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For further information on any of the following please contact Simon Halberstam on 020 7544 5595 or at simonh@sghlaw.com
Split premises and primary gambling activity
We have released a consultation paper which proposes revisions to the Guidance to Licensing Authorities (Second Edition). There are also proposals to introduce new operating licence conditions contained in our Licence Conditions and Codes of Practice document.
This consultation paper deals with two issues:
· what is meant by a single premises;
· what we mean by “primary purpose”, i.e. the requirement that the principal activity of a premises will be the activity authorised by the premises licence in operation for that premises.
Licensing authorities, operators and other interested parties have asked us for further guidance, and so we have produced this paper to address the differences that have emerged in the handling of licence applications, as well as our concern that statutory provisions are not necessarily being correctly interpreted in this regard.
Responses to this consultation are welcome from all interested parties. The consultation period lasts for 12 weeks and ends on 8 September 2008.
Find out more…
Draft advice to police services released for comment
The introduction of the Gambling Act 2005 in September 2007 overhauled the licensing arrangements of the gambling industry and created a new regulatory regime. It contains a range of powers for the British police services, including authority to enter premises to inspect gambling facilities where an offence under the Act is suspected to be taking place.
We have published a draft reference document for the British police services, and we would like to get feedback on the content by 22 August 2008.
Find out more…
Press release: Gaming machines seized in the North West
The Gambling Commission has seized a number of gaming machines in a multi-agency operation in Oldham. The seizures were made as part of an investigation into the suspected unlawful supply of gaming machines to businesses in the North West.
Find out more…
Contributions invited to cashless technologies in gambling review
The Commission has contracted Dr Jonathan Parke from University of Salford to undertake a literature review of cashless technologies, especially where these have been used in the area of socially responsible gambling. This review will include looking at available literature as well as engaging with trade associations and other interested parties.
In addition industry stakeholders are invited to participate in this project by completing a questionnaire.
For further information contact Kati Virtaal Toohill.
Complete the questionnaire…
The Gambling Act 2005 (Commencement No. 8) Order 2008 – small and large casinos
The Secretary of State has laid a Commencement Order, which activates the legislation for the new large and small casinos, allowing operators to apply for premises and provisional licences.
Find out more…
Review of premises licence fees
The Department for Culture, Media and Sport (DCMS) has now released the consultation responses to their Review of Local Authority Premises Licence Fees.
The report states that based on the analysis of data, the introduction of the new system appears to be working well and has produced a good spread of fees across the regions. Average fees are falling comfortably below the maximum, and relatively few authorities are setting fees at the maximum for the two most common types of premises, many of which are run by smaller operators.
DCMS considers that there is no need to further review the maxima at this stage with a view to any increase, as licensing authorities seem able to meet their costs within the parameters set under current regulations.
Find out more…
Gambling Commission fees consultation closes 2 June 2008
A consultation exercise to review the Gambling Commission’s fee arrangements has been running for the past 12 weeks, during which stakeholders, including industry representatives and other interested parties, have had opportunity to express their views about the proposals.
The closing date for the consultation is Monday 2 June 2008.
Find out more…
Revisions to Guidance to Licensing Authorities consultation closes 30 May 2008
The consultation period for the draft revisions to the second edition of the Guidance to Licensing Authorities is coming to a close on 30 May 2008.
The revisions are about how Licensing Authorities should approach an application for a premises licence if that premises is not ready for operation.
The Commission indicated its plan to revise its Guidance to Licensing Authorities on provisional statements in the light of a recent Judicial Review decision in a letter to LACoRS and COSLA in January 2008.
Find out more…
New rules for seaside arcades this summer
THe Gambling Commission is reminding seaside arcade operators on the East Coast of their new responsibilities as the summer season steps up a gear over Whitsun Bank Holiday half-term.
The Commission’s nationwide team of compliance managers have already been working with local authorities in seaside resorts as Gambling Commission Director of Operations, Nick Tofiluk explained:
“Seaside arcades need to operate within the new rules which offer important protections for children and vulnerable people.
Over the summer the Commission and local authorities will be working together in coastal areas to ensure operators are properly licensed or permitted and are operating in line with the new law.
If operators are in any doubt about the requirements they should contact the Commission without delay.”
Find out more…
Review of Research, Education and Treatment – Second consultation
On 9 May 2008 Gambling Commission published the second consultation on the Review of Research, Education and Treatment.
The paper argues for:
- a new Strategy Board to advise on the national responsible gambling research, education and treatment programmes needed
- an increased level of funding and more reliable ways in which that funding could be raised from gambling operators
- more effective arrangements for distributing funding.
A responses form is available on the website, and respondents are encouraged to provide an executive summary if the response exceeds 1500 words.
Read the second consultation…
Read the responses document to the first consultation…
Read the non-confidential responses to the first consultation…
In-running betting issues paper now released
Gambling Commission released an issues paper on in-running betting on 14 May 2008.
