Gambling licensing policy

The Guidance states that a licence to use premises for gambling should only be issued in relation to premises that the licensing authority can be satisfied are going to be ready to be used for gambling in the reasonably near future, consistent with the scale of building or alterations required before the premises are brought into use.

An application for a provisional statement should be made in cases where construction of a premises is not yet complete or the building needs to be altered, or if the applicant does not yet have a right of occupation.

In deciding whether a premises licence can be granted where there are outstanding construction or alteration works at a premises, the authority will determine applications on their merits, applying a two stage consideration process 1:

• First, whether the premises ought to be permitted to be used for gambling
• Second, in deciding whether or not to grant the application, whether appropriate conditions can be put in place to cater for the situation that the premises are not yet in the state in which they ought to be before gambling takes place e.g. if a reasonably accurate statement can be provided as to when the works will be completed the licence may be issued with a future commencement date or a condition which states that the licence shall not commence until the premises have been completed in all respects in accordance with the scale plans that accompanied the licence application.

The Act is clear that when making a decision in respect of an application, the licensing authority should not consider whether or not a proposal by the applicant is in accordance with planning law or building regulations (Gambling Act 2005 section 210). The licensing authority’s approach is set out in paragraph 17 of this policy.

Applicants should note that the Licensing Authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant a licence.

1 (The Queen (on the application of) Betting Shop Services Limited –v- Southend-on-Sea Borough Council [2008] EWHC 105 (Admin))

In the case of premises licences the council is aware of the extensive requirements set out in the Gambling Commission’s Code of Practice regarding social responsibility. In this document the Gambling Commission clearly describes the policies and procedures that operators should put in place regarding:

• Combating problem gambling
• Access to gambling by children and young people
• Information on how to gamble responsibly and help for problem gamblers
• Customer interaction
• Self-exclusion
• Employment of children and young people

More detailed examples of the circumstances in which such a licence may be granted can be found in Part 7 of the Gambling Commission Guidance to Licensing Authorities.