Further copies of this document can be obtained from:
Licensing Team
Brighton & Hove City Council
Bartholomew House
Bartholomew Square
Brighton
BN1 1JP
Tel: 01273 294429
Email: Ehl.safety@brighton-hove.gov.uk
Web: http://www.brighton-hove.gov.uk/content/business-and-trade/licensing-and-gambling
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Contents
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Page |
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Executive Summary Part A The Gambling Act 2005 |
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1. The licensing objectives 2. Brighton & Hove 3. The purpose of the Gambling Act 2005 – Statement of Licensing Policy 4. The licensing framework 5. Declaration 6. Responsible authorities 7. Interested parties 8. Exchange of information 9. Licensing authority functions |
10 |
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Part B Promotion of the licensing objectives |
1212 |
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10. Preventing gambling from being a
source of crime or disorder, being associated with crime or
disorder or being used to support crime 11. Ensuring that gambling is conducted in a fair and open way 12. Protecting children and other vulnerable persons from being harmed or exploited by gambling |
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Part C Premises licences |
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13. Premises Licences · Definition of a premises licence · Local Risk Assessment · Local Area Profile · Conditions · Door supervision 14. Adult gaming centres 15. Licensing family entertainment centres 16. Casinos 17. Bingo premises
18. Betting premises · Betting Machines 19. Tracks 20. Travelling fairs 21. Gaming Machines |
27 |
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Part D Permits, notices and lottery registrations |
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22. Unlicensed family entertainment centre gaming machine permits 23. Gaming machine permits in premises licensed for the sale of alcohol 24. Prize gaming permits 25. Club gaming and club machine permits 26. Temporary use notices 27. Occasional use notices (for tracks) 28. Small society lottery registrations |
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Part E Enforcement |
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29. Enforcement principles 30. Reviews 31. Test purchasing
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Appendices |
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Appendix 1 Glossary of terms Appendix 2 Gaming Machines Appendix 3 Summary of gaming entitlements for clubs and pubs
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The Gambling Act 2005 obtained Royal Assent in 2005 and came into effect in 2007.
Under Section 349 of the Gambling Act 2005, the Licensing Authority is required to prepare a statement of principles that they propose to apply in exercising their functions under this Act. This process is to be repeated every three years from 31st January 2007.
The consultation process is laid out clearly in the Gambling Act 2005, the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 and the Guidance to Licensing Authorities issued by the Gambling Commission (www.gamblingcommission.gov.uk).
The purpose of the Statement of Licensing Policy is to set out the principles that the Council propose to apply when determining licences, permits and registrations under the Gambling Act 2005.
Any decision taken by the Council in regard to determination of licences, permits and registrations should aim to permit the use of premises for gambling in so far as it is reasonably consistent with the licensing objectives, which are:
· Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime.
· Ensuring gambling is conducted in a fair and open way.
· Protecting children and other vulnerable persons from being harmed or exploited by gambling.
The principles to be applied specifically to the determination of premises licence applications include definition of premises, location, duplication with other regulatory regimes, conditions, door supervision, layout of the premises and supervision of gaming facilities. The policy also specifically mentions adult gaming centres, family entertainment centres, casinos, bingo premises, betting premises, tracks and travelling fairs.
The Council has the ability to issue permits for prize gaming and unlicensed family entertainment centres. The Council is able to specify the information it requires as part of the application process which will aid determination and this information is described in this Policy.
Club gaming and club machine permits are also issued by the Council. The process for this is described, along with other processes specified in the legislation for example temporary use notices, occasional use notices and small society lotteries.
Enforcement of the legislation is a requirement of the Act that is undertaken by the Council in conjunction with the Gambling Commission. The policy describes the Council’s enforcement principles and the principles underpinning the right of review.
The policy has three appendices, describing the stakes and prizes which determine the category of a gaming machine, a glossary of terms and exempt gaming in pubs and clubs.
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Part A The Gambling Act 2005
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1.
The licensing
objectives
1.1.Under the Gambling Act 2005 (the
Act) Brighton and Hove Council is the licensing authority
responsible for licensing premises for gambling activities as well
as granting various other gambling permits. In this document,
unless otherwise stated, any references to the Council are to the
Brighton and Hove Licensing Authority.
1.2.The Council will carry out its
functions under the Act with a view to aiming to permit the use of
premises for gambling in so far as it is reasonably consistent with
the three licensing objectives set out at Section 1 of the
Act. The licensing objectives 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;
· protecting children and other vulnerable persons from being harmed or exploited by gambling.
1.1. More information can be found
about how the Council will achieve this in Part B and Part C of
this document.
1.2. The Council will follow any
regulations and statutory guidance issued in accordance with the
Act and will have regard to any codes of practice issued by the
national gambling regulator, the Gambling Commission.
1.3. The Council is aware that in
making decisions about premises licences, it should aim to permit
the use of premises for gambling in so far as it thinks it
is:
· in accordance with any relevant code of practice issued by the Gambling Commission
· in accordance with any relevant guidance issued by the Gambling Commission
· reasonable consistent with the licensing objectives, and
·
in accordance with
this document.
1.4. The Gambling Commission’s Licence Conditions and Code of Practice (LCCP) require
gambling premises to undertake a risk assessment taking into consideration local information. Specific information about localities is provided in this policy at Part C.
2.1.Local features
The population of
Brighton & Hove is approximately 275,000, but this number
increases significantly in the summer months with the influx of
tourists. The local visitor economy is characterised by three
sectors: conferences, leisure and English language
education. In 2019, the City received 10.7 million tourism
day trips and 1.67 million staying visitors per year which equated
to nearly 5.5 million nights stayed in the City. In 2019 the
Visitor economy generated over £976 million of direct income
for local businesses and supported over 24,000 jobs, 17.5% of the
total Brighton & Hove labour force is employed in jobs
supported by tourism expenditure.
Brighton Marina is one of the largest in Europe, and the City is a
major centre for heritage and culture, hosting the largest annual
international arts festival in England every May. There are
also two Universities, a City College and a large number of
language schools, which together make the City very popular with
students from many parts of the world. Thirty five percent of
the population is aged 20-39, which is much higher than the
national average. This is quite different from the large
retirement age population associated with many coastal cities and
reflects the City’s reputation among young people as an
attractive place to live.
2.2.Culture and Tourism
Licensing policy
supports entrepreneurial activity, promoting the City’s
businesses, supporting growth of the creative industries sector,
extending the business improvement district. The cultural and
tourism offer in Brighton & Hove is crucial to the ongoing
economic success of the City; it brings both money and jobs.
This range of work also provides solutions to some of the problems
of inequality in the City.
The City of Brighton & Hove already provides many gambling
facilities. There are two racetracks, Brighton Racecourse on
Whitehawk Down which has been a site of organised public racing
since the late eighteenth century and Coral Greyhound Racing
Stadium in Hove. Brighton and Hove were two of the 53
permitted areas in Great Britain with four casinos under the 1968
Act. There are numerous bingo and betting premises. As
a seaside resort, there is a history of amusement arcades, known as
family entertainment centres, and adult gaming centres.
3. The Purpose of the Gambling Act 2005 – Statement of Licensing Policy
3.1.Licensing authorities are required
by the Gambling Act 2005 to publish a statement of the principles
which they propose when exercising their functions under the
Act. This document fulfils this requirement. Such
statement must be published at least every three years. The
statement can also be reviewed from “time to time” and
any amendments must be consulted upon. The statement must
then be re-published.
3.2.Consultation was undertaken with
the following:-
· the chief officer of police for the authority’s area; and HM Revenue & Customs;
· persons representing the interests of persons carrying on gambling businesses in the authority’s area – including existing casino operators, the British Casino Association, betting shops and the Association of British Bookmakers, bingo premises, operators of amusement facilities in the area, the Racecourse Association, Brighton Business Forum;
·
persons who represent
the interests of persons who are likely to be affected by the Act,
including faith groups, local residents and tenants associations,
voluntary and community organisations working with children and
young people, operators of small lotteries, organisations working
with people who are problem gamblers, medical practices, and
advocacy organisations such as Citizens Advice Bureau, The Money
Advice Trust and National Debtline, GamCare, Members and trade
unions, and others via the Council’s consultation
portal.
3.3.The consultation took place
between XXXXX and XXXXXX and followed the Council’s
Officer’s Code of Practice on Consultation. The
consultation elicited X responses which are available on
request. The policy was approved at a meeting of the Full
Council on XXth December 2021.
4.1.The Gambling Act 2005 brought
about changes to the way that gambling is administered in the
United Kingdom. The Gambling Commission is the national
gambling regulator and has a lead role in working with central
government and local authorities to regulate gambling
activity.
4.2.The Gambling Commission issues
operators’ licences and personal licences. Any operator
wishing to provide gambling at a certain premises must have applied
for the requisite personal licence and operator licence before they
can approach the Council for a premises licence. In this way
the Gambling Commission is able to screen applicants and
organisations to ensure they have the correct credentials to
operate gambling premises. The Council’s role is to
ensure premises are suitable for providing gambling in line with
the three licensing objectives and any codes of practice issued by
the Gambling Commission. The Council also issues various
permits and notices to regulate smaller scale and or ad hoc
gambling in various other locations such as pubs, clubs and
hotels.
4.3.The Council does not licence large
society lotteries or remote gambling through websites. These
areas fall to the Gambling Commission. The National Lottery
is not licensed by the Gambling Act 2005 and is regulated by the
Gambling Commission under the National Lottery Act 1993.
5.1.This statement of licensing policy
will not override the right of any person to make an application,
make representations about an application, or apply for a review of
a licence, as each will be considered on its own merits and
according to the statutory requirements of the Gambling Act
2005.
5.2.In producing this document, the
Council declares that it has had regard to the licensing objectives
of the Gambling Act 2005, the guidance issued by the Gambling
Commission, and any responses from those consulted on the policy
statement.
6.1.The Act empowers certain agencies
to act as responsible authorities so that they can employ their
particular area of expertise to help promote the licensing
objectives. Responsible authorities are able to make
representations about licence applications, or apply for a review
of an existing licence. Responsible authorities will also
offer advice and guidance to applicants.
6.2.The
Council is required by regulations to state the principles it will
apply to designate, in writing, a body which is competent to advise
the authority about the protection of children from harm. The
principles are:
· The need for the body to be responsible for an area covering the whole of the licensing authority’s area;
·
The need for the body
to be answerable to democratically elected persons, rather than any
particular vested interest group etc.
