the protection of
vulnerable persons, applicants may wish to consider the provision of
information leaflets/helpline numbers for organisations such as GamCare.
It should be noted that the Licensing
Authority can decide to grant the application with a smaller number of machines
and/or a different category of machines than that applied for. Conditions
(other than these) cannot be attached.
23.5
There is no
statutory limit on the number of machines which may be applied for. However,
it is the Licensing Authority’s policy that a licensing hearing must consider
any application for three or more machines where Officers are of the opinion
that the premises is not suitable for the number of machines applied for. It is
important to note that the hearing is unlikely to grant a permit for more than
six machines and even then six machines will normally only be granted to
exceptionally large premises.
23.6
It should also be
noted that the holder of a permit must comply with any Code of Practice issued
by the Gambling Commission about the location and operation of machines.
23.7
It is recognised
that some alcohol-licensed premises may apply for a premises licence or an uFEC
permit for their non-alcohol licensed areas. For the room in question to
obtain a permit, its predominant use must be that of an amusement arcade.
There must also be some form of acceptable delineation, which indicates that
the alcohol area and family entertainment centre are two separate premises.
23.8
Gaming in alcohol-licensed
premises – The Licensing Authority recognises that low level gaming may take
place in alcohol-licensed premises. Exempt gaming being equal chance gaming
that should be ancillary to the purposes of the premises. This gaming,
however, is subject to statutory stakes and prize limits determined by the
Secretary of State. A nominated gaming supervisor should therefore supervise
gaming in alcohol-licensed premises, (i.e. the Designated Premises Supervisor
(DPS)) and all gaming should comply with Codes of Practice issued by the
Gambling Commission. As there is likely to be limited regulatory scrutiny of
gaming provided in these premises, the Licensing Authority expects the
applicant to be aware of, and adopt, these Codes of Practice and to ensure that
all gaming in such premises is suitably managed.
24.1
Prize Gaming Permits
must be obtained where a Casino or Bingo Operating Licence is not in effect.
However, a casino is not entitled to provide bingo without a Prize Gaming Permit.
As children and young persons may participate in equal chance prize gaming, and
given that the premises will particularly appeal to children and young persons,
the Licensing Authority has prepared a Statement of Principles that it proposes
to apply in exercising its functions which specifies matters that the Licensing
Authority propose to consider in determining the suitability of an applicant
for a Prize Gaming Permit.
24.2
The Licensing
Authority will require detailed information when an applicant applies for this
Permit, as follows:
· A scaled plan of the premises indicating the location of the machines, other prize gaming facilities, etc., and any appropriate notices that are to be displayed;
· Evidence that applicants have a full understanding of the maximum stakes and prizes that are permissible;
· Evidence that staff are trained to have a full understanding of the maximum stakes and prizes that are permissible;
· A basic DBS check dated within one calendar month of the date of the application being submitted to the Licensing Authority (unless the applicant holds a current Operator’s Licence issued by the Gambling Commission);
· Evidence of staff training by way of a Premises Log Book which should be signed and dated by staff to prove that training has been undertaken and understood;
· Policies and procedures in place to protect children from harm. Harm in this case is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures such as training, covering how staff would deal with unsupervised very young children being on the premises or children causing perceived problems on or around the premises;
· The amount of space around gaming machines to prevent jostling of players or intimidation;
· Details of opening hours;
·
Approximate numbers
of staff employed.
24.3
Where an applicant
provides evidence that he has an Operating Licence and has as a result
undergone rigorous checks by the Gambling Commission, then a DBS check will not
normally be required.
24.4
When considering any
convictions revealed in an application, the Licensing Authority will consider
the nature and relevance of the offence, how long ago the offence took place,
and any other factors which may be relevant. The application will be subject
to the terms of the Rehabilitation of Offenders Act and “spent” convictions may
not be referred to when considering the permit application. The application
process will make specific reference to the Relevant Offences listed in
Schedule 8 to the Gambling Act 2005.
