Gambling Policy

Where a premise does not hold a premises licence but wishes to provide gaming machines, it may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238).

The Gambling Act 2005 states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25. The Gambling Commission's Guidance to Licensing Authorities also states at 24.8.

"In its policy statement, a licensing authority may include a statement of principles that it proposes to apply when exercising its functions in considering applications for permits. In particular it may want to set out the matters that it will take into account in determining the suitability of the applicant. Given that the premises is likely to appeal particularly to children and young persons, licensing authorities may wish to give weight to matters relating to protection of children from being harmed or exploited by gambling and to ensure that staff supervision adequately reflects the level of risk to this group."

Guidance also states: "...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 if the chief officer of police has been consulted on the application... Licensing authorities might wish to consider asking applications to demonstrate:

• a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs
• that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act
• that staff are trained to have a full understanding of the maximum stakes and prizes"

 It should be noted that a licensing authority cannot attach conditions to this type of permit.

This licensing authority has adopted the following Statement of Principles, in respect of unlicensed FECs:

Statement of principles

The licensing authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Such policies/procedures will be considered on their merits; however, they may include appropriate measures on staff training on how to deal with suspected truancy, how to deal with unsupervised very young children being on the premises and children causing problems around the premises.

The licensing authority will also expect the applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs, and that staff are trained to have a full understanding of the maximum stakes and prizes.

The Licensing Authority will require the following to be submitted in addition to the application form and fee:

• proof of the applicant's identity and age
• proof of the applicant's right to occupy the premises for which the permit is sought
• (where the applicant is an individual) a 'basic' Criminal Records disclosure dated no earlier than one calendar month on the day the application is received by the Licensing Authority; holders of operating licences issued by the Gambling Commission are exempt from this requirement
• an insurance certificate (or certified copy) confirming the availability of public liability insurance covering the proposed activity
• a plan scale 1:100 of the premises showing:
  1. the boundary of the premises including any internal and external walls, entrances, exits, doorways and windows, and indicating the points of access available to the public
  2. the location of any fixed or temporary structures
  3. the location of any counters, booths, offices or other locations from which staff may monitor the activities of persons on the premises
  4. The location of any public toilets within the boundary of the premises
  5. the location of CCTV cameras
  6. the location of any ATM or other cash/change machines
  7. the proposed location of the Category 'D' machines
  8. details of non-category 'D' machines (e.g. skill with prizes machines)