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Specialist licensing law solicitors

  Licensing - Betting and Gaming

- Lotteries - Race Betting- Raffles - Tombolas - Casinos - Bingo - Poker - Fruit Machines -

In simple terms, you may need a licence if you undertake an activity that could be classed as playing a game that ;

  • involves both an element of chance and an element of skill,
  • involves an element of chance that can be eliminated by superlative skill,
  • is presented as involving an element of chance

or if you

  • invite others to gamble
  • provide, operate or administer arrangements for gambling by others, or 
  • participate in the operation or administration of gambling by others

If you are an existing operator who has not already made arrangements to apply for one or more of the new licences, you should do so as a matter of urgency unless you are able to claim an exemption as almost all licences granted before 1st September have now expired.

Under the new system, there are three main types of licence - 

The Operating Licence : An operators licence is required for most gambling activities except those undertaken in relation to clubs, including the manufacture and repair of gambling machines as well as the provision of gambling facilities such as a betting shop. Application fees for Operating Licences, payable to the Gambling Commission, start at £988 excluding any legal costs for most operations. Annual maintenance fees also have to be paid.

The Personal Licence : Unless exempted under the "small operator" criteria, personal licences are required for those who are involved in activities such as the receipt of money for gambling or the marketing of the business. Personal Licences are split into two types - Functional Licences, for those who undertake activities such as receiving or paying money or who can influence the outcome of gambling and Management Licences for those involved in marketing, business development or other specified management functions

The Premises Licence : Unlike Personal and Operators licences, premises licences are granted by the District or Unitary Council for the area. As the name implies, these are licences that permit trading at particular locations, once an Operators Licence (and personal licences, if applicable) has been obtained or at least applied for. Fees for Premises Licences will vary from Council to Council, up to the prescribed maximum. As with Operating Licences, there is an annual maintenance fee to be paid in addition to the application fee.

For certain activities such as raffles, lotteries and the use of some gaming machines, it may be possible to claim an exemption from the legislation or to apply for a permit instead of a full licence.

Specifically, if you have a "Section 34" permit, this will stay in force until its expiry date. You will then have to apply for a new permit from the local Council. Establishments such as takeaways will not be able to apply for new permits, so will have to remove gaming machines from their premises when the existing permit expires.

Please feel free to contact us by e-mail if you would like advice on whether a particular activity will be caught by the legislation and we will respond with an informal opinion as soon as possible.

If you would like us to assist you by making applications on your behalf, or you have a question that you would like to ask, contact us by clicking here to send an e-mail or fill out the enquiry form using the link on the left.

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  Lawyers / Solicitors / Consultants - Experts in Licensing and Gambling
Written by E3 Ltd add to favouritesprint