24.5
In making its
decision on a application for this permit, the Licensing Authority does not
need to have regard to the Licensing Objectives and will take into account,
after consultation, any objections that the Police may wish to make, whether
relevant to the Licensing Objectives. The grounds for decision-making as
regards renewals are the same as for initial applications.
24.6
Where the Licensing
Authority intends to refuse the application for a permit, it will notify the
applicant of its intention to refuse it, stating the reasons and offering the
applicant an opportunity to make representations orally, in writing, or both.
24.7
Where an application
is granted, the Licensing Authority will issue it as soon as is reasonably
practicable.
24.8
The Council will
expect the applicant to show that there are policies and procedures in place to
protect children from harm. Harm in this context is not limited to harm from
gambling, but includes wider child protection considerations.
25 Club Gaming and Club Machine Permits
25.1
Members’ clubs and
miners’ welfare institutes may apply for a “club gaming permit” or a “club
machine permit”. The “club gaming permit” will enable the premises to provide
gaming machines (three machines of categories B4, C or D), equal chance gaming,
i.e. poker, bingo, etc. A “club machine permit” will enable the premises to
provide gaming machines (three machines of categories B4, C or D). Commercial
clubs may apply for a “club machine permit” only.
25.2
To qualify for these
special club permits, a members club must have at least 25 members and be
established and conducted “wholly or mainly” for purposes other than gaming. 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.
25.3 Clubs must have regard to the protection of children and vulnerable persons from harm or being exploited by gambling. They must provide sufficient measures to ensure that any under 18 year olds do not use the adult only gaming machines. These measures may include:
· The machines being in close proximity to the bar, or in any other area where they are capable of being adequately supervised;
· Notices and signage;
·
The provision of
information leaflets/helpline numbers for organisations such as GamCare.
25.4
Before granting the
permit, the Council will need to satisfy itself that the premises meets the
requirements of a members’ club, and that the majority of members are over 18.
25.5 The Council may only refuse an application on the grounds that:
· The applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which they have applied;
· The applicant’s premises are used wholly or mainly by children and/or young persons;
· An offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities;
· A permit held by the applicant has been cancelled in the previous ten years;
·
An objection has
been lodged by the Commission or the police.
25.6 There is also a “fast-track” procedure available for premises which hold a club premises certificate under the Licensing Act 2003. Under the fast-track procedure, there is no opportunity for objections to be made by the Commission or the police, and the grounds upon which the Council can refuse a permit is reduced. The grounds on which an application under the process may be refused are:
· That the club is established primarily for gaming;
· That in addition to the prescribed gaming, the applicant provides facilities for other gaming; or
·
That a club gaming permit
or club machine permit issued to the applicant in the last ten years has been
cancelled.
26.1
Temporary use
notices allow the use of premises on not more than 21 days in any 12 months
period for gambling where there is no premises licence, but where a gambling
operator wishes to use the premises temporarily for providing facilities for
gambling. Premises that might be useful for a temporary use notice would
include hotels, conference centres and sporting venues.
26.2
Temporary Use Notices
allow the use of premises for any form of equal chance gambling where those
participating in the gaming are taking part in a competition which is intended
to produce a single, overall winner.
26.3
Only persons or
companies holding a relevant operating licence can apply for a temporary use
notice to authorise the particular class of gambling permitted by their
operating licence.
26.4
A temporary use
notice must be lodged with the licensing authority not less than three months
and one day before the day on which the gambling is due to take place.
Detailed information about how to serve a temporary use notice will be
available in a separate guidance note.
26.5
The Act makes a
special reference, in the context of temporary use notices, to a “set of
premises” to try and ensure that large premises which cannot reasonably be
viewed as separate are not used for more temporary use notices than permitted
under the Act. The Council considers that the determination of what
constitutes “a set of premises” will be a question of fact in the particular
circumstances of each notice that is given. In considering whether a place
falls within the definition of a “set of premises”, the Council will look at,
amongst other things, the ownership/ occupation and control of the premises. The
Council will be ready to object to notices where it appears that their effect
would be to permit regular gambling in a place that could be described as one
set of premises.