It is intended to generate debate and provide Gambling Commission with information on a number of issues relating to the activity of betting in-running (in-play). Gambling Commission are looking at issues including technological advantages, trading rooms, time delays, potential for cheating and problem gambling.
Your responses will provide Gambling Commission with evidence in order to decide whether any action is required to regulate the activity of in-running betting.
The consultation runs until Wednesday 6 August 2008.
Responses from all interested parties are welcome. Further information on how to respond is contained in the issues paper.
Find out more…
Online returns system now takes Lottery Submissions
If you run a licensed society lottery or are an external lottery manager, you now have the ability to submit your lottery submissions (formerly known as Lottery Returns) through Gambling Commission online returns system.
Please register for Gambling Commission online returns system so you can submit your lottery draw details. This also allows you to complete your regulatory returns online.
If you have already registered and received your registration details, you can now login and enter the details of your draws. Guidance on how to complete the form is available in the top right-hand corner of your screen once you start a new submission.
We would also like to clarify one of the fields on the new lottery submissions. You are asked to enter the date of your next draw – this can be an estimated date up to a year in advance.
Register for the online returns system…
Login…
Revising Guidance to Licensing Authorities
Gambling Commission are consulting on draft revisions to the second edition of the Guidance to Licensing Authorities.
The first set of revisions is in respect of how licensing authorities should approach applications for a premises licence when the premises are not fully ready for operation.
Gambling Commission indicated plan to revise the Guidance to Licensing Authorities in the light of a recent Judicial Review decision in a letter to LACORS and COSLA in January 2008.
The consultation period ends on 30 May 2008.
Find out more…
Guidance on definition of premises
Gambling Commission have also issued a statement regarding intention to further revise the Guidance to Licensing Authorities, to make sure that our guidance accurately reflects the policy intentions of the Gambling Act 2005.
The statement contains some guidance on the definition of premises, prompted by increasing numbers of premises licence applications being made to licensing authorities which appear to be in conflict with the intentions of Parliament.
Find out more…
Amendments to Advice to Licensing Authorities on information exchange with the Gambling Commission
The Commission has published a revised edition of its Advice to Licensing Authorities on information exchange with the Gambling Commission.
The revisions are to include updated contact details for communication between local authorities and the Gambling Commission.
Find out more…
Survey data on remote gambling participation
Gambling Commission have released the latest quarterly study on participation in remote forms of gambling, from June 2007 - March 2008. It sets out the findings from questions asked through an omnibus survey conducted by ICM Research. The data is based on an updated sample of 8,000 interviews.
Key findings
- Over the year to March 2008, 8.8% of the 8,000 adults surveyed said they had participated in at least one form of remote gambling in the previous month.
- Those participating in remote gambling remain more likely to be male than female, and are more likely to be aged 18-34.
- If those only playing National Lottery games remotely are excluded, 5.1% of respondents had participated in remote gambling. Overall, 6.3% of respondents said they had gambled remotely on the National Lottery/tickets for the National Lottery draw in the previous month.
- Remote gambling via a computer, laptop or handheld device was most popular (7.1% of all adult respondents), followed by gambling via mobile phone (2.4%) and interactive/digital TV (under 2%).
Find out more…
ASA upholds two complaints about Gambling advertisements
The Advertising Standards Authority has recently upheld two complaints which have resulted in gambling advertisements being withdrawn. For further information on the adjudications, please see the Committee for Advertising Practice website.
All gambling advertising must follow the three advertising codes of practice:
Find out more…
Women and Gambling – cultural, social and industry perspectives
The National Lottery Commission is hosting a unique conference on Tuesday 3 June to debate Women & Gambling - cultural, social and industry perspectives.
The event brings together leading academics, gambling bodies, industry representatives, commentators and opinion formers to explore significant themes around female participation in both the National Lottery and gambling more widely.
The conference will be held at the Cumberland Hotel in London. Radio 4 Women’s Hour presenter Jenni Murray, who has investigated the issue of women and gambling on her programme, will host the event.
The conference is free to attend but places are limited - for more information please email, telephone on 02087 474316 or visit their website.
New consultation: Licence Conditions and Codes of Practice 2008
Since the publication of the Licence Conditions and Codes of Practice (LCCP) in June 2007 a number of issues have been raised within the Commission and by external stakeholders. Some of these are to do with clarifying the meaning of certain provisions. There are also instances where new provisions are required or existing ones need amending.
The Commission considers that there are enough of these issues to propose a revised version of LCCP.
A consultation exercise is underway, during which stakeholders, including industry representatives and other interested parties, will have the opportunity to express their views about the proposals.
We are planning a stakeholder workshop to be held in Birmingham on 12 June 2008. Please register your interest by email.
The consultation lasts for 12 weeks and the closing date is Thursday 3 July 2008.
Following analysis of the responses, the revised version of the LCCP will be published by 1 October 2008, and come into effect from January 2009.
