Legalize / United Kingdom / Public General Act

Gambling Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2025-07-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—

(a) the court which orders forfeiture,

(b) a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

(3) Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.

(4) The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the permit holder deliver to the licensing authority within such time as the order may specify—

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

(5) As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.

Transfer of permit

19

(1) A person may apply for the transfer of a permit to him if—

(a) he is applying for the transfer of an on-premises alcohol licence to him in accordance with—

(i) section 42 of the Licensing Act 2003 (c. 17) (application for transfer), or

(ii) section 50 of that Act (transfer following death of holder), and

(b) a permit has effect in respect of the same premises.

(2) The provisions of this Schedule shall have effect (with any necessary modifications) in relation to an application for the transfer of a permit as they have effect in relation to an application for the issue of a permit.

(3) A person applying for the transfer of a permit to him must supply with his application—

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

(4) A licensing authority may not approve an application for the transfer of a permit under this paragraph unless the transfer of the on-premises alcohol licence is approved under section 45 of the Licensing Act 2003 (determination of application).

(5) Where a licensing authority refuse an application for the transfer of a permit under this paragraph by virtue of sub-paragraph (4), the provisions of paragraph 6(2)(b) shall not apply to the refusal.

20

(1) This paragraph applies where—

(a) the transfer of an on-premises alcohol licence is to be given immediate effect under section 43 of the Licensing Act 2003 (interim effect of transfer application), and

(b) the applicant has also made an application under paragraph 19.

(2) A permit in respect of those premises shall have effect during the application period as if the applicant for the transfer were the permit holder.

(3) In this paragraph “application period” has the same meaning as in section 43 of the Licensing Act 2003.

Appeal

21

(1) The applicant for or holder of a permit may appeal if the licensing authority—

(a) reject an application for a permit,

(b) grant an application for a permit in respect of a smaller number of machines than that specified in the application or a different category of machines from that specified in the application (or both), or

(2) An appeal under this paragraph must be instituted—

(a) in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 21 days beginning with the day on which the appellant or holder receives notice of the decision against which the appeal is brought.

(3) On an appeal the magistrates' court may—

(a) dismiss the appeal;

(b) substitute for the decision appealed against any decision that the licensing authority could have made (with effect from such date and on such transitional or other terms as the court may specify);

(d) remit the case to the licensing authority to decide in accordance with a direction of the court;

(e) make an order about costs.

(4) Sub-paragraph (1) applies to a decision of a licensing authority following remittal under sub-paragraph (3)(d).

Register

22

(1) A licensing authority shall—

(a) maintain a register of permits issued by the authority together with such other information as may be prescribed,

(b) make the register and information available for inspection by members of the public at all reasonable times, and

(c) make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request.

(2) A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority.

(3) The Secretary of State may make regulations about—

(a) the form of the register;

(b) the manner in which it is maintained.

(4) The Secretary of State may make regulations—

(a) requiring licensing authorities to give to the Commission specified information about permits issued by them;

(b) requiring the Commission to maintain a register of the information provided to it under paragraph (a);

(d) requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public;

(e) excusing licensing authorities, wholly or partly, from compliance with sub-paragraph (1).

Interpretation

23

In this Schedule—

“permit” means a licensed premises gaming machine permit, and

“prescribed” means prescribed by regulations made by the Secretary of State.

SCHEDULE 14

Interpretation

1

In this Schedule—

“holder”, in relation to a permit, means the person to whom the permit is issued,

“the licensing authority”—in relation to an application, means the licensing authority to whom the application is made, andin relation to a permit, means the licensing authority who issue it,

“permit” means a prize gaming permit,

“the premises”, in relation to an application or permit, means the premises in respect of which the permit is sought or issued, and

“prescribed” means prescribed by regulations made by the Secretary of State except that in paragraphs 6(e) and 21(2) it means, where the application in question is made to a licensing authority in Scotland, prescribed by regulations made by the Scottish Ministers.

2

This Schedule shall, in its application to Scotland, have effect as if references to a chief officer of police were references to a chief constable.

Making of application

3

(1) An application for a permit may be made only by a person who occupies or proposes to occupy the premises.

(2) If the applicant for a permit is an individual, he must be an adult.

4

An application for a permit may not be made if—

(a) a premises licence has effect in respect of the premises, or

(b) a club gaming permit has effect in respect of the premises.

5

An application for a permit must be made to a licensing authority in whose area the premises are wholly or partly situated.

