Page last updated 2 October 2007.
Link to Fact Sheets
Link to Guidance Sheets
Link to Further Documents and Information
The Gambling Act 2005 gives effect to the Government’s proposals for reform of the law on gambling. The Act contains the new regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting. It received Royal Ascent on 7 April 2005.
The Gambling Act 2005 repeals the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976.
Gambling will be unlawful in Great Britain, unless permitted by:
- Measures contained in the Act; or
- Measures contained in the National Lottery etc Act 1993, or pursuant to the Financial Services and Markets Act 2000.
Two comprehensive offences are established by the Act. These are providing facilities for gambling or using premises for gambling, in either case without the appropriate permission. Such permission may come from a licence, permit, or registration granted in accordance with the Act or from an exemption given by the Act. Where authority to provide facilities for gambling is granted, it will be subject to varying degrees of regulation, depending on the type of gambling, the means by which it is conducted, and the people by whom and to whom it is offered.
The Act has introduced a unified regulator for gambling in Great Britain, the Gambling Commission, and a new licensing regime for commercial gambling (to be conducted by the Commission or by licensing authorities, depending on the matter to be licensed). The Act removes from Licensing Justices all responsibility for granting gaming and betting permissions, which they exercised previously. Instead, the Commission and licensing authorities (Breckland Council) will share between them responsibility for all matters previously regulated by Licensing Justices.
The Act contains three licensing objectives which underpin the functions that the Commission and licensing authorities (Breckland Council) will perform. These objectives are central to the new regulatory regime created by the Act. They are:
- Preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime;
- Ensuring that gambling is conducted in a fair and open way; and
- Protecting children and other vulnerable persons from being harmed or exploited by gambling.
The Commission has an overriding obligation to pursue and have regard to the objectives, and to permit gambling so far as it thinks it is reasonably consistent with them.
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The Act gives licensing authorities (Breckland Council) a number of important regulatory functions in relation to gambling. Their main functions are to:
- Licence premises for gambling activities;
- Consider notices given for the temporary use of premises for gambling;
- Grant permits for gaming and gaming machines in clubs;
- Regulate gaming and gaming machines in alcohol licensed premises;
- Grant permits to family entertainment centres for the use of certain lower state gaming machines;
- Grant permits for prize gaming;
- Consider occasional use notices for betting at tracks; and
- Register small societies lotteries
Breckland Council as a licensing authority has an obligation to provide information to the Gambling Commission, including details of licences, permits and registrations issued.
The Gambling Act 2005 provides for three categories of licence:
- Operating licences;
- Personal licences; and
- Premises licences.
Within these categories, a number of different types of licence may be issued.
Premises Licences will be granted by licensing authorities (Breckland Council) and may authorise the provision of facilities on:
- Casino premises;
- Bingo premises;
- Betting premises, including tracks;
- Adult gaming centres; and
- Family entertainment centres.
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Except in the case of tracks (where the occupier of the track who gets the premises licence may not be the person who actually offers the gambling), premises licences may only be issued to people with a relevant gambling operating licence. For example, to obtain a bingo premises licence the applicant must hold a bingo operating licence. Premises licences are transferable to someone else holding a valid operating licence.
The Act provides that licensing authorities may attach conditions to premises licences. The conditions attached will be considered in relation to each type of licence.
In addition to licences there are other forms of authorisation that a licensing authority (Breckland Council) may grant. For example, authorisations for the temporary use of premises, occasional use notices and five different sorts of permit for unlicensed family entertainment centres, prize gaming, gaming machines on alcohol-licensed premises and club gaming and club gaming machines, respectively.
Further documentation
Fact Sheets
Poker Under The Gaming Act 2005 (pdf doc, 24kb)
Gaming and Gaming Machines in Pubs and other Alcohol Licenced Premises Under The Gaming Act 2005 (pdf doc, 24kb)
Casino Nights Under The Gaming Act 2005 (pdf doc, 15kb)
Bingo Under The Gaming Act 2005 (pdf doc, 24kb)
Race Nights Under The Gaming Act 2005 (pdf doc, 11kb)
Gaming and Gaming Machines in Clubs and Miners' Welfare Institures Under The Gaming Act 2005 (pdf doc, 27kb)
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Guidance
Betting - Guidance (pdf doc, 42kb)
Bingo Clubs - Guidance (pdf doc, 36kb)
Clubs - Guidance (pdf doc, 25kb)
Non Alcohol Licence - Guidance (pdf doc, 11kb)
Prize Gaming Permits - Guidance (pdf doc, 25kb)
Pubs and Other Alcohol Licenced Premises - Guidance (pdf doc, 26kb)
Small Society Lotteries - Guidance (pdf doc, 22kb)
Society Lotteries - Guidance (pdf, 27kb)
Arcades FECS etc - Guidance (pdf doc, 85kb)
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Further Information and downloads
A wide consultation which finished on 14th November 2006, took place on the Statement of Principles.
The Statement of Principles can be viewed online on our website www.breckland.gov.uk or a hard copy can be obtained by contacting the Licensing Team on (01362) 656870 or email licensingteam@breckland.gov.uk.
You can view the document "New Gambling Act Explained - Local Residents" by clicking on the link. This will take you to the LACORS wesbite, and open up a PDF document.
Please contact the Licensing Team if you require any further information.
Link to the Statement of Principles (PDF doc, 408kb).
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