27 Occasional Use Notices (for tracks)
27.1
There is a special
provision in the Act which provides that where there is betting on a track on
eight days or less in a calendar year, betting may be permitted by an
occasional use notice without the need for a full premises licence. Track
operators and occupiers need to be aware that the procedure for applying for an
occasional use notice is different to that for a temporary use notice. The
application may be made in writing to the Council by the person responsible for
the administration of the events on a track, or by an occupier of the track.
27.2
The Council has very
little discretion as regards these notices aside from ensuring that the
statutory limit of 8 days in a calendar year is not exceeded. The Council
will, however, consider the definition of a “track” and whether the applicant
is entitled to benefit from such notice.
28 Small Society Lottery Registrations
28.1
A lottery generally
refers to schemes under which prizes are distributed by chance among entrants
who have given some form of value for their chance to take part.
28.2
The Act creates two
principal classes of lotteries: Licensed lotteries and exempt lotteries.
Licensing lotteries are large society lotteries and lotteries run for the
benefit of local authorities. These will be regulated by the Gambling
Commission. Within the class of exempt lotteries, there are four sub-classes,
one of which is small society lotteries.
28.3
A small society
lottery is a lottery promoted on behalf of a non-commercial society as defined
in the Act which also meets specific financial requirements set out in the Act.
These will be administered by the Council for small societies who have a
principal office in Brighton & Hove and want to run such lottery.
28.4
A lottery is small
if the total value of tickets put on sale in a single lottery is £20,000 or
less and the aggregate value of the tickets put on sale in a calendar year is
£250,000 or less.
28.5 To be “non-commercial” a society must be established and conducted:
· For charitable purposes;
· For the purpose of enabling participation in, or supporting, sport, athletics or a cultural activity; or
·
For any other
non-commercial purpose other than that of private gain.
28.6
The other types of
exempt lotteries are “incidental non-commercial lotteries”, “private lotteries”
and “customer lotteries”. If you require guidance on the different categories
of lotteries, please contact the Council’s Licensing Team.
28.7
The National Lottery
is not licensed by the Gambling Act 2005, and continues to be regulated by the
National Lottery Commission under the National Lottery Act 1993.
28.8
Small Society
Lotteries
The Licensing Authority registers and deals with small society lotteries.
Promoting or facilitating a lottery falls within one of the following
categories:
· Licensed Lotteries (requiring an Operating Licence from the Gambling Commission);
· Small Society Lotteries (registered with the Licensing Authority); and
·
Exempt Lotteries.
28.9 Lotteries permitted to be conducted without a licence from the Gambling Commission and these are:
· Small Society Lotteries (registered with the Licensing Authority);
· Incidental Non-Commercial Lotteries;
· Private Lotteries: (Private Society Lottery, Work Lottery, Residents’ Lottery);
·
Customer Lotteries.
28.10
Societies may
organise lotteries if they are licensed by the Gambling Commission, registered
with the Licensing Authority or fall within the exempt category. The Licensing
Authority recommends those seeking to run lotteries take their own legal advice
on which type of lottery category they fall within. However, guidance notes
with regard to all lotteries, limits placed on small society lotteries and
information setting out financial limits are available by contacting the
Licensing Team.
28.11
Applicants for
lottery licences must apply to the Licensing Authority in the area where the
principal office is located. Where the Licensing Authority believes that the
Society’s principal office is situated in another area, it will inform the
Society as soon as possible, and where possible, will inform the other
Licensing Authority.
28.12
The Licensing
Authority will keep a Public Register of all applications and will provide
information to the Gambling Commission on all lotteries registered by the
Licensing Authority. As soon as the entry on the Register is completed, the
Licensing Authority will notify the applicant of registration.
28.13
The Licensing
Authority will ask applicants to set out the purposes for which the Society is
established and will ask the Society to declare that they represent a bona fide
non-commercial society and have no relevant convictions. The Licensing
Authority may, however, seek further information from the Society and in
particular may require a copy of the society’s constitution.