Find out more…
Testing and audit requirements for remote lottery licensees
The Gambling Commission has issued a letter clarifying the testing and audit requirements for lottery operators that run remote lotteries.
This sets out the criteria that it will apply to remote lottery licensees (including external lottery managers) when determining the specific testing and audit arrangements required under Licence Condition 2 of their operating licence.
Licensees will need to meet these criteria by 1 September 2008.
Find out more…
Bingo premises licence applications under Gambling Act 2005
The Gambling Commission has released guidance to assist local authorities with determining bingo premises licence applications. This is to ensure the mandatory premises licence conditions for bingo premises are complied with.
Local authorities will need to satisfy themselves that bingo can be played in any bingo premises for which they issue a premises licence.
They may also need to consider whether bingo can be played when an existing bingo premises applies to vary their licence to exclude a certain area of the premises from its ambit.
The operator may then apply for a new premises licence, or multiple licences, for an excluded area, and local authorities will need to satisfy themselves that bingo can be played in each of these areas.
Local authorities may want to contact the applicant to discuss how they intend to ensure bingo can be played in the new bingo premises they applied for. The Commission also recommends that local authorities contact their local compliance manager to inform them.
Find out more…
Letter to lottery operators concerning lottery returns
The Commission has sent a letter to lottery operators, detailing improvements we have made which will affect the way they submit lottery returns. The new system reflects the changes in the law for society and local authority lotteries.
Please note that ‘lottery returns' will in future be known as ‘lottery submissions' to avoid confusion with the annual regulatory returns that all gambling operators are required to submit to the Commission.
To access the new online system lottery operators will need to register with the Commission's Online Returns system.
All submissions made on or after Tuesday 6 May 2008, either online or in paper form, will be required to use the updated system.
Find out more…
The provision of betting facilities in licensed betting premises
The Commission has released our position on provision of betting facilities in licensed betting premises.
Referring to our recent letter regarding the circumstances under which gaming machines are made available for use on licensed betting premises, we are aware that some commentators have questioned our interpretation of the legal position.
We are also aware that some operators may be considering making minimal facilities available for betting.
Ultimately it is for the Courts to decide how to interpret the statutes. However, the Commission remains of the view that an operator must offer the primary activity of betting facilities in order to take advantage of the additional gaming machines entitlement.
Find out more…
Gaming Machine Standards Supplement
The Gaming Machines Standards Supplement makes several, largely minor, amendments to the gaming machine standards published in June 2007. The only significant change is to the game links section of the standards so that it does not disadvantage a single meter gaming machine configuration compared to a dual meter configuration. The other changes are mostly concerned with correcting numbering and wording to ensure consistency across the different standards and the supplement also takes account of cases where a position has since been clarified and where regulations have been finalised.
The supplement is now published in draft as notified to the European Commission (EC) and the final version will be published in late June 2008 subject to any comments by the EC.
A draft explanation of changes document has also been published to accompany the supplement.
Find out more…
Casinos Areas Order confirmed
The House of Commons approved the Casinos Areas Order, and associated regulations, on 26 March 2008. The Order specifies the local authority areas where the 8 large and 8 small casinos permitted by the Gambling Act 2005 will be located.
The House of Lords will debate the Order on a date to be scheduled within the next few weeks. The 16 local authorities would be able to invite applications for the casino premises licences only after it has been approved by both Houses.
Proposals for Gambling Commission fees from 1 August 2008
The Gambling Commission's fee arrangements are being reviewed. A consultation exercise, jointly with the Department for Culture, Media and Sport (DCMS) is underway, during which stakeholders, including industry representatives and other interested parties, will have the opportunity to express their views about the proposals.
The Gambling Act 2005 (the Act) allows DCMS to set fees which will cover the Gambling Commission's operating costs. The government believes that the full cost of providing all the regulation under the Act should fall on those who provide and engage in gambling activities, not the taxpayer.
The consultation lasts for 12 weeks and the closing date is Monday 2 June 2008.
Please send your comments by e-mail to donald.sproson@culture.gsi.gov.uk, copied to consultation@gamblingcommission.gov.uk or write to:
Donald Sproson
Department for Culture, Media and Sport
Gambling and National Lottery Licensing Division
2-4 Cockspur Street
London SW1A 5DH
Tel: 0207 211 6535
Or:
Consultation Coordinator
Gambling Commission
Victoria Square House
Victoria Square
Birmingham
B2 4BP
Find out more…
Letter to trade bodies on principal licensed activity at premises
The Gambling Commission has released a letter to trade bodies on our current position regarding the legal status of premises existing under the Gambling Act 2005 premises licence, that do not provide their primary licensed activity, but do provide the gaming machine element for the type of licence (under section 172 of the Act).
An example of this is where an operator holds a betting operating licence and obtains a betting premises licence, and in the premises provides four categories "B" gaming machines but no facilities for betting.
