The Gambling Act 2005 – The Moray Licensing Board Statement of Policy
Section 349 of the Gambling Act 2005 requires Licensing Authorities to publish a statement of principles they propose to apply in exercising their functions under the Act. The Moray Licensing Board’s policy will come into force on the 31st January 2007. You can view the policy by using the links below. The policy is available in PDF format :
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1. General Information
The Moray Licensing Board will now accept applications for Gambling Act 2005 premises licences and certain permits.
Responsibility for operating licences and personal licences lies with the Gambling Commission. The Commission’s website is at:
http://www.gamblingcommission.gov.uk/Client/index.asp
The forms to apply for a premises licence are below and must be returned with a scale plan and the appropriate fee. Unless and until all correct elements are submitted the application is not complete and no action will be taken to process it.
For detailed regulations about applying for a premises licence please read the Gambling Act 2005 (Premises Licences and Provisional Statements) (Scotland) Regulations 2007 at the following link:
http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070196.htm#4
For details of the fees please follow this link:
http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070197.htm
Please note that whilst a premises licence will not have an expiry date, an annual fee will be due to the Licensing Board.
You will also find below the forms to be used to give notice of your application to Responsible Authorities and to the public. You must give notice to the public outside the premises and in a local newspaper. Please consult the regulations referred to above for further details.
Forms for ancillary applications in relation to premises licences (e.g. applications to vary or transfer) will be made available in due course.
2. Steps to Take
1. Check what licences/permissions you require - for existing operators, the Department of Culture Media and Sport (DCMS) has produced a very useful document to guide applicants through the transition to the new Act. This document includes sector specific advice on what to do and when. You can view this document by following this link:
http://www.culture.gov.uk/NR/rdonlyres/1CEF6174-A2B8-48E5-AE2A-319B33145ABE/0/GUIDANCEFINALDEC06.pdf
You should also visit the Gambling Commission’s website using this link:
http://www.gamblingcommission.gov.uk/client/detail.asp?ContentId=109
2. If applicable check your Grandfather rights - existing operators will also be entitled to grandfather rights i.e. there are very few circumstances where your application can be refused. The circumstances are set out in the DCMS guidance.
3. Check whether you need a premises licence - many operators will need to apply to the Board for a premises licence. Where necessary you need to apply between 21st May and 30th July. As long as you do so then you will get continuation rights (the right to continue offering gambling facilities) even if the Board does not process your application by the 1st September. Without continuation rights, even as an existing operator, you will be required to cease all gambling operations until the new licence is granted by the Board.
4. Check your application for an operating licence – if you think you need a premises licence then carry on to step 5. If you think you only need a permit then jump to step 10 below.
5. Application can only be made for a premises licence once an operator has applied for an operating licence from the Gambling Commission. You do not have to have an operating licence in place to apply for a premises licence but you must have made the application. If you have not applied for an operating licence then you should do so. Generally the premises licence will not be issued unless and until the operating licence has been issued (for a fast track application the premises licence can be granted before the operating licence is issued however if the operating licence is subsequently refused then the premises licence will automatically be revoked).
6. Check whether your wish to apply on the Fast Track procedure – existing operators may opt for a fast track application process. A fast track grandfathered application then attracts a flat fee of £250.00. Fast track means that the operator must accept the mandatory and default conditions specific to their type of licence. Any operator wishing to remove or vary a default condition will not be able to fast track their application and the fee will be higher. A fast track application negates the need for any notices, objections or Board hearings. The statutory instrument setting out the mandatory and default conditions can be accessed by following this link:
http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070266.htm
7. Apply for a Premises Licence if you need one - application forms are available in Section 3 below.
8. Check you have sent all the correct information. Along with the application form you will need a scale plan, that complies with the regulations, and the correct fee – your application will not be complete unless and until you send the all the correct documents as well as the fee. No action will be taken to process an incorrect application unless and until any error is remedied - the Scottish Executive has Regulations that prescribe both the application process and the fees. The relevant statutory instruments can be found by following these links:
Premises licences http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070196.htm#3
Fees http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070197.htm
9. Once granted, premises licences will not expire but there may be an annual fee due to the Moray Licensing Board and you should see the statutory instrument on fees above.
10. Familiarise yourself with Permits - the main differences between a permit and a premises licence are:
11. Decide whether you need a Permits - Permits are within the sole remit of the Moray Licensing Board. The Gambling Commission does not issue permits and the permit provides the operator with an exemption to the requirement for an operating licence from the Commission. Permits are issued to premises that either offer very low-stakes and prizes gambling, or premises whose primary function is not the provision of gambling facilities. Therefore, the only premises eligible to apply to licensing authorities for permits are:
11. Decide what type of Permit you wish to apply for - there are various types of permit available and the operator should choose the most appropriate:
Gaming machine categories have been explained previously. Permits do not go beyond category B4 machines, which have a maximum stake of £1 and a maximum prize of £250. Children (under 18’s) can only access category D machines with a maximum stake of 10p and a maximum prize of £5 (or 30p and £8 where the prize is non-monetary). Games of pure skill e.g. quiz machines are not covered by the Act. Games that incorporate an element of chance (even skill and chance combined) are games of chance and must be licensed.
12. Familiarise yourself with your entitlements - applicants should make themselves aware of the entitlements conferred by each type of permit. Information in this regard has been circulated previously. Both alcohol licensed premises and clubs have varying entitlements to offer equal chance gaming under the Act. Individual premises should make themselves aware of these entitlements.
13. Alcohol licensed premises can decide whether to register for an automatic entitlement to gaming machines instead of a permit – the Moray Licensing Board will also receive notifications of a licensed premises’ intention to exercise its automatic entitlement to two gaming machines. The Gambling Act provides that alcohol licensed premises with an on-licence and a bar have an automatic entitlement to 2 gaming machines of category C or D. If children have access to premises then any category C machine will have to be supervised so that children cannot play them. To take advantage of this entitlement the premises must provide written notification to the Board and pay the required fee. There is no set form of notification but for convenience the Moray Licensing Board has provided a pro-forma registration form in Section 3 below.
14. Familiarise yourself with relevant codes of practice – ALL operators will be expected to comply with the codes of practice with effect from the 1st September 2007. The codes of practice are produced by the Gambling Commission and are available on their website at the following link:
http://www.gamblingcommission.gov.uk//Client/detail.asp?ContentId=103
15. Apply for the Permit if you need one - application forms will be made available as soon as possible in Section 3 below.
16. Check the fee required and send the right fee – your application will not be complete unless and until you send the correct fee - the Scottish Executive has prescribed the licence fees and the statutory instrument can be found by following this link:
http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070197.htm
3. Forms
Contact Details
If you would like further information please contact:
The Moray Licensing Board
Tel: 01343 563030
Email licensing@moray.gov.uk