28.14
Where the Licensing
Authority intends to refuse registration of a Society, it will give the Society
an opportunity to make representations and will inform the Society of the
reasons why it is minded to refuse registration, and supply evidence on which
it has reached that preliminary conclusion.
28.15
The Licensing
Authority may revoke the registered status of a society if it thinks that they would
have had to, or would be entitled, to refuse an application for registration if
it were being made at that time. However, no revocations will take place
unless the Society has been given the opportunity to make representations. The
Licensing Authority will inform the society of the reasons why it is minded to
revoke the registration and will provide an outline of the evidence on which it
has reached that preliminary conclusion.
28.16 With regards to where small society lottery tickets may be sold, the Licensing Authority applies the following guidance criteria to all small society lotteries it registers:
· Tickets should not be sold in a street – street includes any bridge, road, land, footway, subway, square, court or passage (including passages through enclosed premises such as shopping malls); and
·
Tickets may be sold
from a kiosk, in a shop or door-to-door.
This approach is consistent with the operating licence conditions imposed by the Gambling Commission upon operators of large lotteries.
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29.1
The Council will
work closely with the responsible authorities in accordance with a locally
established joint enforcement protocol and will aim to promote the licensing
objectives by targeting known high risk premises following government guidance
around better regulation.
29.2
In carrying out its
enforcement duties with regards to the inspection of premises; and the powers
to institute criminal proceedings in respect of certain offences under the Act,
the Council will endeavour to be:
Proportionate: regulators should only intervene when
necessary: remedies
should be appropriate to the risk posed, and costs
identified and minimised;
Accountable: regulators must be able to justify
decisions, and be subject public
scrutiny;
Consistent: Rules and standards must be joined up and
implemented fairly;
Transparent: Regulators should be open, and keep regulators simple and user friendly; and
Targeted: Regulation
should be focused on the problem, and
minimise side effects.
29.3
The Council will
endeavour to avoid duplication with other regulatory regimes so far as
possible.
29.4
Where there is a
Primary Authority scheme in place, the Council will seek guidance from the
Primary Authority before taking any enforcement action. At the time of the
publication of this policy, there were four Primary Authority arrangements with
host local authorities:
Coral/Ladbrokes Milton Keynes
Welcome Break Milton Keynes
BACTA Reading
MOTO Reading
Paddy Power Reading
William Hill Reading
Rank Group City of Westminster
Sky Betting & Gaming Wakefield
29.5
Further information,
including an index of all Primary Authority arrangements, can be found at Primary Authority Register
(beis.gov.uk)
29.6
The Council will
also adopt a risk-based inspection programme in line with government
recommendations around better regulation and the principles of the Hampton
Review.
29.7
The main enforcement
and compliance role for the Council in terms of the Gambling Act 2005, will be
to ensure compliance with the premises licences and other permissions which it
authorises. The Gambling Commission will be the enforcement body for the
operator and personal licences. Concerns about the manufacture, supply or
repair of gaming machines will not be dealt with by the Council, but will be
notified to the Gambling Commission. In circumstances where the Council
believes a premises requires a premises licence for gambling activities and no
such licence is in force, the Council will alert the Gambling Commission.
29.8
The Council will
also keep itself informed of developments as regards the work of the Better
Regulation Executive in its consideration of the regulatory functions of local
authorities.
29.9
The Council’s
enforcement/compliance protocols/written agreements will be available upon
request.
30.1
A review is a
process defined in the legislation which ultimately leads to a licence being
reassessed by the Licensing Committee with the possibility that the licence may
be revoked, suspended or that conditions may be amended or new conditions
added.
30.2 Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, it is for the Council to decide whether the review is to be carried out. This will be on the basis of whether the request for the review is:
· In accordance with any relevant code of practice issued by the Gambling Commission;
· In accordance with any relevant guidance issued by the Gambling Commission;
· Reasonably consistent with the licensing objectives; and
·
In accordance with
this authority’s Gambling Act 2005 – Statement of Licensing Policy.
In
addition, the Council may also reject the application on the grounds that the
request is frivolous, vexatious, will certainly not cause this authority to
wish to alter, revoke or suspend the licence, or is substantially the same as
previous representations or requests for review.
