Gambling Act 2005
The Gambling Act 2005 received Royal Assent on 7 April
2005 and is an attempt to modernise the law on gambling and
introduce a new regulator for gambling, the
Gambling
Commission. This body replaces the Gaming
Board for Great
Britain..
Responsibility for the licensing of gambling premises is given
to Local Authorities. These include premises licences for
casinos, bingo halls, offices, adult gaming centres and licensed
family entertainment centres and betting permits for gaming
machines in pubs and other alcohol licensed premises.
The Act is intended to be fully operational towards the end of
2007; The proposed timescale for implementation is set out
below. In the meantime the existing arrangements for the
licensing of gambling will continue in operation.
Three types of licence are required by the new Act:
- An Operator licence concerned with the management and conduct
of gambling.
- A personal licence for persons with key operational functions
connected with the gambling business.
- A Premises licence for the property where the gambling takes
place.
Operator's licences and personal licences will be issued and
regulated by the Gambling commission. Responsibility for the
issue and regulation of premises licences will lie with local
authorities.
The Council will be required to produce a licensing policy,
which will last for up to three years. The Policy will need
to be reviewed after this period.
The broad timetable for the implementation of the Act is set
out below. This is an indicative timetable only, and the
arrangements for different sectors within the gambling industry do
vary. Operators should refer to the chapter that relates to their
sector for the arrangements that apply to them.
- 28 April 2006 - Casinos only – Last date for
applications for certificates of consent for new casinos under the
1968 Act.
- 1 July 2006 - Section 34 permits – AWPs in
chip shops, etc. Final date on which applications for new permits
or renewals can be made.
- 1 September 2006 -
Arcades/Betting/Bingo/Casinos/External lottery managers
– Existing permissions that expire on or after 1
September 2006 will be renewed automatically by the issuing
authority, so that they are valid until 31 August 2007. These
automatic renewals will not be subject to any fee.
- 1 January 2007 - The Gambling Commission will
begin to accept advance applications for permissions under the 2005
Act.
- 31 January 2007 - Licensing authorities will
begin to accept advance applications for permissions under the 2005
Act.
- 27 April 2007 - Existing operators (and new
operators with outstanding applications under the existing
legislation) will need to apply to the appropriate licensing
authority for permissions under the 2005 Act by this date to
qualify for continuation rights.
Arcades/Betting/Bingo/Casinos/External lottery managers - No
applications for renewals or new permissions under the existing
legislation will be permitted after this date
- 1 September 2007 - All sectors –
Implementation date for 2005 Act. All licences/permits under 2005
Act take effect from this date. All existing operators who qualify
for continuation rights will continue to be able to operate, even
if their advance applications under the 2005 have not yet been
resolved. Existing legislation is repealed as at 1st
September 2007
- Arcades/Betting/Bingo/Casinos/External lottery managers
– Permissions issued under existing legislation
lapse.
- Society lotteries/Gaming machine supply and
repair/Pubs/Clubs – Existing permissions will continue to
have effect under the 2005 Act. Prior to 1 September 2007,
operators will continue to apply for new permissions or renewals
under the existing legislation. They will have to apply under the
2005 Act at least two months before their existing permission is
due to expire.