Licensing

Four types of betting are covered by the Gambling Act 2005 (the Act):

• off course (in premises of a bookmaker or in a betting shop);
• on course (at a track);
• pool (incorporates racecourse, football and other sports pool operators);
• bets placed remotely (by telephone or over the internet).

The information provided here about applying for a premises licence relates to betting at premises such as a bookmakers' or a betting shop.

How to apply for a Betting Premises Licence

Betting shops need an operating licence and some members of staff need personal licences. These can be obtained from the Gambling Commission (www.gamblingcommission.gov.uk/Client/detail.asp?ContentId=108). Please apply for these before submitting your application for a Premises Licence.

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

• a completed application form (www.culture.gov.uk/what_we_do/gambling_and_racing/4153.aspx);
• a plan of the premises;
• the relevant fee.

You will then need to send a Notice of Application

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

Advertising the application

The applicant must publish notice of their 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 where 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 your application has been determined and the council's Licensing Team determines that it will grant a licence, you will be issued a prescibed form called the "notice of grant of application".

Where, on granting a licence, 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 in relation to each condition, giving the it's reasons for attaching it to the licence.

Where, on granting a licence, 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 and in relation each condition, giving its reasons for excluding it.

Where representations are made under section 161 of the Act 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.

Rejection of an application

A notice of rejection of application may be issued by the council's Licensing Team.

Gaming machines

Betting establishments that hold a Premises Licence will be entitled to a maximum of four machines in category B2 to D.

Mandatory conditions relevant to betting establishments

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 must be displayed prohibiting people under the age of 18 years at every entrance;
• a prominent notice stating that no alcohol may be consumed at any time facilities for gambling are being provided is to be displayed at every entrance;
• a summary of the licence is to be displayed in prominent place;
• the betting rules are to be prominently displayed on the premises;
• access is to be from the street or other betting premises;
• there must be no direct access to other premises used for the retail sale of merchandise or services;
• the layout of the premises is to be maintained in accordance with the plan;
• the premises are not to be used for sale of tickets in a pcivate or Customer lottery or the National Lottery;
• the premises may be used only for betting, unless another use is directly permitted by Gambling Act 2005, except for automatic teller machines (ATMs), the transmission of sound or images of sporting events, betting etc. and the sale of racing periodicals or betting publications;
• except for the transmission of sound or images mentioned above, there must be no music, dancing or entertainment;
• ATMs are to be located so that users must cease gambling to use them.

Default conditions relevant to betting establishments

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:

• gambling may take place only from 7am to 10pm.

Individual conditions

The council may attach individual conditions to 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 your 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 buildings;
• 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.
• the location and extent of any part of the premises that will be used to provide facilities for gambling in reliance on the licence.

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