6.3.In accordance with the regulations, the Council designates the Brighton & Hove Safeguarding Children Partnership (BHSCP) for this purpose. The BHSCP utilises the Pan Sussex Child Protection and Safeguarding Procedures. Applicants may find these procedures useful as a point of reference, a guide for good practice and the mechanism by which to make a referral to children’s social work, when producing their own policies and procedures in relation to the objective of protection of children and vulnerable people.
6.4.The contact details of all the
responsible authorities under s157 of the Gambling Act 2005 are
available on the Council’s website within the Gambling Policy
at page 39.
7.1.Interested parties are certain
types of people or organisations that have the right to make
representations about licence applications, or apply for a review
of an existing licence. These parties are defined in the
Gambling Act 2005 as follows:
“For the purposes of this Part, a person is an interested
party in relation to an application for or in respect of a premises
licence if, in the opinion of the licensing authority which issues
the licence or to which the application is made, the person
–
a) lives sufficiently close to the
premises to be likely to be affected by the
authorised activities;
b) has business interests that might be affected by the authorised activities; or
c) represents persons who
satisfy paragraph (a) or (b).”
7.2
The Council is
required by regulations to state the principles it will apply to
determine whether a person is an interested party. The
principles are:
·
Each case will be
decided upon its merits. The Council will not apply a rigid
rule to its decision making. It will consider the examples of
considerations provided in the Gambling Commission’s guidance
to local authorities.
·
Within this framework,
the Council will accept representations made on behalf of residents
and tenants’ associations
·
In order to determine
if an interested party lives or has business interests sufficiently
close to the premises to be likely to be affected by the gambling
activities, the Council will consider factors such as the size of
the premises and the nature of the activities taking place.
8.1 Licensing
authorities are required to include in their policy statement, the
principles to be applied by the authority with regards to
the exchange of information between it and the Gambling Commission,
as well as other persons listed in Schedule 6 to the Act.
8.2
The principle that the
Council applies is that it will act in accordance with the
provisions of the Gambling Act 2005 in its exchange of information,
which includes the provision that the Data Protection Act 1998 will
not be contravened. The Council will also have regard to any
guidance issued by the Gambling Commission to local authorities on
this matter, as well as any relevant regulations issued by the
Secretary of State under the powers provided in the Gambling Act
2005.
8.3
Please
note: names and addresses of those
making representations will usually be disclosed to
applicants.
8.4
The gambling authority
shall secure the proper integration of this policy with local crime
prevention, planning, tourism and cultural strategies by:-
· liaising and consulting with the Sussex Police, HM Revenue & Customs and the Community Safety Strategy representatives, and following the guidance in community safety and crime and disorder strategy;
· liaising and consulting with the planning authority;
· liaising and consulting with tourism, stakeholder groups, business groups such as the business forums and the economic development functions for the Council;
·
having regard to any
future documents issued relating to the Private Security Industry
Act 2001, for example liaison or information sharing
protocols.
9
Licensing authority
functions
9.1
Licensing authorities are responsible under the Act for:
· licensing premises where gambling activities are to take place by issuing premises licences
· issuing provisional statements
· regulating members’ clubs institutes who wish to undertake certain gaming activities via issuing Club Gaming Permits and/or Club Machine Permits
· issuing Club Machine Permits to commercial clubs
· granting permits for the use of certain lower stake gaming machines at Unlicensed Family Entertainment Centres
· receiving notifications from alcohol licensed premises (under the Licensing Act 2003) of the use of two or less gaming machines
· granting Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises under the Licensing Act 2003, where more than two machines are required
· registering small society lotteries below prescribed thresholds
· issuing Prize Gaming Permits
· receiving and endorsing Temporary Use Notices
· receiving Occasional Use Notices (for tracks)
· providing information to the Gambling Commission regarding details of licences issued (see section above on “Exchange of information”)
· maintaining registers of the permits and licences that are issued under these functions.
9.2 Family Entertainment Centres –
Applicants for permits for family entertainment centres will be
required to submit enhanced DBS (Disclosure and Barring Service)
certificate and declaration from an applicant that he or she has
not been convicted of a relevant offence.
9.3 The functions of the Licensing Authority under the Act may be carried out by the Licensing Committee, but a Sub-Committee or by one or more officers acting under delegated authority. Delegated powers shall be in accordance with the table below.
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Matter to be dealt with |
Full Council |
Sub-Committee |
Officers |
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Three year licensing policy |
X |
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Policy not to permit casinos |
X |
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X |
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Fee setting (when appropriate) |
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X |
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Application for premises licence |
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If a representation made |
If no representation made |
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Application for a variation to a licence |
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If a representation made |
If no representation made |
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Application for a transfer of a licence |
|
If a representation made |
If no representation made |
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Application for provisional statement |
|
If a representation made |
If no representation made |
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Review of a premises licence |
|
X |
|
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Application for club gaming/club machine permits |
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If a representation made |
If no representation made |
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Cancellation of club gaming/club machine permits |
|
X |
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Applications for other permits |
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|
X |
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Cancellation of licensed premises gaming machine permits |
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X |
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Consideration of temporary use notice |
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X |
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Decision to give a counter notice to a temporary use notice |
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X |
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9.4 At the time of adopting this Policy, the Licensing Authority was responsible for the following number of premises licences and permits:
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Number of Gambling Authorisations – Current Figures (May 2021) |
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Betting Premises Licences |
25 |
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Bingo Premises Licences |
2 |
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Adult Gaming Centre Premises Licences |
6 |
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Family Entertainment Centre Premises Licences |
1 |
|
Family Entertainment Centre Permits |
5 |
|
Alcohol licensed premises providing two or less gaming machines |
185 |
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Alcohol licences premises providing three or more gaming machines |
22 |
|
Club Gaming Permits |
3 |
|
Club Machine Permits |
8 |
|
Casinos |
4 |
|
Betting Track |
2 |
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Part B Promotion of the licensing objectives under the Gambling Act 2005
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10 Preventing gambling from being a
source of crime or disorder, being associated with crime or
disorder or being used to support crime.
10.1
Applicants for
premises licences will have to hold an operating licence from the
Gambling Commission before the premises licence can be
issued. The licensing authority will not need to investigate
the suitability of an applicant since the Commission will have
already done so for both operating and personal licences.
10.2
If, during the course
of considering a premises licence application, or at any other
time, the licensing authority receives information that causes it
to question the suitability of the applicant to hold an operating
licence, these concerns should be brought to the attention of the
Commission without delay.
10.3
Licensing authorities
will need to consider the location of premises in the context of
this objective. If an application for a licence or permit is
received in relation to premises that are in an area noted for
particular problems, e.g. organised crime, the authority should
think about what controls might be appropriate to prevent those
premises becoming a source of crime. These might include
conditions being put on the licence. Section 169 of the Act
allows the authority to impose conditions to prevent
disorder.
10.4 Consideration may be given to imposition of conditions concerning:
· Security and door supervision – guarding premises against unauthorised access or occupation, or against outbreaks of disorder or against damage may only be undertaken by Security Industry Authority licensed personnel.
·
As set by
regulation.
10.5
There is no evidence
that the operation of betting offices has required door supervisors
for the protection of the public. The authority will make a
door supervision requirement only if there is clear evidence from
the history of trading at the premises, that the premises cannot be
adequately supervised from the counter and that door supervision is
both necessary and proportionate.
11
Ensuring that
gambling is conducted in a fair and open way
11.1
Generally, the
Commission would not expect licensing authorities to become
concerned with ensuring that gambling is conducted in a fair and
open way as this will be a matter dealt with under the operating
licence or personal licence.
11.2 In relation to the licensing of tracks, the licensing authority’s role will be different from other premises in that track operators will not necessarily have an operating licence. In those circumstances, the premises licence may need to contain conditions to ensure that the environment in which betting takes place is suitable. Off-course operators with on-course facilities may be required to hold a separate betting premises licence for this area, but this will not be a mandatory requirement and will be at the discretion of the racecourse and the betting operator.
12
Protecting children
and other vulnerable persons from being harmed or exploited by
gambling
12.1
The Act provides the
following definition for child and young adult in Section 45:
Meaning of “child” and “young person”
(1) In this Act “child” means and individual who is
less than 16 years old.
(2) In this Act
“young person” means an individual who is not a child
but who is less than 18 years old.
For the purpose of this section, protection of children will
encompass both child and young person as defined by the Act.
12.2
The Council will pay
particular attention to any codes of practice which the Gambling
Commission issues as regards this licensing objective in relation
to specific premises such as casinos.
12.3
Examples of the
specific steps the Council may take to address this area can be
found in the various sections covering specific premises types in
Part C of this document and also in Part D which covers permits and
notices.
12.4
In the case of
premises licences, the Council is aware of the extensive
requirements set out for operators in the Gambling
Commission’s Code of Practice. In this document, the
Gambling Commission clearly describe the policies and procedures
that operators should put in place regarding:
· Combating problem gambling
· Access to gambling by children and young persons
· Information on how to gamble responsibly and help for problem gamblers
· Customer interaction
· Self exclusion
·
Employment of children
and young persons
12.5
All applicants should
familiarise themselves with the operator licence conditions and
codes of practice relating to this objective, and determine if
these policies and procedures are appropriate in their
circumstances. The Council will communicate any concerns to
the Gambling Commission about any absence of this required
information.
12.6 Applicants may also like to make reference to the Sussex Safeguarding Adults Policy and Procedures which provides extensive guidance on identifying vulnerable people at risk of abuse or neglect and how to report a concern. This document can be accessed via https://sussexsafeguardingadults.procedures.org.uk/
12.7
The Act does not seek
to prohibit particular groups of adults from gambling in the same
way that it prohibits children. The Gambling Commission, in
its Guidance to Local Authorities, does not seek to offer a
definition for the term “vulnerable people” but will,
for regulatory purposes, assume that this group includes
people:
“who gamble more than they want to, people who gamble beyond
their means, elderly persons, and people who may not be able to
make informed or balanced decisions about gambling due to a mental
impairment, or because of the influence of alcohol or
drugs”.
Operators should make information publicly available via leaflets,
etc about organisations that can provide advice and support, both
in relation to gambling itself, to debt and mental wellbeing, e.g.
GamCare, Gamblers Anonymous, Gordon House Association, National
Debtline, local Citizens Advice Bureaux, Samaritans and independent
advice agencies.
12.8
Applicants should
consider the following proposed measures for protecting and
supporting vulnerable persons, for example:
· leaflets offering assistance to problem gamblers should be available on gambling premises in a location that is both prominent and discreet, such as toilets;
· training for staff members which focuses on building an employee’s ability to maintain a sense of awareness of how much (e.g. how long) customers are gambling, as part of measures to detect persons who may be vulnerable.