30.3
The Council can also
initiate a review of a licence on the basis of any reason which it thinks is
appropriate.
31.1
This Authority will
undertake covert test purchasing exercises in order to check compliance with
the requirement that under-18s do not access “adult only” gambling facilities.
This exercise is in response to concerns about underage gambling
vulnerabilities in particular sub-sectors of the gambling industry. Under the
terms of the Gambling Commission’s Licence Conditions and Codes of Practice,
operators must monitor the effectiveness of their policies and procedures for
preventing underage access to gambling premises and products. At the time of
the drafting of this policy, certain sub-sectors of the gambling industry had
not provided the Gambling Commission with any assurances that this was
happening. Those sub-sectors are, broadly, the small and medium-sized Betting
Premises, Adult Gaming Centres and Family Entertainment Centres.
31.2
Both this Authority
and the Gambling Commission have particular concerns with regards to access to
adult only gaming machines, which may be accessible without any interaction
between the player and a member of staff. With this in mind, this Authority
will continue with its policy of targeted test purchasing exercises.
31.3
Those premises that
fail a test purchase will be asked to address the weaknesses in their underage
gambling procedures shown by this test and submit improvement plans, and in
appropriate cases, enforcement action will be taken. There are a number of
steps which this Authority would recommend to operators in order to prevent
underage access and monitor the effectiveness of their policies, including:
· Re-positioning of machines and change of layout
· Infra red security beam to alert staff to presence of customers in age-restricted areas and maglocks to restrict access
· Maintenance of a Refusal Register
· Independent test purchasing
· Upgrade CCTV
· Induction and refresher training for staff
· Challenge 25
· Signage and Prominent GamCare Documentation
· Minimum levels of supervision.
Contact Details, Advice and Guidance
Further details for applicants about the gambling and application process, including application forms, can be found:
· By contacting the Licensing Team at: Bartholomew House, Bartholomew Square, Brighton, BN1 1JP. Tel. 01273 294429, E-mail ehl.safety@brighton-hove.gov.uk, or via Customer Services Contact Centre.
· Licensing and gambling (brighton-hove.gov.uk) scroll down to ‘Gambling Licences’ Section.
· Gambling Commission, Victoria Square House, Victoria Square, Birmingham, B2 4BP
·
Police Licensing
Unit, Police Station, John Street, Brighton, BN2 2LA.
Tel: 101
· Fire Authority, East Sussex Fire and Rescue Service, Brighton & Hove Fire Safety Office, Hove Fire Station, English Close, Hove, BN3 7EE. Tel: 01323 462130
· Planning, Development Control, Hove Town Hall, Norton Road, Hove, BN3 1PT. Tel: 01273 290000
· Environmental Health, Environmental Protection Team, Bartholomew House, Bartholomew Square, Brighton, BN1 1JP. Tel: 01273 290000
· Child protection – Head of Safeguarding, Brighton & Hove City Council, Children’s Services, Moulsecoomb Hub North, Hodshrove Lane, Brighton, BN2 4SE.
