Licence

Licensed Premises Gaming Machine Permit

Summary

The Government’s aim is for gaming machines to only be in premises where children's access is controlled.  Only premises where alcohol sales are not ancillary to other activities are eligible to obtain a Licensed Premises Gaming Machine Permit.  The purpose is to ensure that premises that provide gaming machines do not allow unaccompanied children on to the premises.

 

Notification (for a maximum of two machines)

The Gambling Act provides an automatic entitlement to make available two gaming machines of Category C or D for use in appropriate premises licensed under the Licensing Act 2003.

To take advantage of this entitlement, the Premises Licence Holder must give notice to the Council of their intention to make gaming machines available for use, and must pay the prescribed fee.

 

Permit (for three or more machines)

Relevant premises may also apply for a permit to provide a greater number of machines.  This means obtaining a Licensed Premises Gaming Machine Permit from the Council.  A Licensed Premises Gaming Machine Permit allows any number of Category C or D machines to be provided in licensed premises.

Where such a permit is granted, it will effectively replace any automatic entitlement to two machines as described above. 

Fee

New Application

£50 Notification (for up to 2 machines)
£150 Permit (for 3 or more machines)

 

Other Fees and Charges

£50 Annual Fee (Permit only)
£100 Variation (Permit only)
£25 Transfer
£25 Change of Name
£15 Copy of Permit

All fees are statutory.

 

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

Validity/Renewals

Unless a shorter period is specifically stated, all permits will be granted for the life of the premises.  An annual fee is payable every year to maintain a permit.

Eligibility Criteria 

A Licensed Premises Gaming Machine Permit applies to premises with a Licensing Act 2003 on-premises alcohol licence which contains a bar at which alcohol is served, but without a requirement that alcohol is served only with food and only at a time when alcohol may be sold in reliance on the Licensing Act 2003 Premises Licence.  

The following arrangements apply:

  • Pubs will have an automatic entitlement to two gaming machines, subject to a simple notification procedure.
  • Pubs which want to offer more than two gaming machines will need to apply to us for a Licensed Premises Gaming Permit.

Applications for permits can only be made by the holder of the premises licence for the premises to which the application relates.

All applicants must be 18 years of age or older.

Application 

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

  • an application form;
  • the fee.

Consultation 

None.

Evaluation

If we have concerns about your application, we will advise you of this and give you an opportunity to make representations.  After considering any representations you make, a decision will then be made to either:

  • grant your application;
  • grant a smaller number of machines than that applied for;
  • grant a different category than that applied for; or
  • refuse your application.

There is no statutory period for determining applications.

Conditions 

Compliance with the Gambling Commission Code of Practice is a condition of any permit or notification.

The original permit must be kept on the premises to which it relates, and produced for inspection if requested by a police officer, a Gambling Commission enforcement officer or an authorised council officer.

If lost, stolen or damaged, a duplicate permit must be obtained from the council.  Lost or stolen permits must be reported to the police.

If control of the premises and the alcohol licence changes, the permit must be transferred to the new licence holder.

If a notification is in place and the premises licence holder changes, the new licence holder must submit a new notification.

The licensing authority may revoke a permit if it is believed that:

  • Gaming has taken place on premises in breach of a permit.
  • The premises are mainly used used for making gaming machines available.
  • Allowing the permit to continue to have effect would not be consistent with the licensing objectives.
  • A gambling related offence has been committed on the premises.

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.

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.

If you wish to appeal a Council decision in respect of a Licensed Premises Gaming Machine Permit application you can apply to Bath Magistrates’ Court within 21 days of being notified of the decision.

Customer Complaints 

If you have a complaint about a trader, we would advise you first to contact the trader – preferably by letter with proof of delivery.  If that is unsuccessful and you are in the UK, the Citizens Advice Bureau will assist you.  If you are outside of the UK, contact the UK European Consumer Centre.

If you believe a premises is operating in breach of the regulations, please contact Licensing Services.

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

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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