We have concluded that an operator who intends to offer ancillary machines without the principal activity will be in breach of the premises licence mandatory and default conditions and would not be able to make use of their operating licence in these circumstances. We will be co-ordinating activity in this area with local authorities.
Find out more…
Remote gambling equipment revised advice
On 14 March 2008 the Commission published its revised ‘Remote gambling equipment’ advice note which sets out the Commission’s interpretation of the equipment meets the definition of remote gambling equipment (key equipment) as set out in the Gambling Act. This replaces the ‘Remote gambling equipment’ guidance note published in January 2007.
The updated advice note contains four new sections which cover:
· Facilities for gambling and remote gambling equipment
· Marketing, bonuses and incentives
· Client application download servers
· Business continuity arrangements
Remote gambling operators should consider this advice note when completing their application for an Operating licence or when considering whether they need to apply for an operating licence from the Gambling Commission.
Find out more...
Commission publishes information on illegal betting in pubs and clubs
The Gambling Commission has published a leaflet which sets out the position on betting in pubs and clubs under the Gambling Act 2005.
The leaflet makes it clear that commercial betting in pubs and clubs is illegal and provides questions and answers for designated premises supervisors and club officials on betting within alcohol licensed premises.
It also reminds licensed bookmakers to be vigilant and to take steps to close the account where they suspect an individual telephone account is being used to transact business for a number of pub customers.
Find out more… <http://www.gamblingcommission.gov.uk/Client/mediadetail.asp?mediaid=336>
Revised advice on gaming in clubs and alcohol licensed premises released by the Commission
The Commission’s advice on gaming in clubs and alcohol licensed premises (including poker) has been updated to include additional material on participation in Bridge and Whist.
Find out more…
Commission releases Corporate Governance Framework
The Commission has released its Corporate Governance Framework, which lays down the necessary responsibilities and procedures that are the foundations of a well run organisation. It was approved by the Commission on 15 November 2007 and will be reviewed annually to ensure that it remains at the forefront of best practice.
Effective governance underpins the management of well run organisations, whether in the public, private or voluntary sector.
The Commission aims to ensure that it maximises the impact of its work, while discharging its statutory duties. In doing so, it seeks to work to high standards of corporate governance, so as to earn the confidence of its stakeholders.
Find out more…
Regulatory returns impact assessment published
This impact assessment outlines the Gambling Commission's consideration of the information it needs from the gambling industry in order to carry out its regulatory functions under the Gambling Act 2005. Information will be collected by means of regulatory returns and the assessment looks at how these can best enable the Commission to meet its objectives.
The Commission consulted on its proposals for Regulatory Returns in the consultation document ‘Regulatory Returns and Key Events' published in May 2007. A number of representations were made by the gambling industry and other interested parties and the Commission published its response to these representations in July 2007. The Commission also met industry representatives to discuss the proposals.
The Impact Assessment examines a number of options for the Regulatory Returns and provides an estimate of the administrative cost to licensees of completing the returns.
Read more…
Judicial review - need for revised guidance on provisional statements
In the recent Judicial Review claim brought by Betting Shop Services Limited against Southend-on-Sea Borough Council, the Court made an order quashing the licensing authority’s original decision and remitted the case to the licensing authority for reconsideration in accordance with the law, including the Judgment of the Court in the case.
It is clear from the Judgment that paragraphs 7.55, 7.56 and 7.57 of the Gambling Commission’s current Guidance to Licensing Authorities are based on a misunderstanding of the legal position. Therefore the Commission intends to:
· Review paragraphs 7.11, 7.12, 7.55 to 7.58, as well as 11.1 to 11.10, of its Guidance in relation to the physical condition of premises which are subject to premises licences or provisional statement applications
· Consult DCMS, the Scottish Government, COSLA, LACORS and others, in accordance with the requirements of section 25 of the Act, in relation to any proposed revisions to the Guidance; and
· Consider any representations received and publish revised Guidance.
We have published an open letter to inform licensing authorities of our intentions and to indicate our willingness to be consulted by licensing authorities on any particular problems presented by premises licence applications made during the interim period.
Read more…
More Regulatory Returns now available online
The Gambling Commission requires a range of information from operators within the licensed gambling industry in order to monitor compliance with gambling legislation, regulations and licence conditions and codes of practice, and to inform our understanding of the industry.
The start point for the collection of information for the regulatory returns is 1 October 2007. Operators should complete and submit returns within 28 days of their quarter end or year end after that date.
The following regulatory returns are available to complete online:
· Adult Gaming Centres
· Betting
· Bingo
· Casinos
New additions:
· Family Entertainment Centres
· Remote
· Gaming Machines Software
Lotteries and Gaming Machines Manufacturers returns will be available by the end of the month.
Register to complete your regulatory returns online...
Login to regulatory returns online...
Guidance to Licensing Authorities – revision to second edition
The second edition of the Gambling Commission’s ‘Guidance to Licensing Authorities’ was published in June 2007, at a time when a number of regulations supporting the introduction of the Gambling Act 2005 had yet to be laid by the Secretary of State and Scottish Ministers.