· HM Revenue and Customs, Excise Processing Teams, BX9 1GL, United Kingdom. Contact telephone number is now 0300 322 7072 Option 7. Email address: NRUBetting&Gaming@hmrc.gov.uk
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Term |
Description |
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ATM |
Auto teller machine or cash machine |
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Betting |
Betting is defined as making or accepting a bet on the outcome of a race, competition or other event or process or on the outcome of anything occurring or not occurring or on whether anything is or is not true. It is irrelevant if the event has already happened or not, and likewise whether one person knows the outcome or not. (Spread betting is not included within this definition). |
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Betting Machines / Bet Receipt Terminal |
Betting machines can be described as automated betting terminals where people can place bets on sporting events removing the need to queue up and place a bet over the counter. |
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Bingo |
There are essentially two types of bingo: cash bingo, where the stakes paid make up the cash prizes that can be won and prize bingo, where various forms of prizes can be won, not directly related to the stakes paid. |
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Book |
Running a “book” is the act of quoting odds and accepting bets on an event. Hence the term “Bookmaker”. |
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Casino games |
A game of chance, which is not equal chance gaming. Casino games includes Roulette and black jack, etc. |
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Chip |
Casinos in the UK require you use chips to denote money. They are usually purchased and exchanged at a cashier’s booth. |
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Coin pusher or penny falls machine |
A machine of the kind which is neither a money prize machine nor a non-money prize machine. |
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Crane grab machine |
A non-money prize machine in respect of which every prize which can be won consists of an individual physical object (such as a stuffed toy) won by a person’s success in manipulating a device forming part of the machine so as to separate, and keep separate, one or more physical objects from a group of such objects. |
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Default condition |
These are prescribed in regulations and will be attached to all classes of premises licence, unless excluded by the Council. |
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Equal Chance Gaming |
Gaming which does not involve playing or staking against a bank. |
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Fixed odds betting |
If a gambler is able to establish what the return on a bet will be when it is placed, (and the activity is not ”gaming” see below), then it is likely to be betting at fixed odds. |
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Fixed Odds betting terminals (FOBTs) |
FOBTs are a type of gaming machine which generally appear in licensed bookmakers. FOBTs have “touch screen” displays and look similar to quiz machines familiar in pubs and clubs. They normally offer a number of games, roulette being the most popular. |
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Gaming |
Gaming can be defined as “the playing of a game of chance for winnings in money or monies worth, whether any person playing the game is at risk of losing any money or monies worth or not”. |
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Gaming Machine |
Any type of machine allowing any sort of gambling activity, including betting on virtual events but not including home computers even though users can access online gaming websites.
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Term |
Description |
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Licensing Objectives |
The Licensing Objectives are three principal goals which form the basis of the Act. Stakeholders who have an interest in the Act need to try and promote these objectives: 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 · Protecting children and other vulnerable persons from being harmed or exploited by gambling. |
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Lottery |
A lottery generally refers to schemes under which prizes are distributed by chance among entrants who have given some form of value for their chance to take part. A lottery is defined as either a simple lottery or a complex lottery. A simple lottery is one where persons are required to pay to participate and one or more prizes are allocated to one or more members of a class and the prizes are allocated by a process which relies wholly on chance. A complex lottery is where persons are required to pay to participate and one or more members of a class and the prizes are allocated by a series of processes where the first of those processes relies wholly on chance. Prize means money, articles or services provided by the members of the class among whom the prize is allocated. (It should be noted that the National Lottery is not included in this definition of lottery and is regulated by the National Lottery Commission). |
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Mandatory condition |
A condition which will be set by the Secretary of State (some set out in the Act and some to be prescribed by regulations) which will be automatically attached to a specific type of premises licence. The Council will have no discretion to alter or remove these conditions. |
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Money Prize Machine |
A machine in respect of which every prize which can be won as a result of using the machine is a money prize. |
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Non-money prize machine |
A machine in respect of which every prize which can be won as a result of using the machine is a non-money prize. The winner of the prize is determined by: · The position in which the coin or token comes to rest after it has been inserted into the machine, together with the position of other coins or tokens which have previously been inserted into the machine to pay a charge for use, or · If the insertion of a single coin to pay the charge for use enables the person using the machine to release one or more tokens within the machine, the position in which such tokens come to rest after being released, together with the position of other tokens which have previously been so released. |
