The Gambling Act 2005
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This page aims to provide an introduction to the Gambling Act 2005.
Should you need any further information, please contact us or seek your own legal advice.
Introduction
The Gambling Act 2005 makes significant changes to Gambling Regulation. In particular, local authorities now play a much stronger role in the licensing of gambling premises and facilities.
The Gambling Act 2005 replaces most existing gambling law.
Currently premises like Betting Offices and Casinos are licensed by the Local Magistrates Court.
Sheffield City Council will accept applications under the Gambling Act 2005 from amusement arcades, casinos, bookmakers, tracks and sporting sites, bingo halls and pubs/clubs wanting to have gaming machines.
The Act puts in place an improved, more comprehensive structure of gambling regulation, and creates a new independent regulatory body, the Gambling Commission.
The Role of the Gambling Commission
The Gambling Commission will issue operating licences to providers of gambling and personal licences.
It will cover most of the main forms of commercial gambling, including casinos, bingo, betting, gaming machines, pool betting and the larger charity lotteries. It will license providers that operate premises and those that offer gambling through 'remote' technologies, like the Internet and mobile telephones. The Commission will not license or regulate either the National Lottery or spread betting.
Gambling operators will require an operating licence and any relevant personal licences from the Gambling Commission, they can then get a premises licence from the relevant licensing authority. Decisions by both bodies must be made in accordance with the three licensing objectives.
The Licensing Objectives
The rationale for the regulation of gambling is set out in the Act’s three licensing objectives. The licensing objectives explain what is sought through the statutory control of gambling. They also provide the standard by which licensees and others can judge the proportionality and effectiveness of regulatory action.
The objectives are:
- Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
- Ensuring that gambling is conducted in a fair and open way, and
- Protecting children and other vulnerable persons from being harmed or exploited by gambling.
What activities and type of premises are covered by the Act?
The Gambling Act 2005 covers all premises that allow commercial gambling.
This includes:
- Bookmakers;
- Horse tracks;
- Dog tracks;
- Casinos;
- Amusement arcades; and
- Pubs and bars that have gaming machines.
If you operate one of these premises, please contact us for help or seek your own legal advice.
What licences and permits will be issued by Sheffield City Council?
We will issue premises licenses for:
- Casinos;
- Betting premises - as well as betting shops this also includes those parts of tracks that allow on-course betting;
- Bingo Clubs;
- Adult Gaming Centres - excludes entry to children;
- Family Entertainment Centres (licensed); and
- Race Tracks - including horse and dog tracks.
Please contact us if you would like to apply for Premises Licences.
We issue permits for:
- Gaming machines in members’ clubs and licensed premises;
- gaming in members’ clubs;
- prize gaming; and
- unlicensed family entertainment centres.
We also endorse Temporary Use Notices and issue Provisional Statements.
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