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Premises Licence Gambling Act 2005

Includes information regarding licensing premises that offer facilities for gambling

Gambling, betting and lotteries

Under the Gambling Act 2005 licensing authorities are responsible for issuing various licences, permissions, permits and notices relating to the use of premises for gambling activities within their local areas.

You will need a licence if you want to provide facilities for gambling or the use of a premises for gambling.  The three types of gambling activities are:

  • Gaming
  • Betting
  • Participating in a lottery

The Gambling Commission

The Gambling Commission is the national gambling regulator.   They are responsible for issuing:

  • personal licences
  • operating licences
  • statutory guidance
  • codes of practice

They also monitor compliance, investigate illegal gambling and have prosecution powers.

You can find out more about the gambling commission and whether you will need a personal or operating licence on their website: The Gambling Commission.

Licensing premises that offer facilities for gambling

You will need a premises licence if you want to run any of the following types of premises. There are five types of premises licences:

  • casino premises licence
  • bingo premises licence
  • betting premises licence, including tracks and premises used by betting intermediaries
  • adult gaming centres (for category B3, C and D gaming machines)
  • family entertainment centres (for category C and D gaming machines)

If you want to run an unlicensed family entertainment centre, you can apply for a permit instead. Unlicensed family entertainment centres can only have category D gaming machines.

The Gambling Commission, which is an independent non-department public body sponsored by the Department for Culture Media and Sport, regulates commercial gambling and is responsible for issuing and enforcing licences for operators and personal licences.  The Commission also provides guidance and advice to local authorities, the trade and the government on commercial gambling.

Applying for a premises licence

To apply for a premises licence you must:

  • be 18 years or older
  • if applying on behalf of a company or partnership, be authorised to make such an application
  • hold or have applied for an operator’s licence from the Gambling Commission for that gambling activity (except in the case of track betting when the premises licence holder may not be the person offering the gambling)

Applications must be made in the relevant form and for new applications, provisional statements and variations to the layout of a premises with an existing licence a plan must be supplied.  The application must also be accompanied by the fee.

You must serve a notice of the application on each responsible authority.

The application must be advertised and there is a 28 day consultation period which runs from the day when the application is received by the Council.  You need to place a notice on the premises, or on the site of the premises if it has not been constructed, in a location that can be clearly read by the public at all times, and it must be displayed for the entire 28 day consultation period.  If the premises has a frontage of more than 50 metres a notice must be displayed every 50 metres around the frontage of the premises.

Each premises licence issued by the Council will be subject to the mandatory or default conditions associated with that gambling activity. Mandatory conditions cannot be removed or changed in any way but if you are applying for a new licence you can request in the application to have the default conditions removed from the licence or amended.  If you already have a licence, you need to make a variation application to remove or amend the default conditions.

Transfer

If you want to allow someone else to become the holder of the licence, you will need to apply to transfer the licence.

Variation

To change the activities authorised and/or hours when they can take place, you will need to apply for a variation.

Once the application has been submitted in full, a 28 day representation period begins, and a notice must be displayed at the premises until it is finished. Another notice must also be published in a local newspaper within 10 working days, beginning the day after the application is submitted.

Surrender

If the certificate is no longer needed, the club can surrender it by sending us a written notice to that effect. The notice should be sent with the club premises certificate or, if that is not possible, within the notice it should be explained why it was not possible to send it.

Comment on an application

View all recent applications made to the licensing authority under the Gambling Act 2005, for new Premises Licences, variations or reviews of existing licences on the recent licence applications page.

Fees and charges

Current fees and charges can be found on our Fees and charges page.

Public Register

The Gambling Act requires us to maintain a register of premises licences issued, permits issued and temporary use notices issued.

Public registers can be viewed on the recent licensing applications page.

Gambling Act 2005 Statement of Principles (Licensing Policy)

Somerset Council are required to produce a Statement of Principles under the Gambling Act 2005.

The Gambling Act 2005 Statement of Principles can be viewed on our Statement of licensing principles and policies page.

Last updated: November 15, 2024

Next review due: May 15, 2025

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