Licence

Gambling Act Premises Licence

Summary

A Premises Licence, issued under the Gambling Act 2005 (the Act), is required for any premises where it is intended to provide gambling facilities.

The types of licence available are:

  • Bingo Premises Licence
  • Adult Gaming Centre Premises Licence (enabling Category B gaming machines to be made available for use at the premises)
  • Family Entertainment Centre Premises Licence (enabling Category C 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.  

Fee

Adult Gaming Centre

£863 - New - Application fee
£863 - Provisional Statement
£863 - Application where a Provisional Statement exists
£136 - Transfer
£75 - Reinstatement
£863 - Variation
£313 - Annual Fee

Betting Premises - Shops (not on racecourse)

£863 - New - Application fee
£863 - Provisional Statement
£863 - Application where a Provisional Statement exists
£136 - Transfer
£75 - Reinstatement
£863 - Variation
£313 - Annual Fee

Betting Premises - Tracks (racecourse)

£863 - New - Application fee
£863 - Provisional Statement
£863 - Application where a Provisional Statement exists
£136 - Transfer
£75 - Reinstatement
£863 - Variation
£313 - Annual Fee

Bingo

£863 - New - Application fee
£863 - Provisional Statement
£863 - Application where a Provisional Statement exists
£136 - Transfer
£75 - Reinstatement
£863 - Variation
£313 - Annual Fee

Family Entertainment Centre

£863 - New - Application fee
£863 - Provisional Statement
£863 - Application where a Provisional Statement exists
£136 - Transfer
£75 - Reinstatement
£863 - Variation
£313 - Annual Fee

Small Casino

£8000 - New - Application fee
£8000 - Provisional Statement
£3000 - Application where a Provisional Statement exists
£1700 - Transfer
£75 - Reinstatement
£863 - Variation
£500 - Annual Fee

You may pay in person or over the phone (01225 477531) using a credit or debit card.

Existing licence holders may pay their annual fees online as follows:

  • Go to www.bathnes.gov.uk/licence-fees.
  • Enter your licence reference number.
  • Click on the “Add to List” button.
  • Click the “Pay” button.  You will then be requested to enter your card details.

Validity/Renewals

Unless a shorter period is specifically stated, all licences will be granted for the life of the business.

The licence holder must pay a first annual fee within 30 days of the licence coming into effect, or within 12 months of the first issue date, whichever is the sooner.  Thereafter, an annual fee must be paid prior to each anniversary of the issue date, to maintain the licence.

Eligibility Criteria 

An application for a Premises Licence may only be made by persons (which includes companies or partnerships):

  • who have the right to occupy the premises; and
  • who have an Operating Licence which allows him/her to carry out the proposed activity, or have applied for an Operating Licence (the Premises Licence may only be issued once the Operating Licence has been issued) from the Gambling Commission

An applicant for a Premises Licence must be over the age of 18.

Application 

Applications must be in writing (including by electronic means) and must include:

  • an application form;
  • a plan of the premises
  • the fee.

Applications should be sent to B&NES Licensing Services and you must also serve a notice of the application on the Responsible Authorities.

Alternatively, you may email one copy of the form to us at licensing@bathnes.gov.uk and we will notify the Responsible Authorities on your behalf.

You must also:

  • display a notice at the premises for 28 consecutive days; and 
  • publish the notice in a local newspaper within 10 working days.

Consultation 

On receipt of a valid application we will consult with the Responsible Authorities who will have 28 days to make any objections to the application.

Objections 

Any objections must be in relation to at least one of the Licensing Objectives.

Any relevant person wishing to make an objection to an application must give written notice of their objection to Licensing Services, stating the grounds of the objection, within 28 days of the date of the application.  A hearing will then be held by the Council.

Evaluation

A hearing must be held if any representations are made in respect of the application.  If a hearing is held the licence can be granted or granted subject to additional conditions, or the application can be rejected.

Licensing Services will serve a notice of its decision on the applicant and any person who has made relevant representations (i.e. representations that were not deemed frivolous or vexatious).

If no relevant representations are received against your application, it will be granted as applied for upon completion of the consultation period.

There is no statutory period for determining applications.

Conditions 

Mandatory and Default conditions which are attached to all premises licences can be found at http://www.opsi.gov.uk/si/si2007/20071409.htm.

Tacit Consent 

The Gambling Act 2005 is not subject to the EU Services Directive and tacit consent does not apply.

Application Form 

An online application form is currently being developed.  The Government's Department for Culture, Media and Sport (DCMS) has supplied the following forms:

New Application

Other Forms

Please contact Licensing Services if you would like us to send you any of these forms.

Right of Appeal 

Please contact your legal advisor or Licensing Services within 21 days of the decision.

Customer Complaints 

If you wish to make a complaint please complete the online submission form.

Guidance 

The Council's Statement of Principles outlines the principles it proposes to apply when exercising its functions under the Act.

Please contact either B&NES Licensing Services or the Gambling Commission for further guidance.

Relevant Legislation

Gambling Act 2005

We have made the information on these web pages as comprehensive as possible.  However, in attempting to simplify the law, certain requirements have been omitted.  Full details of what you must do are in the relevant legislation.
Laws can and do change.  Information was accurate when produced, but may have changed since.  We must advise that only the Courts can give an authoritative opinion on statute law.

Trade Associations 

None

Further Information 

For further information and guidance please phone Licensing Services on 01225 477531 or email licensing@bathnes.gov.uk.

Additional contact details.

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