The Commission has since made a number of minor revisions to the second edition of 'Guidance to Licensing Authorities', to ensure it remains consistent with the content of the regulations.
These revisions do not alter the scope or intent of the second edition of the 'Guidance to Licensing Authorities', nor do they introduce new areas of guidance or constitute a third edition.
Find out more...
Whitelisting announcement
The Secretary of State for Culture, Media and Sport has now confirmed that Tasmania will be added to the ‘Whitelist’ of countries or jurisdictions allowed to advertise remote gambling in the UK as if it were an EEA state. This decision follows a reconsideration of Tasmania’s application after the introduction of amending legislation to their tax regime. A full assessment of their application was made to ensure it met the Government’s ‘Whitelisting’ criteria published in January 2007.
Regulations have been laid in Parliament and will come into effect in 21 days time on 31 January 2008. After this date, gambling operators licensed in Tasmania will be able to advertise their remote gambling services in the United Kingdom.
After careful assessment of their representations against the published criteria, the Secretary of State has also decided not to whitelist Kahnawáke (Canadian reservation) or Antigua.
The States of Alderney and the Isle of Man are the only two other jurisdictions to have previously been added to the whitelist. An announcement was made on this decision in August 2007.
The effect of these decisions is that only gambling operators licensed in EEA countries (including Gibraltar), Alderney, Isle of Man or Tasmania can lawfully advertise gambling in the UK.
The Gambling Act 2005 (Review of Premises Licences) (Scotland) Amendment Regulations 2007
The principal Regulations have previously required licensing authorities to give notice of their intention to conduct a premises licence review to responsible authorities, and make provision where an authority fails to give proper notice of such a review.
However, the Gambling Act 2005 only requires licensing authorities to give notice of their intention to conduct a review to the premises licence holder; it does not require licensing authorities give notice to the responsible authorities.
These Regulations remove the requirement for licensing authorities to notify responsible authorities of their intention to hold a premises licence review, and the related provisions concerning failure to give proper notice.
Find out more...
Regulatory Panel - Guidance and Procedures
The Commission’s Regulatory Panel acts as an impartial body to review licence applications and existing operators. The Panel has the power to grant a licence application (either with or without attaching conditions) or to refuse one.
With existing licence holders, the Panel has the power to suspend or revoke a licence or to attach conditions. They may also apply a financial penalty to a licensed operator.
The Commission has published guidance which sets out the procedures which the Panel follows.
Find out more...
Licensing of gaming clubs (including bingo clubs)
The Gambling Commission produces advice for Licensing Justices (Licensing Boards in Scotland), who license bingo clubs and casinos to operate in their locality under the 1968 Gaming Act.
The Commission has published this supplementary advice to the Memorandum of Advice, issued to Licensing Justices and Licensing Boards for the 2007 licensing sessions, to be used for the 2008 licensing sessions. The supplementary note outlines the arrangements for outstanding 1968 Act applications, and draws attention to additional advice that the Commission would like to give.
Find out more…
Prevention of Money Laundering and Combating the Financing of Terrorism. Guidance for remote and non-remote casinos published
In October 2007, the Gambling Commission issued a consultation document proposing guidance to remote and non-remote casinos concerning their responsibilities under the Money Laundering Regulations, which came into effect on 15 December 2007, and the Proceeds of Crime Act. Following this consultation, the guidance has now been finalised.
The purpose of the guidance is to set out how casino operators can and must comply with the Money Laundering Regulations and the Proceeds of Crime Act.
Find out more…
Licence Conditions and Codes of Practice – Supplement 3: Revision of the Code of Practice on Financial Requirements for Casino Operators published
In October 2007, the Gambling Commission issued a consultation document proposing a change to the Financial Requirements ordinary code provision for casino operators. The purpose of the change was to reflect the Commission’s new guidance on the anti-money laundering regulations (see above). This supplement has now been finalised.
The Commission will make the change with effect from 31 March 2008.
Find out more…
The Gambling Act 2005 Premises Licences (Review) (Amendment) Regulations 2007
The Gambling Act 2005 (Premises Licences) (Review) Regulations 2007, which were made in July 2007, contain provisions requiring local authorities to notify responsible authorities of their intention to conduct a premises licence review.
This requirement is inconsistent with the provisions of the Gambling Act which only requires licensing authorities to give notice of their intention to conduct a review to the premises licence holder and not to responsible authorities.
This inconsistency is corrected by the Gambling Act 2005 Premises Licences (Review) (Amendment) Regulations 2007 which were laid in Parliament in December 2007.
Find out more…
Advice on part-exchanging gaming machines
The Commission has been asked to consider whether an operator requires a supplier's licence to provide a gaming machine in part exchange for another gaming machine. The Commission has also been asked whether section 16 or section 21 machines can be part-exchanged.
