The Gambling Act 2005 (the Act) came into force on 01 September 2007. The act repealed the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusement Act 1976.  

The Act covers two main activities:

• Providing facilities for gambling
• Using premises for gambling

The Act contains three licensing objectives that underpin the 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 Act transferred responsibility for granting gaming and betting permissions from Licensing Justices and granted new powers to licensing authorities in relation to the licensing and regulation of the use of gambling premises.

East Staffordshire Borough Council will be responsible for the licensing of premises where gambling activities are to take place by issuing premises licences. East Staffordshire Borough Council are also responsible for Temporary Use Notices, Occasional Use Notices and Permits.

Personal Licences

Personal licences are issued to a person with key operational functions connected with the gambling business. A company cannot hold a licence. These licences are issued by the Gambling Commission and it is their responsibility to decide which person requires a licence. Personal licences are of unlimited duration, you will not need to apply again unless your circumstances change. A periodic maintenance fee is payable to the Gambling Commission in respect of personal licences.

Operating Licences

Anyone who provides or wishes to provide: facilities for gambling and/or to manufacture, supply install, repair or adapt a gaming machine or gambling software (unless an exception applies), must apply for an operating licence, unless an exemption applies.

Operating licences are of unlimited duration, you will not have to apply again unless your circumstances change. You will be required to pay an annual fee to the Gambling Commission in respect of your Operating Licence.

You need to apply to the Gambling Commission for your Operating Licences and for the appropriate personal licences required by your business.  

Premises Licences

A Premises Licence is required for any premises where it is intended to provide gambling facilities. The types of Licence available are as follows:

Casino Premises Licence

Bingo Premises Licence

Adult Gaming Centre Premises Licence (For over 18’s only enabling Category B3 gaming machines and an unlimited number of Category C and D to be made available for use at the premises)

Family Entertainment Centre Premises Licence (enabling Category C and D gaming machines to be made available for use at the premises)

Betting Premises Licence (enabling the provision of facilities for betting, by making or accepting bets or by acting as a betting intermediary)

Except in the case of a track, a Premises Licence may not authorise the use of premises for activities of more than one of the types listed above. A Licence may not be issued in respect of premises if those premises already have a Premises Licence in effect.

In addition, there are Unlicensed Family Entertainment Centres, which only need a Permit but are limited to making available Category D gaming machines.

Further information on how to apply can be found in the 'Gambling Act 2005 - Guidance to applicants'.