· trained personnel for the purpose of identifying and providing support to vulnerable persons
· self exclusion schemes
· operators should demonstrate their understanding of best practice issued by organisations that represent the interests of vulnerable people
· posters with GamCare Helpline and website in prominent locations
·
windows, entrances and
advertisements to be positioned or designed not to entice
passers-by.
12.9
It should be noted
that some of these measures form part of the mandatory conditions
placed on premises licences.
12.10
The Council may
consider any of the above or similar measures as licence conditions
should these not be adequately addressed by any mandatory
conditions, default conditions or proposed by the applicant.
12.11
With limited
exceptions, the intention of the Gambling Act is that children and
young persons should not be permitted to gamble and should be
prevented from entering those gambling premises that are adult-only
environments. Children must be protected from being
“harmed or exploited by gambling” which in practice
means preventing them from taking part in, or being in close
proximity to, gambling and for there to be restrictions on
advertising so that gambling products are not aimed at children or
advertised in such a way that makes them particularly attractive to
children.
12.12 Specific measures to prevent this may include:-
· Supervision of entrances
· Segregation of gambling from areas frequented by children
· Supervision of gaming machines in non-adult gambling specific premises
· Gaming machines in betting shops should not be visible from outside the premises
·
Enhanced DBS
(Disclosure and Barring Service) checks may be required for all
applicants in relation to Family Entertainment Centres and
declaration from an applicant that he or she has not been convicted
of a relevant offence.
These considerations will be
particularly relevant on tracks (where children will be permitted
in the betting areas on race-days).
12.13
Consideration must be
given, in relation to particular premises, whether any special
considerations apply in relation to the protection of vulnerable
persons. Any such considerations will need to be balanced
against the authority’s objective to aim to permit the use of
premises for gambling.
12.14
The licensing
authority recognises Brighton & Hove Children’s Services
as being competent to advise on matters relating to the protection
of children from harm. Applicants shall copy their applications to:
Head of Safeguarding, Brighton & Hove City Council,
Children’s Services, Moulsecoomb Hub North, Hodshrove Lane,
Brighton, BN2 4SE in its capacity as the responsible
authority.
12.15
Children are permitted
to enter family entertainment centres and may play category D
machines.
|
|
Promotion of the licensing objectives
13.1
The Council will issue
premises licences to allow those premises to be used for certain
types of gambling. For example premises licences will be
issued to amusement arcades, bingo halls, bookmakers and
casinos.
13.2
Premises licences are
subject to the permissions/restrictions set out in the Gambling Act
2005 and regulations, as well as specific mandatory and default
conditions which are detailed in regulations issued by the
Secretary of State. Licensing authorities are able to exclude
default conditions and also attach other conditions, where it is
believed to be necessary and proportionate.
13.3
Applicants should also
be aware that the Gambling Commission has issued Codes of Practice
for each interest area for which they must have regard. The
Council will also have regard to these Codes of Practice.
13.4
Premises is defined in
the Act as “any place”. Different premises
licences cannot apply in respect of a single premises at different
times. However, it is possible for a single building to be
subject to more than one premises licence, provided they are for
different parts of the building and the different parts of the
building can be reasonably regarded as being different
premises. Whether different parts of a building can properly
be regarded as being separate premises will always be a question of
fact in the circumstances.
13.5
The Council will take
care in considering applications for multiple licences for a
building and those relating to a discrete part of a building used
for other (non-gambling) purposes. In particular the Council
will assess entrances and exits from parts of a building covered by
one or more licences to satisfy itself that they are separate and
identifiable so that the separation of different premises is not
compromised and that people do not “drift” into a
gambling area.
13.6
The Council will pay
particular attention to applications where access to the licensed
premises is through other premises (which themselves may be
licensed or unlicensed). Issues that the Council will
consider before granting such applications include whether children
can gain access, compatibility of the two establishments; and the
ability to comply with the requirements of the Act. In
addition, an overriding consideration will be whether, taken as a
whole, the co-location of the licensed premises with other
facilities has the effect of creating an arrangement that otherwise
would, or could, be prohibited under the Act.
13.7
An applicant cannot
obtain a full premises licence until they have the right to occupy
the premises to which the application relates.
13.8
The Council is aware
that demand issues (eg. the likely demand or need for gambling
facilities in an area) cannot be considered with regard to the
location of premises but that considerations in terms of the
licensing objectives can. The Council will pay particular
attention to the protection of children and vulnerable persons from
being harmed or exploited by gambling, as well as issues of crime
and disorder.
13.9
With regard to these
objectives, it is the Council’s policy, upon receipt of any
relevant representations, to look at specific location issues,
including:
· the possible impact a gambling premises may have on any premises that provide services to children or young people, i.e. a school, or vulnerable adult centres in the area;
· the possible impact a gambling premises may have on residential areas where there may be a high concentration of families with children;
· the size of the premises and the nature of the activities taking place;
·
any levels of
organised crime in the area.
13.10
In order for location
to be considered, the Council will need to be satisfied that there
is sufficient evidence that the particular location of the premises
would be harmful to the licensing objectives.
13.11
From 6 April 2016, it
is a requirement of the Gambling Commission’s Licence
Conditions and Codes of Practice (LCCP), under Section 10, for
licensees to assess the local risks to the licensing objectives
posed by the provision of gambling facilities at their premises and
have policies, procedures and control measures to mitigate those
risks. In making risk assessments, licensees must take into
account relevant matters identified in this policy.
13.12
The LCCP goes on to
say licensees must review (and update as necessary) their local
risk assessments:
· to take account of significant changes in local circumstance, including those identified in this policy;
· when there are significant changes at a licensee’s premises that may affect their mitigation of local risks;
· when applying for a variation of a premises licence; and
·
in any case, undertake
a local risk assessment when applying for a new premises
licence.
13.13 Mental health is of particular concern locally. When compared with our benchmark partners Brighton and Hove has the highest percentage of patients with long term mental health problems, and also the highest percentage of patients with depression and anxiety.
13.14
The Council will
expect the local risk assessment to consider as a minimum:
· whether the premises is in an area of deprivation;
· whether the premises is in an area subject to high levels of crime and/or disorder; including known problems in the area such as problems arising from street drinkers, youths participating in anti-social behaviour, drug dealing activity, etc.
· the demographics of the area in relation to vulnerable groups;
· the location of services for children such as schools, playgrounds, toy shops, leisure centres and other areas where children will gather;
· significant presence of young children, both residents and visitors;
· high unemployment area;
· nearby homeless hostels;
· nearby gambling, alcohol, drug or mental health support facility;
· the area has a high number of rough sleepers/homeless people;
· the area has a specific ethnic population;
· pawn broker/pay day loan businesses in the vicinity;
· other gambling premises in the vicinity.
· Factors affecting the footfall.
·
The proximity of
churches, mosques, temples or any other place of
worship
Information around these groups is available in the Local Area
Profile (LAP) in section 13.20.
13.15
In any case, the local
risk assessment should show how vulnerable people, including people
with gambling dependencies, are protected.
13.16
Other matters that the
assessment may include:
· The training of staff in brief intervention when customers show signs of excessive gambling, the ability of staff to offer brief intervention and how the staffing of premises affects this.
· Details as to the location and coverage of working CCTV cameras, and how the system will be monitored.
· The layout of the premises so that staff have an unobstructed view of persons using the premises.
· The number of staff that will be available on the premises at any one time. If at any time that number is one, confirm the supervisory and monitoring arrangements when that person is absent from the licensed area or distracted from supervising the premises and observing those persons using the premises.
· Arrangements for monitoring and dealing with under age persons and vulnerable persons, which may include dedicated and trained personnel, leaflets, posters, self-exclusion schemes, window displays and advertisements not to entice passers-by, etc.
· The provision of signage and documents relating to games rules, gambling care providers and other relevant information be provided in both English and the other prominent first language for that locality.
·
Where the application
is for a betting premises licence, other than in respect of a
track, the location and extent of any part of the premises which
will be used to provide facilities for gambling in reliance on the
licence.
13.17
Such information may
be used to inform the decision the Council makes about whether to
grant the licence, to grant the licence with special conditions or
to refuse the application.
13.18 This policy does not preclude any application being made and each application will be decided on its merits, with the onus being upon the applicant to show how the concerns can be overcome.
13.19
Whilst there is no
statutory requirement for licensees to share their risk assessments
with responsible authorities or interested parties, the Gambling
Commission’s Licensing Conditions & Codes of Practice
document states that licensees should share their risk assessment
with licensing authorities on request as best practice (ordinary
code 10.1.2). We therefore consider it appropriate for operators to
hold premises risks assessments on premises. Doing so can also save
considerable time and expense, as well as increasing the confidence
of those agencies as to the operator’s awareness of their
obligations.
13.20 Each locality has its own character and challenges. In order to assist applicants, where there is an issue in a local area which impacts on how the applicant should complete their risk assessment, the Council has published a local area profile. This profile, compiled in conjunction with the Public Health Intelligence Team, can be obtained from http://www.brighton-hove.gov.uk/content/business-and-trade/licensing-and-gambling.
13.21
The local area profile
should be given careful consideration when making an
application. Applicants may be asked to attend a meeting with
licensing officers to discuss the profiles, appropriate measures to
mitigate risk in the area and how they might be relevant to their
application. The local area profile will be presented to any
subsequent licensing sub-committee when they determine an
application that has received representations.
13.22
The Council recognises
that it cannot insist on applicants using the local area profile
when completing their risk assessments. However, an applicant
who decides to disregard the profile may face additional
representations and the expense of a hearing as a result.
13.23
The Council is aware
that the Secretary of State has set mandatory conditions and
default conditions and the Gambling Commission has set Licence
Conditions and Codes of Practice which are necessary for the
general good conduct of gambling premises, therefore it is unlikely
that the Council will need to impose individual conditions imposing
a more restricted regime in relation to matters that have already
been dealt with.
13.24
Where there are
specific risks or problems associated with a particular locality,
or specific premises, or class of premises, the Council will attach
individual conditions to address this.
13.25
Any conditions
attached to a licence issued by the Council will be proportionate
and will be:
· relevant to the need to make the proposed building suitable as a gambling facility
· directly related to the premises and the type of licence applied for and/or related to the area where the premises is based
· fairly and reasonably related to the scale, type and location of premises
· consistent with the licensing objectives, and
·
reasonable in all
other respects.
13.26
Decisions about
individual conditions will be made on a case by case basis,
although there will be a number of control measures the Council
will consider using, such as supervision of entrances, supervision
of adult gaming machines, appropriate signage for adult only areas,
etc. There are specific comments made in this regard under
each of the licence types in this policy. The Council will
also expect the applicant to offer his/her own suggestions as to
the way in which the licensing objectives can be met
effectively.
13.27
Where certain measures
are not already addressed by the mandatory/default conditions or by
the applicant, the Council may consider licence conditions to cover
issues such as:
· proof of age schemes
· use of security to minimise risk of disturbances including CCTV, SIA licensed security presence at the venue.
· supervision of entrances
· supervision of machine areas
· a reduction in the number of betting machines (betting premises)
· the staffing of premises, including restricting single staffing operations (no lone working) due to concerns over timely age verification, safety of staff, supervision, ability to comply with company policies on problem gambling, and the ability to provide brief interventions.
· physical separation of areas
· location of entrance points
· notices/signage
· specific opening hours
· a requirement that children must be accompanied by an adult
· enhanced DBS checks of the applicant and/or staff
· support to persons with gambling addiction, including outline the amount and content of gambling harms support advertising that should be in the premises (including local treatment support).
· Provision of leaflets offering assistance to problem gamblers should be available on gambling premises in a location that is both prominent and discreet, such as toilets
· policies to address seasonal periods where children may more frequently attempt to gain access to premises and gamble such as pre and post school hours, and school holidays
· policies to address the problems associated with truant children who may attempt to gain access to premises and gamble
· any one or a combination of the measures as set out in this policy.
13.28
This list is not
mandatory or exhaustive and is merely indicative of examples of
certain measures which may satisfy the requirements of the
licensing authority and the responsible authorities, depending on
the nature and location of the premises and the gambling facilities
to be provided.
13.29
There are conditions
which the Council cannot attach to premises licences which
are:
· any condition on the premises licence which makes it impossible for the applicant to comply with an operating licence condition;
· conditions relating to gaming machine categories, numbers, or method of operation;
· conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated) and
·
conditions in relation
to stakes, fees, winnings or prizes.
13.30
The Council will
consider whether there is a need for door supervision in terms of
the licensing objectives of protection of children and vulnerable
persons from being harmed or exploited by gambling, and also in
terms of preventing premises becoming a source of crime. It
is noted, though, that the Gambling Act 2005 has amended the
Private Security Industry Act 2001, and that the door supervisors
at casinos or bingo premises are not required to be licensed by the
Security Industry Authority. Where door supervisors are
provided at these premises, the operator should ensure that any
persons employed in this capacity are fit and proper to carry out
such duties. Possible ways to achieve this could be to carry
out a DBS (Disclosure and Barring Service) check on potential staff
and for such personnel to have attended industry recognised
training.
14.1
Under the Act a
premises holding an adult gaming centre licence will be able to
make category B, C and D gaming machines available and no one under
18 will be permitted to enter such premises (see Appendix 2).
14.2
As no one under the
age of 18 is permitted to enter an Adult Gaming Centre, the
Licensing Authority will specifically have regard to the need to
protect children and vulnerable persons from harm or being
exploited by gambling, and will expect the applicant to consider
their own measures to meet the Licensing Objectives and comply with
all mandatory conditions and Gambling Commission Codes of
Practice. However, the appropriate measure may cover issues
such as:
· CCTV
· Minimum staffing levels
· Induction training for new staff and refresher training for existing staff
· Refusals register
· Proof of age schemes (e.g. Think 21)
· Third party test purchasing
· Location of entry to premises
·
Infra Red Beam
positioned across the entrance to the premises.
The list, however, is not mandatory, nor exhaustive and applicants are recommended to consider this Licensing Objective very carefully when applying for an Adult Gaming Centre Premises Licence.
Where the Adult Gaming Centre is situated in a complex, the Licensing Authority will pay particular attention to the location of entry so as to minimise opportunities for children gaining access. In particular, the Licensing Authority will not look favourably on situations where child orientated machines or facilities are sited close to the entrance to an Adult Gaming Centre.
15
Licensing family
entertainment centres (FECs)
15.1
Licensed family
entertainment centres are those premises which usually provide a
range of amusements such as computer games, penny pushers and may
have a separate section set aside for adult only gaming machines
with higher stakes and prizes.
15.2
Licensed family
entertainment centres will be able to make available unlimited
category C and D machines where there is clear segregation in place
so children do not access the areas where the category C machines
are located (see Appendix 1).
15.3
Where category C or
above machines are available in premises to which children are
admitted then the Council will ensure that:
· All such machines are located in an area of the premises separate from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance. For this purpose, a rope, floor markings or similar provision will not suffice and the Council may insist on a permanent barrier of at least 1 meter high.
· Only adults are admitted to the area where the machines (category C) are located
· Access to the area where the machines are located is supervised at all times
· The area where the machines are located is arranged so that it can be observed by staff; and
·
At the entrance to,
and inside any such area, there are prominently displayed notices
indicating that access to the area is prohibited to persons under
18.
15.4
The Council will
expect the applicant to show that there are policies and procedures
in place to protect children from harm. Harm in this context
is not limited to harm from gambling but includes wider child
protection considerations.
15.5
Children and young
persons may enter Licensed FECs but are not permitted to play
Category C machines. The Licensing Authority will expect the
applicant to ensure that there will be sufficient measures to
prevent under 18 year olds having access to the adult only gaming
machine areas. The Licensing Authority will expect applicants
to meet the Licensing Objectives and comply with all mandatory
conditions and Codes of Practice issued by the Gambling
Commission. However, appropriate measures may cover issues
such as:
· CCTV, specifically sited where the adult machines are likely to be situated
· Controlled supervision of entrance and machine areas
· Physical segregation of machines and areas
· Provision of information leaflets/helpline numbers of organisations such as GamCare
· Minimum staffing levels
· Induction training for new staff and refresher training for existing staff
· Refusals register
· Proof of age schemes (e.g. Think 21)
· Third party test purchasing
· Location of entry to premises
·
Infra Red Beam
positioned across the entrance to the premises.
This list is not mandatory, nor
exhaustive and is merely indicative of example measures.
With regard to vulnerable persons, the Licensing Authority will
consider measures such as the use of self barring schemes,
provision of information leaflets / helpline numbers for
organisations such as GamCare as appropriate.
15.6
Due to the nature of
these premises, which are attractive to children, applicants who
employ staff to supervise the premises should consult with the
Council’s Performance and Safeguarding team within
Children’s Services to determine if their staff need to be
DBS checked.
16.1
There are four current
casino licences in Brighton & Hove, Genting Casino in Preston
Street, Grosvenor Seafront Casino and Brighton E Casino in Grand
Junction Road and Rendezvous Casino in the Marina which were
licensed under the Gaming Act 1968, and which have been
subsequently converted into Gambling Act 2005 Converted Casino
Premises Licences. What was the Grosvenor, Fourth Avenue, Hove,
Casino licence was moved in 2012 by way of a variation application
to the basement of 9 Grand Junction Road and remained dormant until
a variation was granted in 2018 to relocate it within the same
building and it now operates alongside the Grosvenor Seafront
Casino and is known as the Brighton E Casino.
16.2
Statement regarding
casino resolution – The licensing authority has taken a
decision to pass a resolution not to issue new casino licences in
Brighton & Hove.
17.1
There is no official
definition for bingo in the Gambling Act 2005, however, from a
licensing point of view there is a category of premises licence
specifically for bingo premises which is used by traditional
commercial bingo halls for both cash and prize bingo. In
addition, this premises licence will authorise the provision of a
limited number of gaming machines in line with the provisions of
the Act (see Appendix 1).
17.2
The Council is aware
that it is important that if children are allowed to enter premises
licensed for bingo, they do not participate in gambling, other than
on category D machines. Where category C or above machines
are available in premises to which children are admitted, then the
Council will ensure that:
· All such machines are located in an area of the premises separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance. For this purpose, a rope, floor markings or similar provision will not suffice and the Council may insist on a permanent barrier of at least one meter high
· Only adults are admitted to the area where the machines are located
· Access to the area where the machines are located is supervised at all times
· The area where the machines are located is arranged so that it can be observed by staff
· At the entrance to, and inside any such area, there are prominently displayed notices indicating that access to the area is prohibited to persons under 18
·
Children will not be
admitted to bingo premises unless accompanied by an adult.
17.3
The Gambling
Commission has provided Guidance for Licensing Authorities and
Licence Conditions and Code of Practice which are applied to
Operators’ Licences. The Council will take this into
consideration when determining licence applications for bingo
premises.
17.4
Where certain measures
are not already addressed by the mandatory/default conditions, the
Gambling Commission Code of Practice or the applicant, the Council
may consider licence conditions to address such issues.
17.5
The Gambling
Commission has issued Codes of Practice relating to Bingo premises
and the Licensing Authority expects all applicants to comply with
these codes. The Licensing Authority will not look favourably
upon an application where an applicant seeks a Bingo Premises
Licence with the sole intention of placing Category B2 Gaming
Machines only in the premises with no provision for facilities for
bingo, as this is not considered to be in the spirit of the
Act. This is referred to in more detail in the Gaming
Machines section of this Policy Statement. Applicants and
premises licence holders are reminded of the Gambling
Commission’s operator licence conditions requiring that bingo
is provided as the primary activity in any premises that hold or
apply for bingo premises licence.
17.6
Where bingo is
permitted in alcohol-licensed premises, this must be low turnover
bingo only and applicants are expected to comply with any Codes of
Practice and advice issued by the Gambling Commission. High
turnover bingo will require a Bingo Operating Licence.
Definitions of low and high turnover bingo are available by
contacting the Licensing Team or by referring to the Gambling
Commission’s website.
18.1
The Licensing
Authority is responsible for issuing and monitoring Premises
Licences for all betting premises and children will not be
permitted entry to a premises with a Betting Premises
Licence. They may, however, be permitted entry to tracks and
special rules will apply. In addition, the Licensing
Authority recommends that an applicant for gaming machines in such
premises, considers carefully the location of betting machines to
ensure that they are not in sight of the entrance to the
premises.
18.2
While the Licensing
Authority has discretion as to the number, nature and circumstances
of use of betting machines, there is no evidence that such machines
give rise to regulatory concerns. The Licensing Authority
will consider limiting the number of machines only where there is
clear evidence that such machines have been, or are likely to be,
used in breach of the Licensing Objectives. Where there is
such evidence, the Licensing Authority may consider, when reviewing
the licence, the ability of staff to monitor the use of such
machines from the counter. When considering whether or not to
impose such a condition, the Licensing Authority will take into
account the following:
· The size of the premises
· The number of counter positions available for person to person transactions; and
·
The ability of staff
to monitor the use of the machines by children and young or
vulnerable persons.
18.3
The Licensing
Authority will expect applicants to meet the Licensing Objectives
and comply with all mandatory conditions and Codes of Practice
issued by the Gambling Commission. In determining
whether an application meets the aforementioned criteria, the
Licensing Authority may give consideration as to whether
appropriate measures are or will be in place to address the matters
listed below:
· Minimum staffing levels
· Induction training for new staff and refresher training for existing staff
· Refusals register
· Proof of age schemes (e.g. Think 21)
· Provision of CCTV
· Entry control system
· Supervision of entrances / machine areas
· Self-barring schemes
·
Provision of
information leaflets / helpline numbers for organisations such as
GamCare
18.4
This list is not
exhaustive and is merely indicative of example measures. The
Licensing Authority will expect applicants to offer their own
measures to meet the licensing objectives.
18.5
With regard to
vulnerable persons, the Licensing Authority will consider measures
such as the use of self-barring schemes, provision of information
leaflets /helpline numbers for organisations such as GamCare as
appropriate measures.
19.1
Tracks are sites
(including racecourses and dog tracks) where races or other
sporting events take place. The Licensing Authority recognise
that tracks are different from other premises in that there may be
more than one Premises Licence in effect, and that the track
operator may not be required to hold an Operator’s Licence as
there may be several premises licence holders at the track who will
need to hold their own operator licences. As children and
young persons will be permitted to enter track areas where
facilities for betting are provided (e.g. dog racing and/or horse
racing), the Licensing Authority will expect premises licence
applicants to demonstrate suitable measures to ensure that children
do not have access to adult only gaming facilities. The
Licensing Authority will expect applicants to consider their own
measures to meet the Licensing Objectives, however, appropriate
measures may cover issues such as:
· Proof of Age schemes
· CCTV
· Door supervisors
· Supervision of entrances/exits/machine areas
· Physical separation of areas
· Notices / signage
· Specific opening hours
· Location of entry and gaming machines
·
Provision of
information leaflets/helpline numbers for organisations such as
GamCare.
This list is not
mandatory, nor exhaustive, and is merely indicative of example
measures.
19.2
Where appropriate, in
order for the Licensing Authority to gain a proper understanding of
what it is being asked to licence, applicants will be required
to:
· Provide a detailed plan of the grounds, indicating where the betting is to take place and the location of the race track;
· In the case of dog tracks and horse racecourses, indicate the location of any fixed and mobile pool betting facilities operated by the Tote or track operator as well as any other proposed gambling facilities;
· Evidence measures taken to ensure the third Licensing Objective will be complied with;
· Indicate what arrangements are being proposed for the administration of the betting; the Gambling Commission and Licensing Authority recommend that betting takes place in areas reserved for, and identified as being for, that purpose;
· Define the areas of the track that will be used by on-course operators visiting the track on race days;
· Define any temporary structures erected on the track for providing facilities for betting;
·
Define the location of
any gaming machines (if any).
19.3
With regard to gaming
machines on tracks, the Licensing Authority will consider carefully
the location of any adult gaming machines at tracks to ensure that
these machines are in areas from which children are excluded,
though it is recognised that children and young persons are not
prohibited from playing Category D machines on a track.
19.4
Betting and Gaming
Machines on Tracks – The Licensing Authority recognises the
potential space for such machines may be considerable, bringing
with it significant problems in relation to the proliferation of
such machines. It is the responsibility of the track operator
to ensure compliance with the law in preventing children from using
these machines. It is for this reason the Licensing Authority
may consider restricting the number and location of machines,
however, each application will be considered on its own
merit.
19.5
Self contained betting
offices on Tracks – In general, the rules that apply to
betting premises away from tracks will apply to self contained
betting premises on tracks and the Licensing Authority will
consider future guidance from the Gambling Commission about how
such premises should be delineated, both to make it clear to the
public that they are entering a “betting office” and to
prevent the entry of children and young persons. Applicants
are recommended to consider the Gambling Commission’s view
that it would be preferable for all self-contained premises
operated by off course betting operators on track to be the
subjects of separate premises licences. This would ensure
that there was clarity between the respective responsibilities of
the track operator and the off course betting operator running a
self-contained unit on the premises.
19.6 On advice from the Gambling Commission, the Licensing Authority may attach a condition to track premises licences requiring the track operator to ensure that the rules are prominently displayed in or near the betting areas, or that other measures are taken to ensure that they are made available to the public. For example, the rules could be printed in the race card or made available in leaflet form from the track office. The Licensing Authority would welcome other suitable methods.
20.1
Travelling fairs have
traditionally been able to provide various types of low stake
gambling without the need for a licence or permit, provided that
certain conditions are met, and this provision continues in similar
fashion under the Act.
20.2
Travelling fairs have
the right to provide an unlimited number of Category D gaming
machines and/or equal chance prize gaming (without the need for a
permit) as long as the gambling amounts to no more than an
ancillary amusement at the fair (see Appendix 1).
20.3
The Council will
consider whether any fairs which take up the above entitlement fall
within the statutory definition of a travelling fair.
20.4
The Council is aware
that the 27 day statutory maximum for the land being used as a fair
is per calendar year, and that it applies to the piece of land on
which the fairs are held, regardless of whether it is the same or
different travelling fairs occupying the land. The Council
will work with its neighbouring authorities to ensure that land
which crosses the Council boundary is monitored so that the
statutory limits are not exceeded.
21.1
Where the Licensing
Authority is uncertain of whether or not a machine is a gaming
machine as defined under the Act, it will seek the advice of the
Gambling Commission.
21.2
Where the Licensing
Authority has concerns about the manufacture, supply or repair of a
gaming machine, it will bring this to the attention of the Gambling
Commission.
21.3
The Licensing
Authority will expect the holder of a Permit or Premises Licence to
comply with the Codes of Practice issued by the Commission on the
location of, and access to, Category D machines by children and
young persons and their separation from Category C and B machines
where those are also located on the same premises.
21.4
The Licensing
Authority seeks to discourage applications for Premises Licences
for the sole purpose of obtaining the ancillary provision of
additional gaming machines where the principal activity either does
not take place or is minimal. The Licensing Authority
believes that the Gambling Act 2005 intended to set restrictions on
the number of gaming machines for certain premises and considers
that the fact that the licence authorised the holder to provide
facilities for betting or bingo means that the operator must
provide those facilities to qualify for the ancillary entitlement
to gaming machines. Whilst this has not yet been legally
contested, the Licensing Authority fully supports this view.
The Licensing Authority is aware that the Gambling Commission has
amended its operator licence conditions to address the issue of the
primary gambling activity.
21.5 Brighton & Hove have a long history of providing family type gaming machines, such as penny falls and cranes. Such machines are primarily aimed at children and family type gaming. We recognise that, on the whole, such machines provide a low risk in relation to the licensing objectives. However, as with all gaming machines, such machines must be operated in a fair and open manner and in line with the protection of children from harm licensing objective.
21.6 Facilities for gambling must only be offered in a manner which provides for appropriate supervision of those facilities by staff at all times. The Licensing Authority has concerns that the use of gaming machines in privacy booths may prevent adequate supervision and protection of vulnerable persons and problem gamblers. The Licensing Authority seeks to discourage the use of privacy screens.
21.7
Any non-monetary
prizes within such machines must comply with the maximum prize
limits laid down in the regulations prescribing gaming machine
categories and entitlements. If items such as toy mobile
phones (or other similar novelty items) are offered as prizes, then
this Authority will expect to see clear signage (displayed on or
near the machine in question) indicating that such items are toys /
novelty items.
21.8
This Authority will
bring to the attention of specific machine operators any examples
of prizes which it feels are inappropriate or require clarification
to prospective machine users. In addition, where it is able
to do so, this Authority will undertake appropriate compliance
action when it feels that prizes within penny falls, cranes and
other similar machines are outside the scope of the open and fair
and protection of children licensing objectives.
|
Part D Permits, notices and lottery registrations
|
Permits /Temporary &
Occasional Use Notice
Note for information: The Gambling Act 2005 introduced a range of permits for gambling. Permits are required when premises provide a gambling facility but either the stakes and prizes are very low or gambling is not the main function of the premises. The permits regulate gambling and the use of gaming machines in a specific premises. The Licensing Authority may only grant or reject an application for a permit and cannot impose or attach any conditions. There are different considerations to be taken into account when considering the different types of permit applications. Where a Permit is granted, the Licensing Authority will issue the Permit as soon as is reasonably practicable.
22 Unlicensed Family Entertainment
Centre (uFEC) Gaming Machine Permits
22.1
The term
“unlicensed family entertainment centre” is one defined
in the Act and refers to a premises which provides category D
gaming machines along with various other amusements such as
computer games and penny pushers. The premises is
“unlicensed” in that it does not require a premises
licence but does require a permit to be able to provide category D
machines. It should not be confused with a “licensed
family entertainment centre” which requires a premises
licence because it contains both category C and D gaming
machines.
22.2
The Licensing
Authority must be satisfied that the premises will be used as an
unlicensed Family Entertainment Centre and Sussex Police must be
consulted on all applications.
22.3
When determining a
permit, the Licensing Authority will have regard to the Gambling
Commission’s Guidance to Licensing Authorities and although
not required to, will have regard to the three Licensing
Objectives.
22.4 As these premises particularly appeal to children and young persons, the Licensing Authority will give weight to child protection issues. An application for a permit may be granted only if the Licensing Authority is satisfied that the premises will be used as an unlicensed FEC, and the Licensing Authority will expect applicants to demonstrate:
· A full understanding of the maximum stakes and prizes of the gambling, which is permissible in unlicensed FECs;
· That staff are trained to have a full understanding of the maximum stakes and prizes;
· The applicant’s previous history and experience of running similar premises;
·
Applicants must
produce a DBS check dated within one calendar month of the date of
the application being submitted to the Licensing Authority.
The Disclosure will reveal the existence and content of any
criminal record (not spent under the terms of the Rehabilitation of
Offenders Act) held in the name of the applicant.
22.5
Where an applicant
provides evidence that he has an Operating Licence and has as a
result undergone rigorous checks by the Gambling Commission, then a
DBS check will not normally be required.
22.6
When considering any
convictions revealed in an application, the Licensing Authority
will consider the nature and relevance of the offence, how long ago
the offence took place and any other factors that may be
relevant. The application will be subject to the terms of the
Rehabilitation of Offenders Act and “spent” convictions
may not be referred to when considering the permit
application. The application process will make specific
reference to the Relevant Offences listed in Schedule 8 to the
Gambling Act 2005.
22.7 Statement of Principles for Unlicensed Family Entertainment Centres – As these premises are open to children and young persons, the Licensing Authority will require additional information when an applicant applies for this Permit, as follows:
· A scaled plan of the premises indicating the location of Category D machines, Automated Teller Machines and any appropriate notices that are to be displayed;
· The approximate number of Category D machines that will be provided;
· Evidence that staff are trained to have a full understanding of the maximum stakes and prizes that are permissible;
· A basic DBS check dated within one calendar month of the date of the application being submitted to the Licensing Authority (unless the applicant holds a current Operators’ Licence issued by the Gambling Commission);
· Evidence of staff training by way of a Premises Log Book which should be signed and dated by staff to prove that training has been undertaken and understood;
· Training for staff as regards dealing with suspected truant school children on the premises;
· Policies and procedures in place to protect children from harm. Harm in this case is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures such as training, covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on or around the premises;
· The amount of space around gaming machines to prevent jostling of players or intimidation;
· Details of opening hours;
·
Approximate numbers of
staff employed.
22.8
Where an applicant
fails to comply with the above requirements, the Licensing
Authority may refuse the application. Where there is a reason
for such a refusal, the Licensing Authority will notify the
applicant of its intention to refuse and the reasons for the
refusal. The applicant will then have an opportunity to make
representations orally, in writing, or both, and will have a right
of appeal against any decision made.
22.9
With regard to renewal
applications, the Licensing Authority may refuse an application for
renewal of a permit only on the grounds that an authorised local
authority officer has been refused access to the premises without
reasonable excuse, or that renewal would not be reasonably
consistent with the pursuit of the Licensing Objectives.
22.10
Where the Permit has
been granted, the Licensing Authority will issue the permit as soon
as is reasonably practicable, and in any event in line with the
Regulations issued by the Secretary of State. The permit will
then remain in effect for 10 years unless surrendered or
lapsed.
22.11
The Licensing
Authority recommends that applicants for unlicensed FEC Permits
consider adopting BACTA’s voluntary Code of Practice for
Amusement with Prizes Machines in Family Entertainment
Centres. This Code of Practice promotes awareness of social
responsibility and acknowledges that proactive, specific and
appropriate commitment will be given to educating children and
young persons, thereby minimising the potential for harm.
23
Gaming Machine
Permits in Premises Licensed for the Sale of Alcohol
23.1
With regard to gaming
machines on premises that sell alcohol, the applicant is entitled
to up to 2 gaming machines of Category C or D machines, subject to
the applicant notifying the Licensing Authority, paying the
prescribed fee and complying with any relevant Codes of Practice
issued by the Gambling Commission.
23.2 The Licensing Authority may remove the automatic authorisation if:
· Provision of the machines is not reasonably consistent with the pursuit of the Licensing Objectives;
· Provision of the machines is not compliant with the mandatory conditions relating to location and operation of machines;
· Gaming has taken place on the premises that breaches a condition of Section 282 of the Gambling Act;
· An offence under the Gambling Act has been committed on the premises; or
·
The premises are
mainly used for gaming.
23.3 The Licensing Authority will expect the applicant to comply with any Codes of Practice issued by the Gambling Commission and consider such measures to ensure that the under 18s do not have access to the adult only gaming machines. The Licensing Authority recommends considering such measures as:
· The adult machines being sited close to the bar;
· The adult machines being sited where staff can monitor them;
· Appropriate notices and signage;
·
Provision of
information leaflets/helpline numbers for organisations such as
GamCare.
23.4
If a premises wishes
to have more than 2 machines, then it needs to apply for a permit
and the Licensing Authority must consider that application based
upon the licensing objectives, any guidance issued by the Gambling
Commission issued under Section 25 of the Gambling Act 2005, and
“such matters as they think relevant”. This
Licensing Authority considers that “such matters” will
be decided on a case by case basis, but generally there will be
regard to the need to protect children and vulnerable persons from
harm or being exploited by gambling, and will expect the applicant
to satisfy the Authority that there will be sufficient measures to
ensure that under 18 year olds do not have access to the adult only
gaming machines. Measures which will satisfy the Authority
that there will be no access may include the adult machines being
in sight of the bar, or in the sight of staff who will monitor that
the machines are not being used by those under 18. Notices
and signage may also help. As regards the protection of
vulnerable persons, applicants may wish to consider the provision
of information leaflets/helpline numbers for organisations such as
GamCare.
It should be noted
that the Licensing Authority can decide to grant the application
with a smaller number of machines and/or a different category of
machines than that applied for. Conditions (other than these)
cannot be attached.
23.5
There is no statutory
limit on the number of machines which may be applied for.
However, it is the Licensing Authority’s policy that a
licensing hearing must consider any application for three or more
machines where Officers are of the opinion that the premises is not
suitable for the number of machines applied for. It is
important to note that the hearing is unlikely to grant a permit
for more than six machines and even then six machines will normally
only be granted to exceptionally large premises.
23.6
It should also be
noted that the holder of a permit must comply with any Code of
Practice issued by the Gambling Commission about the location and
operation of machines.
23.7
It is recognised that
some alcohol-licensed premises may apply for a premises licence or
an uFEC permit for their non-alcohol licensed areas. For the
room in question to obtain a permit, its predominant use must be
that of an amusement arcade. There must also be some form of
acceptable delineation, which indicates that the alcohol area and
family entertainment centre are two separate premises.
23.8
Gaming in
alcohol-licensed premises – The Licensing Authority
recognises that low level gaming may take place in alcohol-licensed
premises. Exempt gaming being equal chance gaming that should
be ancillary to the purposes of the premises. This gaming,
however, is subject to statutory stakes and prize limits determined
by the Secretary of State. A nominated gaming supervisor
should therefore supervise gaming in alcohol-licensed premises,
(i.e. the Designated Premises Supervisor (DPS)) and all gaming
should comply with Codes of Practice issued by the Gambling
Commission. As there is likely to be limited regulatory
scrutiny of gaming provided in these premises, the Licensing
Authority expects the applicant to be aware of, and adopt, these
Codes of Practice and to ensure that all gaming in such premises is
suitably managed.
24.1
Prize Gaming Permits
must be obtained where a Casino or Bingo Operating Licence is not
in effect. However, a casino is not entitled to provide bingo
without a Prize Gaming Permit. As children and young persons
may participate in equal chance prize gaming, and given that the
premises will particularly appeal to children and young persons,
the Licensing Authority has prepared a Statement of Principles that
it proposes to apply in exercising its functions which specifies
matters that the Licensing Authority propose to consider in
determining the suitability of an applicant for a Prize Gaming
Permit.
24.2
The Licensing
Authority will require detailed information when an applicant
applies for this Permit, as follows:
· A scaled plan of the premises indicating the location of the machines, other prize gaming facilities, etc., and any appropriate notices that are to be displayed;
· Evidence that applicants have a full understanding of the maximum stakes and prizes that are permissible;
· Evidence that staff are trained to have a full understanding of the maximum stakes and prizes that are permissible;
· A basic DBS check dated within one calendar month of the date of the application being submitted to the Licensing Authority (unless the applicant holds a current Operator’s Licence issued by the Gambling Commission);
· Evidence of staff training by way of a Premises Log Book which should be signed and dated by staff to prove that training has been undertaken and understood;
· Policies and procedures in place to protect children from harm. Harm in this case is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures such as training, covering how staff would deal with unsupervised very young children being on the premises or children causing perceived problems on or around the premises;
· The amount of space around gaming machines to prevent jostling of players or intimidation;
· Details of opening hours;
·
Approximate numbers of
staff employed.
24.3
Where an applicant
provides evidence that he has an Operating Licence and has as a
result undergone rigorous checks by the Gambling Commission, then a
DBS check will not normally be required.
24.4
When considering any
convictions revealed in an application, the Licensing Authority
will consider the nature and relevance of the offence, how long ago
the offence took place, and any other factors which may be
relevant. The application will be subject to the terms of the
Rehabilitation of Offenders Act and “spent” convictions
may not be referred to when considering the permit
application. The application process will make specific
reference to the Relevant Offences listed in Schedule 8 to the
Gambling Act 2005.
24.5
In making its decision
on a application for this permit, the Licensing Authority does not
need to have regard to the Licensing Objectives and will take into
account, after consultation, any objections that the Police may
wish to make, whether relevant to the Licensing Objectives.
The grounds for decision-making as regards renewals are the same as
for initial applications.
24.6
Where the Licensing
Authority intends to refuse the application for a permit, it will
notify the applicant of its intention to refuse it, stating the
reasons and offering the applicant an opportunity to make
representations orally, in writing, or both.
24.7
Where an application
is granted, the Licensing Authority will issue it as soon as is
reasonably practicable.
24.8
The Council will
expect the applicant to show that there are policies and procedures
in place to protect children from harm. Harm in this context
is not limited to harm from gambling, but includes wider child
protection considerations.
25
Club Gaming and
Club Machine Permits
25.1
Members’ clubs
and miners’ welfare institutes may apply for a “club
gaming permit” or a “club machine permit”.
The “club gaming permit” will enable the premises to
provide gaming machines (three machines of categories B4, C or D),
equal chance gaming, i.e. poker, bingo, etc. A “club
machine permit” will enable the premises to provide gaming
machines (three machines of categories B4, C or D).
Commercial clubs may apply for a “club machine permit”
only.
25.2
To qualify for these
special club permits, a members club must have at least 25 members
and be established and conducted “wholly or mainly” for
purposes other than gaming. A members’ club must be
permanent in nature, not established to make commercial profit, and
controlled by its members equally. Examples include working
men’s clubs, branches of the Royal British Legion and clubs
with political affiliations.
25.3 Clubs must have regard to the protection of children and vulnerable persons from harm or being exploited by gambling. They must provide sufficient measures to ensure that any under 18 year olds do not use the adult only gaming machines. These measures may include:
· The machines being in close proximity to the bar, or in any other area where they are capable of being adequately supervised;
· Notices and signage;
·
The provision of
information leaflets/helpline numbers for organisations such as
GamCare.
25.4
Before granting the
permit, the Council will need to satisfy itself that the premises
meets the requirements of a members’ club, and that the
majority of members are over 18.
25.5 The Council may only refuse an application on the grounds that:
· The applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which they have applied;
· The applicant’s premises are used wholly or mainly by children and/or young persons;
· An offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities;
· A permit held by the applicant has been cancelled in the previous ten years;
·
An objection has been
lodged by the Commission or the police.
25.6 There is also a “fast-track” procedure available for premises which hold a club premises certificate under the Licensing Act 2003. Under the fast-track procedure, there is no opportunity for objections to be made by the Commission or the police, and the grounds upon which the Council can refuse a permit is reduced. The grounds on which an application under the process may be refused are:
· That the club is established primarily for gaming;
· That in addition to the prescribed gaming, the applicant provides facilities for other gaming; or
·
That a club gaming
permit or club machine permit issued to the applicant in the last
ten years has been cancelled.