An operator who provides a gaming machine in part exchange for another gaming machine, which is provided by a licensed supplier of such machines, will not require a supplier's licence or permit. Non-compliant section 16 or section 21 machines can also be part-exchanged.
Find out more…
Advice regarding when a gaming machine is 'available for use'
The Commission is aware that there has been some confusion about when a gaming machine is considered 'available for use' given that the Gambling Act 2005 says that only a limited number of certain categories of machines may be made 'available for use' on a premises.
The Commission considers that a gaming machine is available for use if a person can play it. It follows that more than the permitted number of machines may be physically located on a premises, provided the operator has a robust system in place that ensures no more than the permitted number are 'available for use' at any one time.
Find out more…
Lottery guidance for charity trading companies and sporting clubs: Gambling Act 2005
A question has arisen whether a charity's trading company or a sporting club can be regarded as established and conducted for a "non-commercial" purpose. This guidance sets out the Commission's viewpoint on these issues.
Find out more?
Advice on gaming in clubs and alcohol licensed premises: Gambling Act 2005
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 specific premises.
The purpose of this publication is to give licensing authorities some matters for consideration before a permit is issued and once the permission has been granted. This note should be read in conjunction with Part 25 of the Guidance to Licensing Authorities, the Gambling Commissions code of practice on equal chance gaming and Schedule 12 of the Act which contains the provisions relating to club gaming permits and club machine permits.
Find out more
Advice on offering foreign gambling as prizes in competitions
It has come to the Commissions attention that a number of operators are offering places at overseas poker tournaments as prizes in UK based competitions.
For example, a poker tournament played either at a UK Casino or online may offer the winner the chance to play in a cash prize tournament held outside the UK.
In the Commissions view, the offering of such a prize amounts to advertising of non-UK gambling, as defined by section 327 of the Gambling Act 2005. Unless the overseas tournament is based in the European Economic Area, Gibraltar, or in white-listed jurisdictions, the advert is likely to amount to the advertising of foreign gambling, which constitutes an offence under section 331 of the Gambling Act 2005.
Operators should take steps to ensure that any advertising which they are responsible for complies with the requirements of the Gambling Act 2005.
Find out more
Compliance and Enforcement: Impact Assessment published
This Impact Assessment outlines the Gambling Commissions general approach to compliance and enforcement; the Commission considered a number of approaches and the regulatory impact of each proposal with its variant options.
The Commission consulted on its proposals for compliance and enforcement in Parts 2 and 3 of the consultation document Licensing, Compliance and Enforcement, released on 31 May 2006. We subsequently published our responses document on these two parts, and our compliance and enforcement policy statement on 1 June 2007.
This publication completes the suite of documents relating to our proposals for licensing, compliance and enforcement.
Find out more...
The Gambling Act 2005 (Temporary Use Notices) Regulations 2007
The Gambling Act 2005 has been amended to include temporary use notices. These enable a person who holds an operating licence to give a temporary use notice in respect of their premises. The notice authorises the premises to be used for carrying on gambling activities during the period specified in the notice without an offence being committed, as it is unlawful to use premises for providing facilities for gambling without the appropriate premises licence.
A Temporary Use Notice is regulated by your local authority. The fee for endorsing the notice may be no more than £500.
Find out more...
The Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007
Holders of an "on-premises" alcohol licence can now apply for a licensed premises gaming machine permit from the relevant Licensing Board.
These regulations set out the conditions of the permit, how to apply for one, and how to change the details of your permit.
The application fee for existing pubs and clubs will be £100, new clubs and pubs will pay £150, and annual fees are set at £50 for all operators.
Find out more...
The Club Gaming and Club Machine Permits (Scotland) Regulations 2007
A members' club or miners' welfare institute which holds a certificate of registration under section 105 of the 1976 Act, or a relevant alcohol licence,
can now apply to their Licensing Board for a club gaming permit. These clubs, as well as commercial clubs, can also apply for a club machine permit.
The application fee is £100 for clubs with existing permissions, and £200 for any other club, and the annual fee is set at £50.
Find out more...
Updated guidance issued on prize competitions and free draws
Updated guidance on where the boundary lies between lotteries, prize competitions and free draws under the provisions in the Gambling Act 2005 was published on 2 November 2007.
The updated guidance addresses the two issues which the Commission said it would consider further when it published its initial guidance in June 2007.
The key conclusions are:
· ‘free web entry’ needs to be available for a sufficient period and to be sufficiently publicised such that potential participants have a genuine opportunity to use it; and
· multiple choice questions used in prize competitions should have sufficient numbers of plausible and relevant alternative answers.
Find out more…
Consultation on revision to the code of practice on financial requirements for Casino Operators released
The Gambling Commission is proposing a change to the code provisions for casino operating licences (remote and non-remote). This new provision requires casino operators to act in accordance with guidance that the Commission is issuing on the Money Laundering Regulations (2007) which come into effect on 15 December 2007.
