Lucas Licensing Limited
7 Contributions by Lucas Licensing Limited Experts
PRACTICE NOTES
This Practice Note
This Practice Note examines what falls within the meaning of a gaming machine under the Gambling Act 2005 (GA 2005) and the offences that may arise where contraventions occur. It further addresses the operation of lotteries, including the distinction between simple and complex lotteries, the rules on lottery promotion, exempt lotteries, and offences resulting from breaches of the statutory provisions. Under GA 2005, a gaming machine is a device designed or adapted for individuals to gamble, whether or not it also serves other purposes. The High Court has held that poker terminals available in public houses are gaming machines because they enable play of a game of chance for a prize; they were recognisably capable of generating a chance on which a prize might be awarded. By contrast, equipment not designed or adapted for gambling—such as skill machines where the outcome
Local Government
PRACTICE NOTES
This Practice Note outlines the Gambling Commission’s regulatory remit and its investigative and enforcement powers, deployed to ensure the three licensing objectives are upheld.
Gambling Commission investigations
The Commission supervises the commercial gambling industry throughout Great Britain.
Under section 23 of the Gambling Act 2005 (GA 2005), it must prepare a statement setting out the principles to be applied when exercising its functions under that Act.
It has published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005, which sets out its regulatory policies for undertaking compliance activities.
This policy is reviewed regularly and was updated on 12 September 2023.
In performing its functions, the Commission is under a duty to pursue and have regard to the licensing objectives in GA 2005, s 1:
preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to
Local Government
PRACTICE NOTES
This Practice Note sets out when a premises licence is needed to authorise gambling activities. It outlines the categories of premises licences for each activity, the eligibility criteria, and the route to the licensing authority from submission and advertisement through to any hearing. It details the mandatory conditions attached to a premises licence, as well as discretionary conditions. It also addresses provisional statements and appeals against decisions of the licensing authority.
A premises licence is required to provide gambling facilities at:
casino premises
bingo premises
betting premises, including tracks and premises used by betting intermediaries
adult gaming centres
family entertainment centres
Other than for a track, a premises licence cannot be granted if a premises licence already has effect for the same premises.
A track includes:
a horse-race course
a dog track
other premises where races or sports events take
Local Government
PRACTICE NOTES
This Practice Note outlines the situations in which the various types of club (members’, commercial and miners’ welfare clubs) may provide gaming and gaming machines without a permit. It describes the limits of these exemptions, when a permit is needed by a club, how to apply, and how decisions are reached. It also sets out when alcohol licensed premises may provide gaming and gaming machines by relying on the alcohol licence where certain conditions are met and appropriate notice is given, when exemptions can be removed, and how determinations can be challenged. It looks at rules on bingo in pubs and clubs and when a travelling fair can provide gaming without specific authorisation.
Clubs
There are distinct provisions controlling gaming and gaming machines supplied by clubs, alcohol licensed premises and travelling fairs, in addition to the framework that permits gambling facilities under operating and
Local Government
PRACTICE NOTES
This Practice Note outlines three types of conditions that may apply to a premises licence under the Licensing Act 2003 (LA 2003): mandatory, proposed and imposed. It explains these in detail, and highlights conditions that are not permitted.
Types of conditions
LA 2003 permits conditions to be attached to a premises licence or a club premises certificate in three situations, namely:
mandatory conditions — conditions that must be included on a premises licence or club premises certificate in the circumstances specified;
proposed conditions — including conditions suggested by an applicant or the holder of a premises licence or club premises certificate, and those regarded as consistent with the operating schedule accompanying an application; and
imposed conditions — conditions the licensing authority considers appropriate for promoting the licensing objectives, after receipt and consideration of relevant
Local Government
PRACTICE NOTES
This Practice Note explains the law and procedure concerning the obligations and responsibilities of a licensing authority under the Licensing Act 2003 (LA 2003). It sets out the need for a licensing authority to create a licensing committee to discharge its licensing functions, together with the discretion for that committee to appoint one or more sub-committees so as to delegate the majority of those licensing functions. It also includes practical advice on best practice for licensing committees and/or sub-committees on planning and running hearings, and on avoiding common pitfalls encountered in practice. A licensing authority should be well versed in LA 2003 as interpreted by the courts, the relevant regulations made under LA 2003, the statutory guidance, and its own statement of licensing policy. It must likewise observe and adhere to the rules of natural justice; particularly for hearings, where it must act:
Local Government
PRACTICE NOTES
This Practice Note outlines what amounts to regulated entertainment, the permitted exceptions within the framework, and the general considerations a licensing authority applies when reviewing an application. It also describes when specific exemptions from regulated entertainment arise under the cross activity exemption for health care providers, local authorities and school proprietors. Providing regulated entertainment is both a licensable activity and a qualifying club activity under the Licensing Act 2003 (LA 2003). To offer regulated entertainment, premises must hold one or more of the following authorisations:
a premises licence
a club premises certificate
a temporary event notice
What constitutes the provision of regulated entertainment?
The types of entertainment identified in LA 2003 are not licensable unless the following conditions are fulfilled:
the entertainment is provided for members of the public or a section of the public
exclusively for members of a
Local Government
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