There are 3 types of Licences that are relevant under the Gambling Act.

1. Operating Licences
2. Personal Licences
3. Premises Licences

1. Operating Licences
Anyone who wishes to provide facilities for gambling, or to manufacture, supply, install, repair or adapt a gaming machine or gambling software (unless an exception applies) on or after 1st September 2007, needs to complete and submit one of these forms.

If you submit an incomplete form to the Gambling Commission (ie you fail to provide
compulsory information) this will result in your application being delayed and may result in your application being refused.

If you submit a form containing information which is false or misleading, you will, unless you have a reasonable excuse, have committed an offence under section 342 of the Gambling Act 2005.

You need to bear in mind that the principles set out in the Gambling Act 2005 require that the Gambling Commission gives due consideration to:

● The 3 licensing objectives, namely:
- prevent gambling from being a source of crime or disorder, being associated with crime or
disorder or being used to support crime;
- ensure that gambling is conducted in a fair and open way;
- protect children and other vulnerable persons from being harmed or exploited by gambling.

● Your suitability (including your integrity, competence and financial circumstances).

● Any criminal record.

● The suitability of any gaming machine to be used in connection with the licensed activities.

● The suitability of any other equipment to be used in connection with the licensed activities.

There are ten kinds of activity which can be covered by an operating licence:

1. operating a casino (casino operating licence);
2. providing facilities for playing bingo (bingo operating licence);
3. providing facilities for betting other than pool betting (a general betting operating licence);
4. providing facilities for pool betting (pool betting operating licence);
5. acting as a betting intermediary (betting intermediary operating licence);
6. making gaming machines available for use in an adult gaming centre (gaming machine general (AGC);
7. making gaming machines available for use in a family entertainment centre (gaming machine general (FEC);
8. manufacturing, supply, install, adapt, maintain or repair a gaming machine, or part of a gaming machine (gaming machine technical operating licence);
9. manufacturing, supply, install, or adapt gambling software (gambling software operating
licence);
10. promoting a lottery (lottery operating licence).

Operators can apply for a single operating licence that combines different kinds of the activities listed above but a single licence cannot combine non-remote and remote activities.

All of the above activities can be covered by an operating licence that may be non-remote.

Eight of the above activities can be covered by an operating licence that may be remote (6-AGC and 7-FEC cannot be remote).
Within each licence type listed above, the Commission has the power to:

● Grant a licence on either a remote basis (any form of gambling that does not require the
individual to be present such as phone betting, internet gambling or where those who participate in the gambling, or some of it, do so by use of remote communication; supply of gambling software or machine software via the internet) or non-remote basis.

● Limit the scope of the licensed activities which can be carried out under the licence. This may be done by reference to the nature of the activities; the circumstances in which they are carried out or their extent.

● Refuse a licence where there are reasons to do so.

You need to ensure that you maximise your chances of success by filling out the application form in the most appropriate manner.
We can assist with this.

For further information please contact Simon Halberstam on 0207 814 1258 or at simonhalberstam@hotmail.co.uk

2. Personal Licences

Under section 80 of the Gambling Act 2005 every operating licence issued by the Gambling Commission under part 5 of the Act must be subject to a condition ensuring that at least one person occupies a specified management office in relation to that licence, and that this person holds a personal licence authorising the performance of the functions of that office.

The Gambling Commission issues two kinds of personal licence:

1. Personal management licences (PMLs) for individuals who occupy certain management positions;
and

2. Personal functional licences (PFLs) for individuals who carry out certain operational functions.

Personal management licences (PMLs)

Where a person occupies a specified management office in respect of the holder of an operating licence they will require a PML. Those who are responsible for the following management functions, whatever their actual job title, will require personal management licences, unless exempt under the small-scale operator exemption.

● overall strategy and delivery of gambling operations (typically CEO/MD/executive chairman plus COO or operations director or sectoral MD in large or complex operators);

● financial planning, control and budgeting (typically FD);

● marketing and commercial development (typically marketing and/or commercial development directors);

● regulatory compliance (typically compliance director plus technical compliance director in larger
operators);

● gambling-related IT provision and security (typically e-business director or IT director).

The Commission will work with the industry to identify the posts which, in the Commission’s
judgement, correspond to the functions described above and need to be occupied by personal management licence holders.

In respect of lotteries, the Commission will require the Director who is responsible for the lottery and the person filling the role of lottery promoter to hold a personal management licence.

Individuals who occupy more than one of these management positions at the same time only need to hold one personal management licence.
A person can apply for a personal management licence even if they are not currently in a role which requires a PML to meet a condition of the operating licence.

Personal functional licences (PFLs)

These must be held by individuals who perform any operational function which enables them to influence the outcome of gambling or any function relating to the receiving or paying of money in connection with gambling.

The Gambling Commission has specified that the following roles require a PFL:
● casino dealer/croupier;

● casino cashier;

● casino inspector;

● casino pit boss/gaming supervisor;

● casino security/surveillance related to gambling activities (ie excluding reception and door
security);

● on-course bookmaker’s representative or nominated officer.

In deciding whether to grant a personal licnence, the Commission must have regard to:
● the licensing objectives;

● your suitability (including your integrity, competence and financial circumstances);

● any criminal record.

3. Premises Licences

There is a wide variety of options depending on the sort of operation that you intend to run. The possibilities are:-

i. regional casino
ii. large casino
iii. small casino
iv. existing casino
v. bingo
vi. adult gaming centre
vii. family entertainment centre
viii. betting (track)
ix. betting (non-track)

In the form you will need to cover issues such as the intended layout of the premises as well as the supervision of key machinery such as Gaming Machines in Family Entertainment Centres and Bingo premises and Bet Receipt Terminals on track.

You need to ensure that you maximise your chances of success by filling out the application form in the most appropriate manner.

We can assist with this.