These regulations impose specific requirements on remote and non-remote casino operators. The new code provision will only affect casino operators, although the Commission is considering whether other operators will require guidance on their obligations under the Proceeds of Crime Act and will consult on any such guidance separately.
The consultation period closed on 30 November 2007.
Find out more…
Guide to gambling advertising codes published by the Commission
The Commission has produced a guide which provides a brief outline to the advertising codes.
From 1 September 2007 the Gambling Act 2005 has changed the advertising of gambling.
The Gambling Commission has included provision within its Licence Conditions and Codes of Practice which requires licensees to comply with the advertising codes of practice which apply to the form and media in which they advertise their gambling facilities and services.
Find out more…
Gambling Commission calls on the betting industry and sports bodies to work together to uphold integrity in sports betting
The Commission has published a policy position paper on integrity in sports betting, and called for increased co-operation between licensed betting operators and sports governing bodies to promote the integrity of British sports betting.
The Commission is working to uphold the integrity of sports betting in Britain. From 1 September 2007 the Commission has had the powers to act where there is a risk to its licensing objectives which includes ensuring that betting is fair, open and crime-free.
The Commission has consulted widely on possible further activity and in a paper published on 4 October 2007 it concludes that more can be done to facilitate cooperation and shared understanding between betting operators and governing bodies.
Read more: Press Release
Integrity in Sports Betting: Responses document
Integrity in Sports Betting: Policy position paper
Premises licence register released by the Gambling Commission
The Gambling Commission has released a list of operators for whom we have received a notification of application and/or grant of a premises licence, as part of our status as a responsible authority under section 157 of the Gambling Act 2005.
The list includes operator and trading name, premises address and premises license number where applicable, and the name and address of the local authority responsible for issuing the premises licence.
The Commission provides some basic guidance on applying for a premises licence. In-depth queries about premises licences should be directed to the relevant local licensing authorities.
Read more: Premises Licence Register
The Gambling Act 2005 (Club Gaming and Club Machine Permits) (Amendment) Regulations 2007
Came into force on 8 October 2007, this corrects minor errors in the guidance notes on the application form prescribed in the original regulations, and remove now redundant references to applications made before 1st September 2007. Applications made on the existing form before these amendments come into force are still valid.
Visit this statutory instrument in full here.
Gambling Commission requires legacy machines register
The Commission requires a register of legacy machines in order to prevent further legacy machines being produced after 1 September 2007; and differentiate legacy machines from new machines which will be compliant with the technical standards that apply post 1 September.
To download the legacy machines registration document and accompanying spreadsheet please visit:
http://www.gamblingcommission.gov.uk/Client/mediadetail.asp?mediaid=216
Financial conditions on gambling operators and personal licence holders Final RIA
The Gambling Commission's financial requirements and conditions on gambling operators and personal licence holders were published on 17 August 2007.
They cover the financial and related information required to assess licence applications, and the licence conditions for on-going monitoring of licensees and to inform the Commission's understanding of the industry.
To download this document, please visit: http://www.gamblingcommission.gov.uk/Client/detail.asp?ContentId=164
Gaming Machine (Circumstances of Use) Regulations 2007
The Gaming Machine (Circumstances of Use) Regulations 2007 came into force on 1 September 2007. These regulations control the circumstances in which a gaming machine is made available for use, including such matters as the display of information on the machine and the amount of money that may be deposited on a machine to pay a charge for use.
To view the relevant Statutory Instrument, please visit: http://www.opsi.gov.uk/si/si2007/20072319.htm
Gaming Machine (Supply, etc.) Regulations 2007
The Gaming Machine (Supply, etc.) Regulations 2007 came into force on 1 September 2007. These regulations prohibit the use of credit and debit cards directly in gaming machines, thereby replicating the position under the current regime.
To view the relevant Statutory Instrument, please visit: http://www.opsi.gov.uk/si/si2007/20072320.htm
Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007
The Small Society Lotteries (Registration of Non-Commercial Societies) Regulations 2007 came into force on 1 September 2007. These regulations deal with the procedure under which non-commercial societies wishing to run small fundraising lotteries must register with their local authority.
A small society lottery is one with proceeds of up to £20,000 (of which 20% must go to purposes for which the society is conducted), a maximum single prize of £25,000, and where the aggregate total of the lotteries promoted by the society in a year do not exceed £250,000. Regulations prescribe the application form and fees, and when the first annual fee must be paid.
To view the relevant Statutory Instrument, please visit:
http://www.opsi.gov.uk/si/si2007/20072328.htm
Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007
The Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007 came into force on 1 September 2007.
These regulations specify which country or place is to be treated as if it were an EEA State for the purposes of the advertising of foreign (i.e. non-EEA) gambling.
To view the relevant Statutory Instrument, please visit:http://www.opsi.gov.uk/si/si2007/20072329.htm
Premise Licence Applications opened on 21st May 2007
Premises licences attract an annual fee. The amount of the fee is at
the discretion of the local authority, up to certain levels as
specified in The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007.