6

An application for a permit must—

(a) be made in such form and manner as the licensing authority may direct,

(b) specify the premises,

(d) contain or be accompanied by such other information or documents as the licensing authority may direct, and

(e) be accompanied by the prescribed fee.

Consideration of application

7

Sections 154 and 155 shall have effect in relation to functions of a licensing authority under this Schedule as they have effect in relation to the functions of a licensing authority under Part 8.

8

(1) A licensing authority may prepare a statement of principles that they propose to apply in exercising their functions under this Schedule.

(2) A statement under sub-paragraph (1) may, in particular, specify matters that the licensing authority propose to consider in determining the suitability of an applicant for a permit.

(3) In exercising their functions under this Schedule a licensing authority—

(a) need not (but may) have regard to the licensing objectives, and

(b) shall have regard to any relevant guidance issued by the Commission under section 25.

Determination of application

9

(1) On considering an application for a permit a licensing authority may—

(a) grant it, or

(b) refuse it.

(2) A licensing authority may not attach conditions to a permit.

(3) As soon as is reasonably practicable after granting an application a licensing authority shall issue a permit to the applicant.

(4) As soon as is reasonably practicable after refusing an application a licensing authority shall notify the applicant of—

(a) the refusal, and

(b) the reasons for it.

10

A licensing authority may grant an application for a permit only if they have consulted the chief officer of police for a police area in which the premises are wholly or partly situated.

11

(1) A licensing authority may not refuse an application unless they have—

(a) notified the applicant of their intention to refuse the application and of their reasons, and

(b) given the applicant an opportunity to make representations.

(2) A licensing authority may satisfy sub-paragraph (1)(b) by giving the applicant an opportunity to make—

(a) oral representations,

(b) written representations, or

Form of permit

12

(1) A permit must be in the prescribed form and must specify—

(a) the person to whom it is issued,

(b) the nature of the gaming in respect of which it has effect,

(d) the date on which it takes effect.

(2) If the person to whom a permit is issued changes his name or wishes to be known by another name—

(a) he may send the permit to the licensing authority with—

(i) the prescribed fee, and

(ii) a request that a new name be substituted for the old name, and

(b) the licensing authority shall comply with the request and return the permit to the holder.

Duration

13

A permit shall cease to have effect at the end of the period of ten years beginning with the date specified under paragraph 12(1)(d) unless—

(a) it ceases to have effect before that time in accordance with a provision of this Schedule, or

(b) it is renewed in accordance with paragraph 18.

14

(1) A permit shall lapse if the holder ceases to occupy the premises specified under paragraph 12(1)(c).

(2) A permit shall not take effect if on the date specified under paragraph 12(1)(d) the person to whom the permit is issued is not an occupier of the premises specified under paragraph 12(1)(c).

15

(1) A permit held by an individual shall lapse if—

(a) he dies,

(b) he becomes, in the opinion of the licensing authority as notified to the individual, incapable of carrying on the activities authorised by the permit by reason of mental or physical incapacity,

(c) he becomes bankrupt (within the meaning of section 381 of the Insolvency Act 1986 (c. 45)), or a debt relief order is made in respect of him, (under Part 7A of the Insolvency Act 1986) or

(d) sequestration of his estate is awarded under section 22(1) of the Bankruptcy (Scotland) Act 2016 .

(2) In any other case a permit shall lapse if the holder—

(a) ceases to exist, or

(b) goes into liquidation (within the meaning of section 247(2) of that Act).

(3) During the period of six months beginning with the date on which a permit lapses under this paragraph the following may rely on it as if it had effect and were issued to them—

(a) the personal representatives of the holder (in the case of an individual holder who dies),

(b) the trustee of the bankrupt's estate (in the case of an individual holder who becomes bankrupt),

(d) the liquidator of the company (in the case of a company holder that goes into liquidation).

(4) In relation to premises in Scotland—

(a) sub-paragraph (2)(a) shall have effect as if it referred to a sheriff within whose sheriffdom the premises are wholly or partly situated,

(b) sub-paragraph (2)(b) shall not have effect,

(d) the reference in sub-paragraph (3)(d) to costs shall have effect as a reference to expenses.

16

A permit shall cease to have effect if the holder gives to the licensing authority—

(a) notice of surrender, and

(b) either—

(i) the permit, or

(ii) a statement explaining why it is not reasonably practicable to produce the permit.

17

(1) Where the holder of a permit is convicted of a relevant offence the court by or before which he is convicted may order forfeiture of the permit.

(2) Forfeiture under this paragraph shall be on such terms (which may include terms as to suspension) as may be specified by—

(a) the court which orders forfeiture,

(b) a court to which an appeal against the conviction, or against any order made on the conviction, has been or could be made, or

(3) Subject to any express provision made under sub-paragraph (2), a permit shall cease to have effect on the making of a forfeiture order under this paragraph.

(4) The terms on which forfeiture is ordered under this paragraph shall, in particular, include a requirement that the holder of the permit deliver to the licensing authority within such time as the order may specify—

(a) the permit, or

(b) a statement explaining why it is not reasonably practicable to produce the permit.

(5) As soon as is reasonably practicable after making or suspending an order for forfeiture under this paragraph a court shall notify the licensing authority.

Renewal

18

(1) The holder of a permit may apply to the licensing authority for renewal of the permit.

(2) An application for renewal may not be made—

(a) before the period of six months ending with the date on which the permit would otherwise expire in accordance with paragraph 13, or

(b) after the beginning of the period of two months ending with that date.

(3) The provisions of this Schedule shall have effect (with any necessary modifications) in relation to an application for renewal as they have effect in relation to an application for a permit.

(4) Paragraph 13 shall have effect in relation to a renewed permit as if the date of renewal were the date specified under paragraph 12(1)(d).

(5) A permit shall not cease to have effect by virtue only of paragraph 13 while—

(a) an application for renewal of the permit is pending, or

(b) an appeal against a decision on an application for renewal of the permit is pending.

Maintenance

19

The holder of a permit shall keep it on the premises.

20

(1) An occupier of premises in respect of which a permit has effect commits an offence if without reasonable excuse he fails to produce the permit on request for inspection by—

(a) a constable, or

(b) an enforcement officer,

(2) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

21

(1) Where a permit is lost, stolen or damaged, the holder may apply to the licensing authority for a copy.

(2) An application under sub-paragraph (1) must be accompanied by the prescribed fee.

(3) A licensing authority shall consider an application under this paragraph and shall grant it if satisfied—

(a) that the permit has been lost, stolen or damaged, and

(b) where the permit has been lost or stolen, that the loss or theft has been reported to the police.

(4) As soon as is reasonably practicable after granting an application under this paragraph a licensing authority shall issue a copy of the permit certified by the authority as a true copy.

(5) A copy of a permit issued under this paragraph shall be treated as if it were the permit.

Appeal

22

(1) Where a licensing authority reject an application for the issue or renewal of a permit the applicant may appeal.

(2) An appeal under this paragraph must be instituted—

(a) in the magistrates' court for a local justice area in which the premises to which the appeal relates are wholly or partly situated,

(b) by notice of appeal given to the designated officer, and

(c) within the period of 21 days beginning with the day on which the appellant receives notice of the decision against which the appeal is brought.

(3) On an appeal a magistrates' court may—

(a) dismiss the appeal;

(b) substitute for the decision appealed against any decision that the licensing authority could have made;

(d) make an order about costs.

(4) Sub-paragraph (1) applies to a decision of a licensing authority following remittal under sub-paragraph (3)(c) above.

Register

23

(1) A licensing authority shall—

(a) maintain a register of permits issued by the authority together with such other information as may be prescribed,

(b) make the register and information available for inspection by members of the public at all reasonable times, and

(c) make arrangements for the provision of a copy of an entry in the register, or of information, to a member of the public on request.

(2) A licensing authority may refuse to provide a copy of an entry or of information unless the person seeking it pays a reasonable fee specified by the authority.

(3) The Secretary of State may make regulations about—

(a) the form of the register;

(b) the manner in which it is maintained.

(4) The Secretary of State may make regulations—

(a) requiring licensing authorities to give to the Commission specified information about permits issued by them;

(b) requiring the Commission to maintain a register of the information provided to it under paragraph (a);

(d) requiring the Commission to make copies of entries available on request, and on payment of a reasonable fee, to members of the public;

(e) excusing licensing authorities, wholly or partly, from compliance with sub-paragraph (1).

Vehicles and vessels

24

A permit may not be issued in respect of a vehicle or vessel (or part of a vehicle or vessel).

SCHEDULE 15

Part 1 — Gaming

Introduction

1

Gaming is private if it satisfies the conditions specified in this Part of this Schedule.

2

(1) For the purposes of this Part of this Schedule gaming is domestic if it takes place—

(a) in a private dwelling, and

(b) on a domestic occasion.

(2) For the purposes of this Part of this Schedule gaming is residential if—

(a) it takes place in a hostel, hall of residence or similar establishment which is not administered in the course of a trade or business, and

(b) more than half of the participants are residents of the hostel, hall or establishment.

No charge for participation

3

(1) It is a condition of private gaming that no charge is made for participation.

(2) For the purposes of this paragraph—

(a) it is immaterial how a charge is described,

(b) it is immaterial whether a charge is in money or money's worth,

(c) an amount deducted or levied, by a person providing facilities for gaming, from sums staked or won in the course of gaming is a charge for participation in the gaming,

(d) a charge for admission to premises where gaming takes place shall be treated as a charge for participation in the gaming, and

(e) a stake is not a charge for participation.

Equal chance gaming

4

(1) It is a condition of private gaming that it is equal chance gaming.

(2) But this condition does not apply in relation to domestic or residential gaming.

Privacy

5

It is a condition of private gaming that it does not occur in a place to which the public have access (whether or not on payment).

Part 2 — Betting

Introduction

6

Betting is private betting if it is—

(a) domestic betting, or

(b) workers' betting.

Domestic betting

7

(1) A betting transaction is domestic betting if made on premises in which each party to the transaction lives.

(2) For the purposes of this paragraph a person lives in premises if he habitually resides in any part of the premises (whether or not there are other premises in which he also habitually resides).

Workers' betting

8

A betting transaction is workers' betting if made between persons each of whom is employed under a contract of employment with the same employer.

SCHEDULE 16

Part 1 — Minor Amendments

Metropolitan Police Act 1839 (c. 47)

1

In section 44 of the Metropolitan Police Act 1839 (refreshment houses)—

(a) omit “, or knowingly suffer any unlawful games or any gaming whatsoever therein,”, and

(b) in the heading, omit “, or gaming”.

Libraries Offences Act 1898 (c. 53)

2

Section 2(3) of the Libraries Offences Act 1898 (offence of annoying library users) shall cease to have effect.

Gaming Act 1968 (c. 65)

3

(1) The Gaming Act 1968 shall be amended as follows.

(2) For section 6(2) (premises licensed for the sale of alcohol) substitute—

(2) This section applies to any premises in England and Wales— (a) in respect of which a premises licence under Part 3 of the Licensing Act 2003 (c. 17) has effect, (b) which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and (c) at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.

(3) In section 12(3)—

(a) in paragraph (a) the words from “and at that time” to the end of the paragraph shall cease to have effect,

(b) in paragraph (b) the words from “and at that time” to the end of the paragraph shall cease to have effect, and

(4) For section 20(5) substitute—

(5) Section 12(3) shall not apply in relation to any club to which this section applies.

(5) In section 31—

(a) in subsection (2)(c) for “ten” substitute “ twenty ”,

(b) for subsection (3E) substitute—

(3E) The initial amount must not exceed the higher of— (a) the highest coin value, or (b) the charge for playing a game once by means of the machine.

, and

the higher of— (a) the highest coin value, or (b) the charge for playing a game once by means of the machine.

(6) In section 51(3) after “regulations” insert “ or an order ”.

(7) In paragraph 10A(1) of Schedule 9, leave out “sub-paragraph (a) or”.

(8) After paragraph 10A of Schedule 9 insert—

(10AA) A permit in respect of premises to which sub-paragraph (a) of paragraph 1 of this Schedule applies shall be subject to the conditions that a machine must— (a) be located on premises which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and (b) be made available for use only at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

4

Section 8B(2)(c) of the Chronically Sick and Disabled Persons Act 1970 (report by Secretary of State on access to betting offices) shall cease to have effect.

Part 2 — Consequential Amendments

Parliamentary Commissioner Act 1967 (c. 13)

5

In Schedule 2 to the Parliamentary Commissioner Act 1967 (bodies subject to investigation) for “Gaming Board for Great Britain.” substitute “ Gambling Commission. ”

Superannuation Act 1972 (c. 11)

6

In Schedule 1 to the Superannuation Act 1972 (employment to which superannuation schemes may extend) for “Gaming Board for Great Britain.” substitute “ Gambling Commission. ”

House of Commons Disqualification Act 1975 (c. 24)

7

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) for “The Gaming Board for Great Britain.” substitute “ The Gambling Commission. ”

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

8

In section 20(9) of the Local Government (Miscellaneous Provisions) Act 1976 (sanitation) for the definition of “betting office” substitute—

“betting office” means premises, other than a track within the meaning of the Gambling Act 2005, in respect of which a betting premises licence under Part 8 of that Act has effect;

Race Relations Act 1976 (c. 74)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

London Local Authorities Act 1995 (c. x)

10

In section 14 of the London Local Authorities Act 1995 (interpretation of licensing provisions) for the provision excluding premises licensed under Part II of the Gaming Act 1968 substitute: “ does not include premises in respect of which a casino premises licence, bingo premises licence, adult gaming centre premises licence, family entertainment centre premises licence or betting premises licence under Part 8, or a family entertainment centre gaming permit under section 247, of the Gambling Act 2005 has effect; ”.

Employment Rights Act 1996 (c. 18)

11

For section 233 of the Employment Rights Act 1996 (betting workers) substitute—

(233) (1) In this Act “betting worker” means an employee who under his contract of employment is or may be required to do betting work. (2) In this Act “betting work” means— (a) work which consists of or includes dealing with betting transactions at a track in England or Wales and which is carried out for a person who holds a general betting operating licence, a pool betting operating licence or a horse-race pool betting operating licence, and (b) work on premises in respect of which a betting premises licence has effect at a time when the premises are used for betting transactions. (3) In subsection (2) “betting transactions” includes the collection or payment of winnings. (4) Expressions used in this section and in the Gambling Act 2005 have the same meaning in this section as in that Act. (5) In this Act— - “notice period”, in relation to an opted-out betting worker, has the meaning given by section 41(3), - “opted-out”, in relation to a betting worker, shall be construed in accordance with section 41(1) and (2), - “opting-in notice”, in relation to a betting worker, has the meaning given by section 36(6), - “opting-out notice”, in relation to a betting worker, has the meaning given by section 40(2), and - “protected”, in relation to a betting worker, shall be construed in accordance with section 36(1) to (5).

Police Act 1997 (c. 50)

12

In section 115 of the Police Act 1997 (enhanced criminal record certificates) for subsection (5)(a) to (c) substitute—

(a) a process under the Gambling Act 2005

Terrorism Act 2000 (c. 11)

13

In paragraph 4 of Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory authorities) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postal Services Act 2000 (c. 26)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

16

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which the Act applies) for “Gaming Board of Great Britain” substitute “Gambling Commission”.

Private Security Industry Act 2001 (c. 12)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Police Act 2001 (c. 16)

18

(1) In Schedule 1 of the Criminal Justice and Police Act 2001 (seizure powers to which extending provision of section 50 applies)—

(a) paragraphs 6, 11 and 20 cease to have effect,

(b) at the end of Part 1 (renumbering the entry for the Licensing Act 2003 as paragraph 73E) add—

(73F) The powers conferred by section 317 of the Gambling Act 2005 (inspection powers).

(d) at the end of Part 3 (renumbering the entry for the Licensing Act 2003 as paragraph 111) add—

(112) The powers conferred by section 317 of the Gambling Act 2005 (inspection powers).

(2) For the purposes of the amendments made by this paragraph, the powers in section 317(1)(d), (e) and (f) are powers of seizure.

Proceeds of Crime Act 2002 (c. 29)

19

In Part 2 of Schedule 9 to the Proceeds of Crime Act 2002 (supervisory authorities) in paragraph 4(g) for “Gaming Board for Great Britain” substitute “ Gambling Commission ”.

Licensing Act 2003 (c. 17)

20

(1) The Licensing Act 2003 shall be amended as follows.

(2) For section 175 (exemption for raffle, tombola, &c.) substitute—

(175) (1) The promotion of a lottery to which this section applies shall not constitute a licensable activity by reason only of one or more of the prizes in the lottery consisting of or including alcohol, provided that the alcohol is in a sealed container. (2) This section applies to an incidental non-commercial lottery (within the meaning of Part 1 of Schedule 11 to the Gambling Act 2005).

(3) In paragraph 10(3) of Schedule 1 (provision of regulated entertainment) for “section 22 of the Lotteries and Amusements Act 1976 (c. 32)” substitute “ section 19(3) of the Gambling Act 2005 ”.

(4) In Schedule 4 (relevant offences) after paragraph 20 insert—

(21) An offence under section 46 of the Gambling Act 2005 if the child or young person was invited, caused or permitted to gamble on premises in respect of which a premises licence under this Act had effect.

Note

21

The amendments made by this Schedule are without prejudice to the generality of paragraph 4 of Schedule 5.

SCHEDULE 17

SCHEDULE 18

Part 1 — Transitional Continuation of Old Licences, &c.

Introduction

1

(1) In this Part a reference to a commencement order is a reference to an order under section 358(1).

(2) This Part is without prejudice to the generality of section 355(1)(c).

Transitional continuation of licences, &c.

2

A commencement order may—

(a) provide for a licence or other document issued under an enactment repealed by this Act to have such effect as the order may specify after the commencement of the repeal until a time specified by or determined in accordance with the order;

(b) provide for the application of this Act, with any specified modifications, in relation to a licence or document to which paragraph (a) applies;

(c) disapply, or modify the application of, a provision of this Act in relation to specified things done in reliance on a licence or document to which paragraph (a) applies.

Transitional protection for casinos below minimum licensable size

3

A commencement order may—

(a) disapply section 174(1) in respect of premises that are in use, or could lawfully be used, for the operation of a casino (within the meaning of section 7(1) to (3)) when Part 8 of this Act comes into force;

(b) provide for the application of this Act, with any specified modifications, in relation to premises of that kind;

(c) disapply, or modify the application of, a provision of this Act in relation to specified things done on or in relation to premises of that kind.

References to procedures under this Act

4

A commencement order may include provision for a reference in this Act or in another enactment to anything done under or by virtue of this Act to be taken, for such transitional purposes as may be specified, as including a reference to a thing done under or by virtue of an enactment repealed by this Act.

Part 2 — Advance and Interim Applications, and Conversion

Advance applications

5

In this Schedule a reference to an advance application for a licence or permit is a reference to an application made in advance of the commencement of the offence or other provision of this Act in connection with which the licence or permit is required.

6

The Secretary of State may by order—

(a) make provision about the making, consideration or determination of an advance application for a licence or permit;

(b) make provision about the effect of a licence or permit issued in response to an advance application;

(c) require the person to whom an advance application for a licence or permit under this Act is made to determine the application within a specified period;

(d) make provision for an advance application for a licence or permit under this Act to be treated as granted (for such purposes, with such effect and for such period as the order may specify) if not determined in accordance with a requirement imposed under paragraph (c).

7

An order under paragraph 6—

(a) may make provision about advance applications generally or only if made before a specified date or during a specified period, and

(b) may make different provision in relation to different classes of advance application or different classes of activity.

Interim applications

8

The Secretary of State may by order make provision for or about the grant or renewal of a licence or other document, or a registration, under an enactment to be repealed by this Act during a specified period between the passing of this Act and the commencement of the repeal.

Conversion of existing licences, &c.

9

The Secretary of State may by order—

(a) make provision for the conversion of a licence or other document under an enactment to be repealed by this Act into a licence or permit under this Act (which may, in particular, include provision requiring a person to whom an advance application is made to grant it in specified circumstances or to a specified extent);

(b) make provision for the conversion of registration under an enactment to be repealed by this Act into registration under this Act or into possession of a licence or permit under this Act (which may, in particular, include provision requiring a person to whom an advance application is made to grant it in specified circumstances or to a specified extent).

10

An order under paragraph 9 may provide for conversion of licences, other documents or registrations generally or by reference to—

(a) the use made of a licence, document or registration,

(b) the age or duration of a licence, document or registration, or

Orders: general

11

An order under this Part—

(a) may include provision modifying the effect of a provision of this Act or the effect of a provision to be repealed by this Act, and

(b) may apply or replicate a provision of this Act with or without modification (including a provision conferring a discretion or providing for the payment of a fee).

The licensing objectives

Establishment of the Commission

Provision of facilities for gambling

Meaning of “child” and “young person”

Nature of licence

Determination of application

Interpretation

Nature of personal licence

Definition of “the Tribunal”

Virtual gaming

Nature of notice

Gaming machines: Categories A to D

Lottery ticket

Commercial club

Prize gaming permits

Exceptions to offences

Authorised persons

Regulations

Enforceability of gambling contracts

Repeal of provisions preventing enforcement

Crown application

Regulations, orders and rules

Introduction

Meaning of payment

Stamps, telephone calls, &c.

Payment to discover whether prize won

Payment to claim prize

Choice of free entry

Power to make regulations

Introduction

Meaning of payment

Stamps, telephone calls, &c.

Payment to discover whether prize won

Payment to claim prize

Choice of free entry

Power to make regulations

Annual levy

Consultation with Gambling Commission

Definition of “lottery”

Constitution

Tenure

Staff

Proceedings

Money

Annual report

Status

Gambling offences

Theft, &c.

Miscellaneous

President, deputy and members

Tenure

Staff

Money

Sittings

Procedure

Council on Tribunals

Disqualification, &c.

Introduction

Competition for licences

Two-stage consideration

Provisional statements

Interpretation

Making of application

Consideration of application

Determination of application

Form of permit

Duration

Renewal

Maintenance

Appeal

Register

Vehicles and vessels

The exemption

Deductions from proceeds

Purpose of lottery

No rollover

Connection between lottery and event

Interpretation: “prescribed”

The exemption

Private society lottery

Work lottery

Residents' lottery

Purpose of lottery

Advertising

Lottery tickets

Price

No rollover

The exemption

No profits

Advertising

Lottery tickets

Price

Maximum prize

No rollover

Frequency

The exemption

Purpose of lottery

Minimum distribution for fund-raising purpose

Maximum prize

Rollover

Tickets

Price

Registration

Filing of records

Local authority

Application

Registration

Gambling Commission

Refusal of registration

Revocation

Appeal

Cancellation

Annual fee

Retention of records

Interpretation: “prescribed”

Distributing lottery tickets by post

Rollover

Other additional provision

Variation of monetary limits and percentages

Interpretation: advertisement

Interpretation: business

Vessels

Application

Consideration of application

Fast-track procedure for holder of club premises certificate

Form of permit

Maintenance

Duration

Cancellation and forfeiture

Renewal

Appeal

Register

Exercise of functions by licensing authority: general

Vehicles and vessels

Interpretation

Making of application

Form of permit

Maintenance

Variation

Cancellation and forfeiture

Transfer of permit

Appeal

Register

Interpretation

Making of application

Consideration of application

Determination of application

Form of permit

Duration

Renewal

Maintenance

Appeal

Register

Vehicles and vessels

Introduction

No charge for participation

Equal chance gaming

Privacy

Introduction

Domestic betting

Workers' betting

Metropolitan Police Act 1839 (c. 47)

Libraries Offences Act 1898 (c. 53)

Gaming Act 1968 (c. 65)

Chronically Sick and Disabled Persons Act 1970 (c. 44)

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

House of Commons Disqualification Act 1975 (c. 24)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

Race Relations Act 1976 (c. 74)

London Local Authorities Act 1995 (c. x)

Employment Rights Act 1996 (c. 18)

Police Act 1997 (c. 50)

Terrorism Act 2000 (c. 11)

...

Postal Services Act 2000 (c. 26)

Freedom of Information Act 2000 (c. 36)

Private Security Industry Act 2001 (c. 12)

Criminal Justice and Police Act 2001 (c. 16)

Proceeds of Crime Act 2002 (c. 29)

Licensing Act 2003 (c. 17)

Note

Introduction

Transitional continuation of licences, &c.

Transitional protection for casinos below minimum licensable size

References to procedures under this Act

Advance applications

Interim applications

Conversion of existing licences, &c.

Orders: general

Editorial notes

[^key-6792a06e9e1fc490f1874fe3b09462eb]: S. 355 in force at 28.8.2005 by S.I. 2005/2425, art. 2

