Application, Licence and Machines
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.
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.