There are certain conditions attached to a premises licence which all
gambling premises must abide by to keep that licence. These are set
out in The Gambling Act 2005
For further guidance on premises licences, please visit: http://www.gamblingcommission.gov.uk/Client/detail.asp?ContentId=127
Guidance to licensing authorities part 2 (small society lotteries)
published by the Commission.
As part of the Gambling Act 2005, licensing authorities will have a range of new responsibilities
related to gambling.
To download this publication, please visit:
http://www.gamblingcommission.gov.uk/Client/news/pubs_detail.asp?Id=30
Consultations, policy and publications timetable from the
Commission The Gambling Commission website contains a consultation
timetable that lists present and future Commission consultations, see it online at:
http://www.gamblingcommission.gov.uk/Client/detail.asp?ContentId=50
Committee of Advertising Practice (CAP) announces new rules for gambling advertising
To view the new rules within the advertising Codes, please go to www.cap.org.uk/gambling
Department for Culture, Media and Sport (DCMS) release consultation on ‘The Gambling Act 2005: (Limits on Prize Gaming) Regulations’
To download a pdf version of the Gambling Commission E-Bulletin Special Edition containing further details click here
DCMS releases new consultation paper ‘Definition of Dual-Use and Domestic Computers’ March 09 2007
The joint consultation document and draft regulatory impact assessment paper explains the Government’s approach to defining exceptions to the definition of gaming machine under the Act.
Further details can be found in the Gambling Commission E-Bulletin Issue 23 click here
New consultation from the Commission on ‘Updated guidance to Licensing Authorities on Tracks’ March 09 2007
This consultation paper sets out the Commission's guidance to licensing authorities in relation to premises licences for tracks.
To view the consultation paper, please visit:
http://www.gamblingcommission.gov.uk/UploadDocs/Contents/Documents/Guidance_LAs_tracks.pdf
DCMS Premises Licence Regulations Laid Feb 23 2007
The regulations for Inspections of Premises and Hearings for Applications have been laid and are now available on the Office of Public Sector Information (OPSI) website.
The Inspection regulations (England and Wales) set out the rules for inspection of premises to assess compliance or when an offence has been reported or suspected. The Hearings regulations set out the way in which Licensing Authorities must conduct a hearing if they have received representations from a member of the public or a responsible authority regarding the intention to open a gambling premises.
To download the regulations for Inspection of Premises, please visit:
http://www.opsi.gov.uk/si/si2007/20070319.htm
To download a pdf version of the Gambling Commission E-Bulletin Issue 22 click here
HM Treasury consultation on Remote Gaming Duty Feb 09 2007
HM Treasury have invited comment on draft legislation for Remote Gaming Duty that will be introduced by the Finance Bill 2007. This will affect online gaming operators.
The paper outlines the key features of the proposed tax arrangements and responses are required by February 19, 2007.
To download a copy of the consultation document from the HM Revenue & Customs website please follow the link below:
http://customs.hmrc.gov.uk/channelsPortalWebApp/downloadFile?contentID=HMCE_PROD1_026755
To download a pdf version of the Gambling Commission E-Bulletin Issue 21 click here
For further information on the above please contact Simon Halberstam on 020 7544 5595 or at simonh@sghlaw.com
Gambling Commission publishes Licensing and Regulation Principles Statement - Jan 07
This document sets out the principles to be applied by the Gambling Commission in exercise of its functions under the Gambling Act 2005. To view this and the statement of supporting principles , click here
For further information on the above please contact Simon Halberstam on 020 7544 5595 or at simonh@sghlaw.com
Fee structure for Operating and Personal Licences - Dec 06
The Gambling Commission has announced the Fees payable for Operating and Personal Licences.
Operating Licences
There will be two types of Fees payable for operating licences - a one off application Fee and an annual Fee.
Fees are set for types A-E for Non-Remote operating licences and types F-H for Remote operating licences.
The calculation can be quite complicated and various criteria including Gamblng Yield, Number of Premises and Working Days may play a role in working out what is due.
For further information, see http://www.gamblingcommission.gov.uk/Client/detail.asp?ContentId=139
Personal Licences
As regards Personal Licences, there will be Application and Renewal Fees. The Application Fees will be as follows:-
Personal Management Licence £330
Personal Functional Licence £165
The Maintenance Fees will be payable every 5 years from the issue of the licence holder's first licence under the Gambling Act 2005. The Commission will contact the licence holder in order to institute a review of the licence and the maintenance Fee will be payable at that point.
Personal Licence Exemption for Small-Scale operator exemption - Dec 06
The Gambling Act 2005 (Definition of Small-Scale Operator) Regulations 2006 exempts small-scale operators from the need to hold Personal Licences in addition to their Operating Licence.
For further information, see http://www.gamblingcommission.gov.uk/Client/detail.asp?ContentId=126 |