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Lionel Fynn
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Gambling


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


Under the current 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.

 


Clients

Our clients include Corals, Gaming International, the National Trust Lottery, StanJames Bookmakers and Unite the Union Lottery.

 

Our licensing solicitors provide the service of making applications for licenses or permits under the Gambling Act, as well as representing clients on application or review hearings as well as defending against enforcement action.

 

Contact the team on 0800 043 053 8 or 01202 551 991 or
e-mail us

 


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