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Adult gaming centres

Adult gaming centres (AGCs) are premises for adults providing gaming machines with higher payouts than family entertainment centres.

How to apply for an Adult Gaming Centre Premises Licence

Adult gaming centres need an operating licence and some members of staff need personal licences. These can be obtained from the Gambling Commission's operating licence page. Please apply for these before applying for a Premises Licence.

You will need to send the following to the Licensing Unit:

The person making an application must give notice of the application to each of the responsible authorities.

Advertising the application

The applicant must publish notice of the application:

  • in a local newspaper circulating within the licensing authority's area on at least one occasion during the period of 10 working days starting with the day after the day on which the application is made to the authority and
  • by displaying a notice on the premises to which the application relates in a place at which it can conveniently be read by members of the public from the exterior of the premises for a period of no less than 28 consecutive days, starting on the day on which the application is made to the licensing authority.

Granting a licence

Once an application has been determined and the Licensing Unit decides that it will grant a licence, the applicant will be issued a prescribed form called the notice of grant of application.

Where, on granting an application, the council exercises its power to attach one or more conditions to the licence, the notice will include an annex setting out the conditions and the council's reasons for attaching each condition to the licence.

Where, on granting an application, the council exercises its power to exclude one or more conditions that would otherwise be attached to the licence, the notice will include an annex setting out the conditions to be excluded the council's reasons for excluding them.

Where representations are made under section 161 of the Gambling Act 2005 in relation to an application which is granted by the council, the notice will include an annex setting out the representations and giving the council's response to the representations.

Rejecting an application

If the council decides not to grant a licence, a notice of rejection will be issued by the Licensing Unit.

Splitting an existing licensed gambling premises

In submitting an application to split the premises, it will be expected that the following measures are in place:

  • Separation of the premises must be clearly defined. A minimum requirement will be 5ft high (1.54m) clear Perspex barriers surrounding the premises where there are no fixed walls. Entrances and exits for the separate premises must be clearly marked on the plans and of a size to comply with fire safety legislation, especially if occupancy levels have already been set for the building. There must be a distance of 6ft 7in (2m) between partitions that is unlicensed for any form of gambling activity. A copy of plans must be submitted to the fire authority.
  • Each separate premises will require a notice (of similar size to the fire exit sign) that clearly defines that they are separate premises, for example by giving them a name, such as "Zone 1".
  • Each premises must comply with the mandatory conditions and individual conditions relevant to the type of gambling premises.
  • Measures to assist with the supervision of these extra premises: either an increase in staffing levels to monitor these locations permanently or a comprehensive CCTV system which does not block the line of sight and a mixture of static and floating staff covering the whole site.
  • All legal notices should be displayed in each of the separate premises and not just at the entrance to the building.

An application to vary the existing gaming premises licence and the application(s) for new premises must be submitted at the same time.

Where the operator of an existing AGC premises licence applies to vary the licence and acquire an additional AGC premises licence, it is not permissible for all of the gaming machines under category B3 or B4 to be grouped together within one of the licensed premises. There is a maximum of four machines in each licensed AGC premises.

Gaming machines

The Department for Culture, Media and Sport (DCMS) implemented an increase in stake for B3 gaming machines to £2 and has changed the number of B3 gaming machines permitted in adult gaming centres (AGC).

AGC are entitled to make available a number of Category B gaming machines not exceeding 20 per cent of the total number of gaming machines which are available for use on the premises.

Licensed AGC in existence before 13 July 2011 are entitled to make available four (AGCs) category B gaming machines, or 20 per cent of the total number of gaming machines, whichever is the greater.   

AGC licences granted on or after 13 July 2011 but before 1 April 2014 are entitled to a maximum of four category B gaming machines or 20 per cent of the total number of gaming machines, whichever is the greater; from 1 April 2014 these premises will be entitled to 20 per cent of the total number of gaming machines only. 

Operators who choose to make material changes to their existing licensed premises in order take advantage of the 20 per cent requirement you may need to apply for a licence variation. Licensed operators who are in any doubt about whether alterations to their premises will require a variation please contact the licensing team before proceeding.

There is no limit on Category C or D machines.

Mandatory conditions relevant to adult gaming centres

The Secretary of State for Culture, Media and Sport is empowered to make mandatory conditions by regulation which may apply to all premises licences or specified classes of licence.

The conditions are:

  • a prominent notice prohibiting people aged under 18 years old at every entrance;
  • a prominent notice stating that no alcohol maybe consumed at any time that facilities for gambling are being provided to be displayed at every entrance;
  • a summary of the licence to be displayed in prominent place;
  • there must be no entrance from premises with a Gambling Act 2005 licence, a family entertainment centre gaming machine permit, a club gaming permit, a club machine permit or a licensed premises gaming machine permit;
  • the layout of the premises is to be maintained in accordance with the plan;
  • the premises are not to be used for the sale of tickets in a private or customer lottery or National Lottery;
  • automatic teller machines (ATMs) are to be located so that users must cease gambling to use them.

Default conditions relevant to adult gaming centres

The Secretary of State is empowered to make default conditions by regulation, which may apply to all premises licences or specified classes of licence.

There is one such condition:

  • gaming machines may be used 24 hours a day.

Individual conditions

The council may attach individual conditions to application for non-fast track applications, new applications and variation applications. These conditions may apply to all of the premises or to a specified part of them.

The council will ensure that the premises licence conditions are:

  • 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;
  • reasonably related to the scale and type of premises; and
  • reasonable in all other respects.

Prohibition

None of the conditions may:

  • require the premises to operate as a club;
  • limit stakes, fees, winnings or prizes;
  • alter the statutory permissions for gaming machines in licensed premises or override provisions of regulations relating to machines.

Christmas Day

All premises licences are subject to a condition that they may not be used to provide gambling facilities on Christmas Day.

Plans to be submitted with an application

All plans have to show:

  • the extent of the boundary or perimeter of the premises;
  • where the premises include or consist of one or more buildings, the location of any external or internal walls of such building;
  • where the premises form part of a building, the location of any external or internal walls of the building which are included in the premises;
  • where the premises are a vessel or part of a vessel, the location of any part of the sides of the vessel and of any internal walls of the vessel which are included in the premises;
  • the location of each point of entry to and exit from the premises, including, in each case, a description of the place from which entry is made or to which the exit leads.

Relevant to adult gaming centres:

  • the location and extent of any part of the premises in which gaming machines will be made available for use in reliance on the licence.

 

For more information contact Licensing Unit by telephone: Licensing Services - 01634 337107 or 337108 / Enforcement - 01634 337112 or 337106 or by email: licensing@medway.gov.uk

Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR