The Gambling Act 2005 received Royal Assent on 7 April 2005. The Act repeals the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusement Act 1976 and sets out that gambling will be unlawful in Great Britain unless permitted by the measures contained in the Act or the measures contained in the National Lotteries etc. Act 1993 or the Financial Services and Markets Act 2000. The Act covers all of Great Britain (and where it amends the National Lottery Act, Northern Ireland too).

The three licensing objectives

The Act contains the three licensing objectives that underpin the entire legislation:-

•Preventing Gambling from being a source of crime and 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 people from being harmed or exploited by gambling

The Gambling Commission / Local Authorities

The Act created a unified regulation for gambling in Great Britain, the Gambling Commission and a new licensing regime for commercial gambling. The Act transfers from the Licensing Justices all responsibility for granting gaming and betting permissions which they exercised previously, granting new powers to licensing authorities in relation to the licensing and regulation of gambling premises. The Gambling Commission will regulate all commercial gambling in Great Britain, except the National Lottery and spread Betting, which will continue to be the responsibility of the National Lottery Commission and the Financial Services Authority respectively.

The three types of licences

Under the new regime there will be three types of licence:

•Operating Licences - Issued to gambling premises

•Personal Licences - Issued to those who are either in a senior managerial position e.g. Directors or those who have an ability to affect the outcome of the gambling. eg. Croupiers.

•Premises Licences – Issued for gambling establishments.

The South Hams District Council will be responsible for issuing premises licences in its area, a role previously undertaken by the licensing justices. In addition to licences, there are other forms of authorisation that may permit gambling facilities to be provided on particular premises, for example, temporary and occasional use notices and a number or different permits. Licensing authorities will be responsible for there additional authorisations and permissions.

Existing Operation – Advanced application.

Operation of existing Casinos, Bingo Halls and Betting shops will be able to make advanced applications to the Licensing Authority for their new style premises licence between 21st May and 30th July 2007 they will receive continuation rights i.e. automatic renewal, subject to the requirements to the new Act.

New Gambling Act explained for local Residents

Statement of Principles

Fruit Machine Fact Sheet

Existing Premises Fact Sheet. continuation rights  

For Further information:

Please contact

The Licensing Department South Hams District Council, Follaton House, Plymouth Road, Totnes TQ9 5NE

Telephone: 01803 861234 or licensing@southhams.gov.uk

OR

The Department for Culture, Media and Sport

OR

The Gambling Commission