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Legislation

The new 2005 Gambling Act is now upon us!

The last date for applications for new betting shops under the 1963 Betting Gaming & Lotteries Act to Magistrates' Court's, was 27th April 2007. Any applications for new betting office licences should now be made to the Local Authority in which the premises reside, under the new 2005 Gambling Act which comes into force on 1st September 2007.

There are three different types of licence:

  • operating,
  • personal, and
  • premises.

You will need a Operating Licence if you provide facilities for gambling and you may require a Personal Licence (if you don't qualify for the small scale exemption). These licences are granted by the Gambling Commission.

You will require a Premises Licence for any premise where gambling takes place and this is granted by the Local Authority in which the premises reside

OPERATING LICENCE

A person may act as a bookmaker only if he holds an Operator's Licence, granted by the Gambling Commission. There are various types of Licence depending on the type of betting you wish to undertake. Bookmakers who wish to offer betting from premises (other than a track) should apply for a general betting (standard) operating licence.

For operating licences you will need to pay a one-off application fee and an annual fee for each licence. The size of the fee depends on the type of licensed gambling activity you operate or intend to operate. More information about the fee structure for operating licences is available from the Gambling Commission.

PREMISES LICENCE

You will need a Premises Licence where you are providing gambling services to the public from fixed premises.

The local licensing authority where the premises are situated is responsible for ensuring that premises are approved for gambling.

In most cases, LA's will sit on a monthly basis to determine applications.

The "Demand Test" element that was so dominant in the old Act has now been removed and applications will be considered on individual merit in accordance with the LA's Licensing Principles, details of which they can provide you with.

Fees for premises licences vary across the UK but essentially they have a capped fee and guidance for the LA on fee level is given by the DCMS.

At atlas we can provide a full range of services to help you make the right decisions. Contact us for more information.


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