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The Gambling Act 2005


The Gambling Act 2005 is the new legislation controlling a range of gambling activities. On the 7th April 2005, the Gambling Act received Royal Assent and became a Act of Parliament.


To contact us please e-mail: licensing@rotherham.gov.uk


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 The Gambling Act 2005 - Approved Fees (39 kb)

WHAT IS THE GAMBLING ACT 2005?

The new Gambling Act 2005 comprehensively modernises the law on gambling and introduces a powerful regulator for gambling, the Gambling Commission. This will come out of the existing Gaming board for Great Britain. The Commission will issue Personal and Operating licences and ensure compliance with these and the associated Codes of Practice. It will investigate and prosecute illegal gambling providers. In addition, whilst the Gambling Commission will regulate the gambling industry, the Act gives responsibility for the licensing of gambling premises to the Local Authorities.


THE ACT MADE SIMPLE:

Gambling operators will require an Operating Licence and any relevant Personal Licences from the Gambling Commission.

They will have to obtain a Premises Licence from their relevant Local Authority.

Any decisions made by either body must be made in accordance with the three licensing objectives which are;

  • Preventing gambling from being a source of crime and disorder;
  • Ensuring that gambling is conducted in a fair and open way;
  • Protecting children and other vulnerable persons from being harmed or exploited by gambling.

The main implication for the Council will centre on the preparation and publication of a Statement of Licensing Policy which will set out how the Licensing Authority intends to exercise its new functions. This will be dependant on guidance that will be issued in due course by the new Gambling Commission which was appointed by the Government in October 2005.

The Licensing Authority’s main function after publishing its policy will be issuing Premises Licences for Casinos, Betting Offices, Race Tracks, Bingo Clubs, Adult Gaming Centres and Family Entertainment Centres. It will also issue Permits for Gaming Machines in Members’ Clubs and licensed premises, Prize Gaming and non licensed Family Entertainment Centres.

It will also have the responsibility for monitoring and enforcing the licences and permits it issues – all under the following three new Licensing Objectives:-

The Gambling Commission is expected to provide its guidance to Licensing Authorities in the Spring of 2006. Licensing Authorities will then be able to develop their Licensing Policies in readiness for applications being submitted in early 2007.

The latest current key target dates for the implementation of the Act are as follows;

Late 2006
               
Gambling Commission will start to invite applications for all licences and permits.

January 2007
         
Licensing Authorities will accept applications for all licences and permits.

September 2007

Old legislation repealed.
Operating, personal and premises licences and permits come into effect.
Commencement of remaining provisions of the Act, as required.


FEES

The Government has decided that premises licence fees will be set via a series of bands, with a prescribed maximum. Licensing Authorities will be able to select precise fees from within the bands, limited to cost recovery. This will allow Authorities flexibility and the industry a degree of certainty.

In addition, those Authorities rated ‘Excellent’ by the CPA will be able to set Premise Licence fees outside the band, limited to cost recovery.

The Secretary of State will set the fees for permits and other services.


USEFUL LINKS

This is an external link icon Association of British Bookmakers
This is an external link icon Lotteries Council
This is an external link icon British Amusement Catering Trade Association
This is an external link icon British Casino Association
This is an external link icon Remote Gambling Association
This is an external link icon Bingo Association
This is an external link icon British Horseracing Board
This is an external link icon British Greyhound Racing Board
This is an external link icon Advertising Association
This is an external link icon Casino Operators Association
This is an external link icon Business in Sport & Leisure


OTHER UK SITES OF INTEREST

This is an external link icon Department for Culture Media and Sport
This is an external link icon Casino Advisory Panel
This is an external link icon Criminal Records Bureau
This is an external link icon HM Revenue & Customs
This is an external link icon Home Office
This is an external link icon Info4localGov
This is an external link icon Lotteries Council
This is an external link icon National Audit Office
This is an external link icon National Criminal Intelligence Service
This is an external link icon Office of Public Sector Information
This is an external link icon Scottish Criminal Record Office


OTHER REGULATORS

This is an external link icon National Lottery Commission

This is an external link icon Financial Services Authority


GAMBLING SUPPORT
This is an external link icon GAMCARE
This is an external link icon Responsibility in Gambling Trust
This is an external link icon Gamblers Anonymous


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