[^key-2ece0597968bebdd4fc13d456b0bc19d]: S. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-b95b3574e1cf64cd724ac026b7d6fd48]: S. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-007aaf3e334dbf6b866086eebd1bbd26]: S. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-b306e2bc88bcd1a7ddf8e59ed354d4ad]: S. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-65b43550523c1d5a968740c122cadfe9]: S. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-a618878e295c33b03e19a969364b4696]: S. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-6646c7f4c365a21482ee3a071bab244a]: S. 7(1)-(4) in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-ead3d10ac4f68694043d16be3dfb5370]: S. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-cf4823f79defe615dd2f4aab074bf0e0]: S. 9 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-81ba74931791242544b9c514e646129f]: S. 10(1)(2) in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-724396d7c1cea79e6def6d91fd116934]: S. 11 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-5406668209d2769836cfd1ff6f177ab6]: S. 12 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-f311b651656672d1f0602415e79144af]: S. 13 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-b2a71aaed0a6ab09bad79f4f8d6eac16]: S. 14 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-4342400c2fc80f5a4711488a82a32a99]: Sch. 1 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-342fcaad9c5718f93f7b64c40ce4d637]: Sch. 1 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-2dfb886448615136292a150ba333db6c]: Sch. 1 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-7570cee8e02261008eb60d0e4e23d5af]: Sch. 1 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-1daabb276618981604ad8d7682705549]: Sch. 1 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-ae6198d85490e65ecc82f3f713b78906]: Sch. 1 para. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-01ea4aa1cd180b9c7b4cbf71baaa1b7b]: Sch. 1 para. 7 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-05467f5cd0d4cd03995238c5cbe9560c]: Sch. 1 para. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-d1c8e7778c7ec15270453c44a97e5fad]: Sch. 1 para. 9 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-0d136993cea27472b0714224d7525ff9]: Sch. 2 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-dec3bbf6b327fd304245fcab309fab30]: Sch. 2 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-1d7162a3f93519227a5baca88bcc3803]: Sch. 2 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-672234f259b3d57a0912fef0a33db3d6]: Sch. 2 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-ab3841c43a282ffda1e41bb3cbc8268f]: Sch. 2 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-854c2edaff328509dea951726d994e67]: Sch. 2 para. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-1f4a1811b3d434dc768172bc897f6d87]: Sch. 2 para. 7 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-5cf075832421401aa9a5ccb36dcc9374]: Sch. 2 para. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-15205383211bcec66a57537adee49cca]: Sch. 2 para. 9 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-6096565bd12d7c641a90fd1c99b2593f]: S. 15(1)-(4) in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-69f4c695e2b04838b2dd9582d9484b6e]: S. 15(5) in force at 1.10.2005 for specified purposes by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-c577eadb7568835c38494e88bc76ff36]: S. 16 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-c5d356cfd6b880449ac2e89098656bb9]: S. 17 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-f06ea28d7e32b4b467d44f2ac78c33bb]: S. 18 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-c7b0fd9560b71dd9d9f2ce5ddc2f4cb9]: S. 19 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-a042d17b930c976d22038f077c78f4bb]: S. 20 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-dacf6157909667524a0e98d038c49e45]: Sch. 4 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-07a6b1623cb5fe629e1b5b59f3fda1f0]: Sch. 4 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-13a4f10f011b86b6171074cd53aca478]: Sch. 4 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-854d79b3c2d9eb15711238e04f05adc1]: Sch. 4 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-9d27629c47d42a74dad00925a524ca04]: Sch. 4 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-9682c8675e3d8f87aa9db00c7f3462d3]: Sch. 4 para. 6 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-c478c93601e4413717d9db8016a9a53a]: Sch. 4 para. 7 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-bd934cda4d60ab5538a2d8e2caa18181]: Sch. 4 para. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-0ef4c549107f7ec75a52c22af4412916]: Sch. 4 para. 9 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-d6789d9375bf4b308fe1e6bb67040485]: Sch. 4 para. 10 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-53266d1c4b6f5f7006d064a040b90d90]: Sch. 4 para. 11 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-1617af526912e63d0fed1cda1fe53e59]: Sch. 4 para. 12 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-2ca5ba7156773f839b2a916b35d87612]: Sch. 4 para. 13 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-3cc702cb8473f73bc100c19a40810e26]: Sch. 4 para. 14 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-59d1b8a9d707052eeeb630e1a29b5a71]: Sch. 4 para. 15 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-8675c0c983aa8b7fa6b13ce1e27ce6ae]: Sch. 4 para. 16 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-1b3ec957ac134331f3b3496eed594a54]: Sch. 4 para. 17 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-5cb6450a40eeb8e48a5c917c61dcbc57]: Sch. 4 para. 18 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-24ee37ff6dc453373e565bb99a7fda89]: S. 21 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-14e622576cc1c3495b32e2ed979f03d3]: Sch. 5 para. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-a4b071c37eddb0469ff585449521afdd]: Sch. 5 para. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-fcbfb42681282dede819a9b33d7d3dee]: Sch. 5 para. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-46fba54db6b155ba81a6175344803abb]: Sch. 5 para. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-b5c03fbe1f5bf2a1e3a4a874d5e35b13]: Sch. 5 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-79cfce92155c1cce7691cca5be9e0020]: S. 22 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-6bef621c01ab07435ffe3fe62096efcc]: S. 23 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-0966cc1b72f0f252599d0f59622b054d]: S. 24(1)-(8) (10) (11) in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-800fd018199ead9ff80a4e1821bac3f8]: S. 25 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-b7b2e216c53af8c93a9bfda43b5b0d55]: S. 26 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-5391dcde7065d38af1dc30fc0878a325]: S. 30 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-1a27883f9c1f444edf716b910604c420]: Sch. 6 Pt. 1 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-379c28ddae7fe85903a9455eaeb8fc31]: Sch. 6 Pt. 2 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-5c44b9d42e5be1d3dc3c9e4aa87f2337]: Sch. 6 Pt. 3 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-5353a7226789f291e593934a816e9c37]: Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-bc872ee61caa103a0e3bd2db62a0b44e]: Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

[^key-5ce35a82ae7fcafe9bafeaa4126aafbd]: Sch. 6 Pt. 4 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)

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