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Odds |
The ratio to which a bet will be paid if the bet wins. E.g. 3-1 means for every £1 bet, a person would received £3 of winnings. |
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Off-course betting operator |
Off-course betting operators may, in addition to premises away from the track, operate self contained betting premises within a track premises. Such self-contained premises will provide facilities for betting on both events taking place at the track (on-course betting), as well as other sporting events taking place away from the track (off-course betting). In essence, such premises operate like a traditional high street bookmakers. They will, however, only normally operate on race days. |
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Term |
Description |
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On-course betting operator |
The on-course betting operator is one who comes onto a track temporarily, while races are taking place, and operates at the track side. On-course betting operators tend to offer betting only on the events taking place on the track that day (on-course betting). |
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Pool Betting |
For the purposes of the Gambling Act, pool betting is made on terms that all or part of the winnings: · Shall be determined by reference to the aggregate of the stakes paid or agreed to be paid by the persons betting; · Shall be divided among the winners; or · Shall or may be something other than money. For the purposes of the Gambling Act, pool betting is horse-race pool betting if it relates to horse-racing in Britain. |
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Regulations of Statutory Instruments |
Regulations are a form of law, often referred to as delegated or secondary legislation. They have the same binding legal effect as Acts and usually state rules that apply generally, rather than to specific persons or things. However, regulations are not made by Parliament. Rather, they are made by persons or bodies to whom Parliament has delegated the authority to make them, such as a minister or an administrative agency. |
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Representations |
In the context of the Gambling Act, representations are either positive statements of support or negative objections which are made in relation to a licensing application. Representations must be made in time, e.g. during a designated notice period. |
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Responsible authority (authorities) |
Responsible authorities (RAs) are agencies which have been appointed by the Gambling Act, or regulations to fulfil a designated role during the licensing process. RAs must be sent copies of all licensing applications and have the power to make representations about such applications. RAs also have the power to ask for licences to be reviewed. |
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Skill machine / Skill with prizes machine |
The Act does not cover machines that give prizes as a result of the application of pure skill by players. A skill with prizes machine is one on which the winning of a prize is determined only by the player’s skill – any element of chance imparted by the action of the machine would cause it to be a gaming machine. An example of a skill game would be trivia game machines, popular in pubs and clubs, which require the player to answer general knowledge questions to win cash prizes. |
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Spread betting |
A form of investing which is more akin to betting, and can be applied either to sporting events or to the financial markets. Spread betting is regulated by the Financial Services Authority.
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Stake |
The amount pledged when taking part in gambling activity as either a bet, or deposit to the bank or house where the house could be a gaming machine. |
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Statement of principles document |
A document prepared by the Council which outlines the areas that applicants need to consider before applying for gaming permits. |
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Table gaming |
Card games played in casinos. |
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Tote |
“Tote” is short for Totaliser, a system introduced to Britain in 1929 to offer pool betting on racecourses. |
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Track |
Tracks are sites (including horse tracks and dog tracks) where races or other sporting events take place. |
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This appendix describes the categories of gaming machine as set out in the Act (and in regulations) and the number of such machines that may be permitted in each type of gambling premises.
· Table 1 below sets out the current proposals for the different categories with the maximum stakes and prizes that will apply. This table will be updated as soon as the proposals are confirmed.
· Table 2 overleaf shows the maximum number of machines permitted and in the case of casinos the ratios between tables and machines.
Table 1
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Category of machine |
Maximum Stake |
Maximum Prize |
|
A |
Unlimited |
Unlimited |
|
B1 |
£5 |
£10,000 (with the option of a max £20,000 linked progressive jackpot on a premises basis only) |
|
B2 |
£2 |
£500 |
|
B3 |
£2 |
£500 |
|
B3A |
£2 |
£500 |
|
B4 |
£2 |
£400 |
|
C |
£1 |
£100 |
|
D – money prize |
10p |
£5 |
|
D – non‐money prize (other than a crane grab machine) |
30p |
£8 |
|
D – non‐money prize (crane grab machine) |
£1 |
£50 |
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D – combined money and non‐money prize (other than a coin pusher or penny falls machine) |
10p |
£8 (of which no more than £5 may be a money prize) |
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D – combined money and non‐money prize (coin pusher or penny falls machine) |
20p |
£20 (of which no more than £10 may be a money prize) |
1 The category
B2
is not actually a
traditional slot
machine. It refers to a type of
gaming machine known as a fixed odds
betting terminal (FOBTs).
These are a new type of
gaming machine which generally
appear in licensed
bookmakers. FOBTs have ‘touch-screen’ displays and look similar to
quiz machines familiar
in pubs and clubs.
They normally offer
a number of games, roulette being
the most popular.