26.1
Temporary use notices
allow the use of premises on not more than 21 days in any 12 months
period for gambling where there is no premises licence, but where a
gambling operator wishes to use the premises temporarily for
providing facilities for gambling. Premises that might be
useful for a temporary use notice would include hotels, conference
centres and sporting venues.
26.2
Temporary Use Notices
allow the use of premises for any form of equal chance gambling
where those participating in the gaming are taking part in a
competition which is intended to produce a single, overall
winner.
26.3
Only persons or
companies holding a relevant operating licence can apply for a
temporary use notice to authorise the particular class of gambling
permitted by their operating licence.
26.4
A temporary use notice
must be lodged with the licensing authority not less than three
months and one day before the day on which the gambling is due to
take place. Detailed information about how to serve a
temporary use notice will be available in a separate guidance
note.
26.5
The Act makes a
special reference, in the context of temporary use notices, to a
“set of premises” to try and ensure that large premises
which cannot reasonably be viewed as separate are not used for more
temporary use notices than permitted under the Act. The
Council considers that the determination of what constitutes
“a set of premises” will be a question of fact in the
particular circumstances of each notice that is given. In
considering whether a place falls within the definition of a
“set of premises”, the Council will look at, amongst
other things, the ownership/ occupation and control of the
premises. The Council will be ready to object to notices
where it appears that their effect would be to permit regular
gambling in a place that could be described as one set of
premises.
27
Occasional Use
Notices (for tracks)
27.1
There is a special
provision in the Act which provides that where there is betting on
a track on eight days or less in a calendar year, betting may be
permitted by an occasional use notice without the need for a full
premises licence. Track operators and occupiers need to be
aware that the procedure for applying for an occasional use notice
is different to that for a temporary use notice. The
application may be made in writing to the Council by the person
responsible for the administration of the events on a track, or by
an occupier of the track.
27.2
The Council has very
little discretion as regards these notices aside from ensuring that
the statutory limit of 8 days in a calendar year is not
exceeded. The Council will, however, consider the definition
of a “track” and whether the applicant is entitled to
benefit from such notice.
28
Small Society
Lottery Registrations
28.1
A lottery generally
refers to schemes under which prizes are distributed by chance
among entrants who have given some form of value for their chance
to take part.
28.2
The Act creates two
principal classes of lotteries: Licensed lotteries and exempt
lotteries. Licensing lotteries are large society lotteries
and lotteries run for the benefit of local authorities. These
will be regulated by the Gambling Commission. Within the
class of exempt lotteries, there are four sub-classes, one of which
is small society lotteries.
28.3
A small society
lottery is a lottery promoted on behalf of a non-commercial society
as defined in the Act which also meets specific financial
requirements set out in the Act. These will be administered
by the Council for small societies who have a principal office in
Brighton & Hove and want to run such lottery.
28.4
A lottery is small if
the total value of tickets put on sale in a single lottery is
£20,000 or less and the aggregate value of the tickets put on
sale in a calendar year is £250,000 or less.
28.5 To be “non-commercial” a society must be established and conducted:
· For charitable purposes;
· For the purpose of enabling participation in, or supporting, sport, athletics or a cultural activity; or
·
For any other
non-commercial purpose other than that of private gain.
28.6
The other types of
exempt lotteries are “incidental non-commercial
lotteries”, “private lotteries” and
“customer lotteries”. If you require guidance on
the different categories of lotteries, please contact the
Council’s Licensing Team.
28.7
The National Lottery
is not licensed by the Gambling Act 2005, and continues to be
regulated by the National Lottery Commission under the National
Lottery Act 1993.
28.8
Small Society
Lotteries
The Licensing Authority registers and deals with small society
lotteries. Promoting or facilitating a lottery falls within
one of the following categories:
· Licensed Lotteries (requiring an Operating Licence from the Gambling Commission);
· Small Society Lotteries (registered with the Licensing Authority); and
·
Exempt
Lotteries.
28.9 Lotteries permitted to be conducted without a licence from the Gambling Commission and these are:
· Small Society Lotteries (registered with the Licensing Authority);
· Incidental Non-Commercial Lotteries;
· Private Lotteries: (Private Society Lottery, Work Lottery, Residents’ Lottery);
·
Customer
Lotteries.
28.10
Societies may organise
lotteries if they are licensed by the Gambling Commission,
registered with the Licensing Authority or fall within the exempt
category. The Licensing Authority recommends those seeking to
run lotteries take their own legal advice on which type of lottery
category they fall within. However, guidance notes with
regard to all lotteries, limits placed on small society lotteries
and information setting out financial limits are available by
contacting the Licensing Team.
28.11
Applicants for lottery
licences must apply to the Licensing Authority in the area where
the principal office is located. Where the Licensing
Authority believes that the Society’s principal office is
situated in another area, it will inform the Society as soon as
possible, and where possible, will inform the other Licensing
Authority.
28.12
The Licensing
Authority will keep a Public Register of all applications and will
provide information to the Gambling Commission on all lotteries
registered by the Licensing Authority. As soon as the entry
on the Register is completed, the Licensing Authority will notify
the applicant of registration.
28.13
The Licensing
Authority will ask applicants to set out the purposes for which the
Society is established and will ask the Society to declare that
they represent a bona fide non-commercial society and have no
relevant convictions. The Licensing Authority may, however,
seek further information from the Society and in particular may
require a copy of the society’s constitution.
28.14
Where the Licensing
Authority intends to refuse registration of a Society, it will give
the Society an opportunity to make representations and will inform
the Society of the reasons why it is minded to refuse registration,
and supply evidence on which it has reached that preliminary
conclusion.
28.15
The Licensing
Authority may revoke the registered status of a society if it
thinks that they would have had to, or would be entitled, to refuse
an application for registration if it were being made at that
time. However, no revocations will take place unless the
Society has been given the opportunity to make
representations. The Licensing Authority will inform the
society of the reasons why it is minded to revoke the registration
and will provide an outline of the evidence on which it has reached
that preliminary conclusion.
28.16 With regards to where small society lottery tickets may be sold, the Licensing Authority applies the following guidance criteria to all small society lotteries it registers:
· Tickets should not be sold in a street – street includes any bridge, road, land, footway, subway, square, court or passage (including passages through enclosed premises such as shopping malls); and
·
Tickets may be sold
from a kiosk, in a shop or door-to-door.
This approach is consistent with the operating licence conditions imposed by the Gambling Commission upon operators of large lotteries.
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29.1
The Council will work
closely with the responsible authorities in accordance with a
locally established joint enforcement protocol and will aim to
promote the licensing objectives by targeting known high risk
premises following government guidance around better
regulation.
29.2
In carrying out its
enforcement duties with regards to the inspection of premises; and
the powers to institute criminal proceedings in respect of certain
offences under the Act, the Council will endeavour to be:
Proportionate:
regulators should only
intervene when necessary:
remedies should be appropriate to the risk posed, and
costs identified and minimised;
Accountable:
regulators must be able to justify decisions, and be subject
public scrutiny;
Consistent:
Rules and standards must be joined up and implemented
fairly;
Transparent: Regulators should be open, and keep regulators simple and user friendly; and
Targeted:
Regulation should be focused on the problem,
and minimise side effects.
29.3
The Council will
endeavour to avoid duplication with other regulatory regimes so far
as possible.
29.4
Where there is a
Primary Authority scheme in place, the Council will seek guidance
from the Primary Authority before taking any enforcement
action. At the time of the publication of this policy, there
were four Primary Authority arrangements with host local
authorities:
Coral/Ladbrokes
Milton Keynes
Welcome Break Milton Keynes
BACTA Reading
MOTO Reading
Paddy Power Reading
William Hill Reading
Rank Group City of Westminster
Sky Betting & Gaming Wakefield
29.5
Further information,
including an index of all Primary Authority arrangements, can be
found at Primary Authority
Register (beis.gov.uk)
29.6
The Council will also
adopt a risk-based inspection programme in line with government
recommendations around better regulation and the principles of the
Hampton Review.
29.7
The main enforcement
and compliance role for the Council in terms of the Gambling Act
2005, will be to ensure compliance with the premises licences and
other permissions which it authorises. The Gambling
Commission will be the enforcement body for the operator and
personal licences. Concerns about the manufacture, supply or
repair of gaming machines will not be dealt with by the Council,
but will be notified to the Gambling Commission. In
circumstances where the Council believes a premises requires a
premises licence for gambling activities and no such licence is in
force, the Council will alert the Gambling Commission.
29.8
The Council will also
keep itself informed of developments as regards the work of the
Better Regulation Executive in its consideration of the regulatory
functions of local authorities.
29.9
The Council’s
enforcement/compliance protocols/written agreements will be
available upon request.
30.1
A review is a process
defined in the legislation which ultimately leads to a licence
being reassessed by the Licensing Committee with the possibility
that the licence may be revoked, suspended or that conditions may
be amended or new conditions added.
30.2 Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, it is for the Council to decide whether the review is to be carried out. This will be on the basis of whether the request for the review is:
· In accordance with any relevant code of practice issued by the Gambling Commission;
· In accordance with any relevant guidance issued by the Gambling Commission;
· Reasonably consistent with the licensing objectives; and
·
In accordance with
this authority’s Gambling Act 2005 – Statement of
Licensing Policy.
In addition, the Council may also
reject the application on the grounds that the request is
frivolous, vexatious, will certainly not cause this authority to
wish to alter, revoke or suspend the licence, or is substantially
the same as previous representations or requests for review.
30.3
The Council can also
initiate a review of a licence on the basis of any reason which it
thinks is appropriate.
31.1
This Authority will
undertake covert test purchasing exercises in order to check
compliance with the requirement that under-18s do not access
“adult only” gambling facilities. This exercise
is in response to concerns about underage gambling vulnerabilities
in particular sub-sectors of the gambling industry. Under the
terms of the Gambling Commission’s Licence Conditions and
Codes of Practice, operators must monitor the effectiveness of
their policies and procedures for preventing underage access to
gambling premises and products. At the time of the drafting
of this policy, certain sub-sectors of the gambling industry had
not provided the Gambling Commission with any assurances that this
was happening. Those sub-sectors are, broadly, the small and
medium-sized Betting Premises, Adult Gaming Centres and Family
Entertainment Centres.
31.2
Both this Authority
and the Gambling Commission have particular concerns with regards
to access to adult only gaming machines, which may be accessible
without any interaction between the player and a member of
staff. With this in mind, this Authority will continue with
its policy of targeted test purchasing exercises.
31.3
Those premises that
fail a test purchase will be asked to address the weaknesses in
their underage gambling procedures shown by this test and submit
improvement plans, and in appropriate cases, enforcement action
will be taken. There are a number of steps which this
Authority would recommend to operators in order to prevent underage
access and monitor the effectiveness of their policies,
including:
· Re-positioning of machines and change of layout
· Infra red security beam to alert staff to presence of customers in age-restricted areas and maglocks to restrict access
· Maintenance of a Refusal Register
· Independent test purchasing
· Upgrade CCTV
· Induction and refresher training for staff
· Challenge 25
· Signage and Prominent GamCare Documentation
· Minimum levels of supervision.
Contact Details, Advice and Guidance
Further details for applicants about the gambling and application process, including application forms, can be found:
· By contacting the Licensing Team at: Bartholomew House, Bartholomew Square, Brighton, BN1 1JP. Tel. 01273 294429, E-mail ehl.safety@brighton-hove.gov.uk, or via Customer Services Contact Centre.
· Licensing and gambling (brighton-hove.gov.uk)scroll down to ‘Gambling Licences’ Section.
· Gambling Commission, Victoria Square House, Victoria Square, Birmingham, B2 4BP
·
Police Licensing Unit,
Police Station, John Street, Brighton, BN2 2LA.
Tel: 101
· Fire Authority, East Sussex Fire and Rescue Service, Brighton & Hove Fire Safety Office, Hove Fire Station, English Close, Hove, BN3 7EE. Tel: 01323 462130
· Planning, Development Control, Hove Town Hall, Norton Road, Hove, BN3 1PT. Tel: 01273 290000
· Environmental Health, Environmental Protection Team, Bartholomew House, Bartholomew Square, Brighton, BN1 1JP. Tel: 01273 290000
· Child protection – Head of Safeguarding, Brighton & Hove City Council, Children’s Services, Moulsecoomb Hub North, Hodshrove Lane, Brighton, BN2 4SE.
· HM Revenue and Customs, Excise Processing Teams, BX9 1GL, United Kingdom. Contact telephone number is now 0300 322 7072 Option 7. Email address: NRUBetting&Gaming@hmrc.gov.uk
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Term |
Description |
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ATM |
Auto teller machine or cash machine |
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Betting |
Betting is defined as making or accepting a bet on the outcome of a race, competition or other event or process or on the outcome of anything occurring or not occurring or on whether anything is or is not true. It is irrelevant if the event has already happened or not, and likewise whether one person knows the outcome or not. (Spread betting is not included within this definition). |
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Betting Machines / Bet Receipt Terminal |
Betting machines can be described as automated betting terminals where people can place bets on sporting events removing the need to queue up and place a bet over the counter. |
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Bingo |
There are essentially two types of bingo: cash bingo, where the stakes paid make up the cash prizes that can be won and prize bingo, where various forms of prizes can be won, not directly related to the stakes paid. |
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Book |
Running a “book” is the act of quoting odds and accepting bets on an event. Hence the term “Bookmaker”. |
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Casino games |
A game of chance, which is not equal chance gaming. Casino games includes Roulette and black jack, etc. |
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Chip |
Casinos in the UK require you use chips to denote money. They are usually purchased and exchanged at a cashier’s booth. |
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Coin pusher or penny falls machine |
A machine of the kind which is neither a money prize machine nor a non-money prize machine. |
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Crane grab machine |
A non-money prize machine in respect of which every prize which can be won consists of an individual physical object (such as a stuffed toy) won by a person’s success in manipulating a device forming part of the machine so as to separate, and keep separate, one or more physical objects from a group of such objects. |
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Default condition |
These are prescribed in regulations and will be attached to all classes of premises licence, unless excluded by the Council. |
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Equal Chance Gaming |
Gaming which does not involve playing or staking against a bank. |
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Fixed odds betting |
If a gambler is able to establish what the return on a bet will be when it is placed, (and the activity is not ”gaming” see below), then it is likely to be betting at fixed odds. |
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Fixed Odds betting terminals (FOBTs) |
FOBTs are a type of gaming machine which generally appear in licensed bookmakers. FOBTs have “touch screen” displays and look similar to quiz machines familiar in pubs and clubs. They normally offer a number of games, roulette being the most popular. |
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Gaming |
Gaming can be defined as “the playing of a game of chance for winnings in money or monies worth, whether any person playing the game is at risk of losing any money or monies worth or not”. |
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Gaming Machine |
Any type of machine allowing any sort of gambling activity, including betting on virtual events but not including home computers even though users can access online gaming websites.
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Term |
Description |
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Licensing Objectives |
The Licensing Objectives are three principal goals which form the basis of the Act. Stakeholders who have an interest in the Act need to try and promote these objectives: The licensing objectives 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 · Protecting children and other vulnerable persons from being harmed or exploited by gambling. |
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Lottery |
A lottery generally refers to schemes under which prizes are distributed by chance among entrants who have given some form of value for their chance to take part. A lottery is defined as either a simple lottery or a complex lottery. A simple lottery is one where persons are required to pay to participate and one or more prizes are allocated to one or more members of a class and the prizes are allocated by a process which relies wholly on chance. A complex lottery is where persons are required to pay to participate and one or more members of a class and the prizes are allocated by a series of processes where the first of those processes relies wholly on chance. Prize means money, articles or services provided by the members of the class among whom the prize is allocated. (It should be noted that the National Lottery is not included in this definition of lottery and is regulated by the National Lottery Commission). |
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Mandatory condition |
A condition which will be set by the Secretary of State (some set out in the Act and some to be prescribed by regulations) which will be automatically attached to a specific type of premises licence. The Council will have no discretion to alter or remove these conditions. |
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Money Prize Machine |
A machine in respect of which every prize which can be won as a result of using the machine is a money prize. |
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Non-money prize machine |
A machine in respect of which every prize which can be won as a result of using the machine is a non-money prize. The winner of the prize is determined by: · The position in which the coin or token comes to rest after it has been inserted into the machine, together with the position of other coins or tokens which have previously been inserted into the machine to pay a charge for use, or · If the insertion of a single coin to pay the charge for use enables the person using the machine to release one or more tokens within the machine, the position in which such tokens come to rest after being released, together with the position of other tokens which have previously been so released. |
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Odds |
The ratio to which a bet will be paid if the bet wins. E.g. 3-1 means for every £1 bet, a person would received £3 of winnings. |
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Off-course betting operator |
Off-course betting operators may, in addition to premises away from the track, operate self contained betting premises within a track premises. Such self-contained premises will provide facilities for betting on both events taking place at the track (on-course betting), as well as other sporting events taking place away from the track (off-course betting). In essence, such premises operate like a traditional high street bookmakers. They will, however, only normally operate on race days. |
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Term |
Description |
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On-course betting operator |
The on-course betting operator is one who comes onto a track temporarily, while races are taking place, and operates at the track side. On-course betting operators tend to offer betting only on the events taking place on the track that day (on-course betting). |
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Pool Betting |
For the purposes of the Gambling Act, pool betting is made on terms that all or part of the winnings: · Shall be determined by reference to the aggregate of the stakes paid or agreed to be paid by the persons betting; · Shall be divided among the winners; or · Shall or may be something other than money. For the purposes of the Gambling Act, pool betting is horse-race pool betting if it relates to horse-racing in Britain. |
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Regulations of Statutory Instruments |
Regulations are a form of law, often referred to as delegated or secondary legislation. They have the same binding legal effect as Acts and usually state rules that apply generally, rather than to specific persons or things. However, regulations are not made by Parliament. Rather, they are made by persons or bodies to whom Parliament has delegated the authority to make them, such as a minister or an administrative agency. |
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Representations |
In the context of the Gambling Act, representations are either positive statements of support or negative objections which are made in relation to a licensing application. Representations must be made in time, e.g. during a designated notice period. |
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Responsible authority (authorities) |
Responsible authorities (RAs) are agencies which have been appointed by the Gambling Act, or regulations to fulfil a designated role during the licensing process. RAs must be sent copies of all licensing applications and have the power to make representations about such applications. RAs also have the power to ask for licences to be reviewed. |
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Skill machine / Skill with prizes machine |
The Act does not cover machines that give prizes as a result of the application of pure skill by players. A skill with prizes machine is one on which the winning of a prize is determined only by the player’s skill – any element of chance imparted by the action of the machine would cause it to be a gaming machine. An example of a skill game would be trivia game machines, popular in pubs and clubs, which require the player to answer general knowledge questions to win cash prizes. |
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Spread betting |
A form of investing which is more akin to betting, and can be applied either to sporting events or to the financial markets. Spread betting is regulated by the Financial Services Authority.
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Stake |
The amount pledged when taking part in gambling activity as either a bet, or deposit to the bank or house where the house could be a gaming machine. |
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Statement of principles document |
A document prepared by the Council which outlines the areas that applicants need to consider before applying for gaming permits. |
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Table gaming |
Card games played in casinos. |
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Tote |
“Tote” is short for Totaliser, a system introduced to Britain in 1929 to offer pool betting on racecourses. |
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Track |
Tracks are sites (including horse tracks and dog tracks) where races or other sporting events take place. |
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This appendix describes the categories of gamingmachine as set out in the Act (and in regulations) and the number of such machinesthat may be permitted in each type of gamblingpremises.
· Table 1 below sets out the current proposals for the different categories with the maximum stakes and prizes that will apply. This table will be updated as soon as the proposals are confirmed.
· Table 2 overleaf shows the maximum number of machines permittedand in the case of casinos the ratios betweentables and machines.
Table 1
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Category of machine |
Maximum Stake |
Maximum Prize |
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A |
Unlimited |
Unlimited |
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B1 |
£5 |
£10,000 (with the option of a max £20,000 linked progressive jackpot on a premises basis only) |
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B2 |
£2 |
£500 |
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B3 |
£2 |
£500 |
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B3A |
£2 |
£500 |
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B4 |
£2 |
£400 |
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C |
£1 |
£100 |
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D – money prize |
10p |
£5 |
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D – non‐money prize (other than a crane grab machine) |
30p |
£8 |
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D – non‐money prize (crane grab machine) |
£1 |
£50 |
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D – combined money and non‐money prize (other than a coin pusher or penny falls machine) |
10p |
£8 (of which no more than £5 may be a money prize) |
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D – combined money and non‐money prize (coin pusher or penny falls machine) |
20p |
£20 (of which no more than £10 may be a money prize) |
1
The category B2is not actually atraditional slot machine. It refers to a type of gaming machine known as a fixed odds betting terminal (FOBTs).These are a new type of gaming machine which generally appear in licensedbookmakers. FOBTs have ‘touch-screen’ displays and look similar to quiz machines familiarin pubs and clubs. They normally offer a number of games, roulette being the most popular.