The Gambling Act 2005

The new Gambling Act 2005 came into force on 1 September 2007.  It replaces most of the existing law about Gambling in Great Britain and aims to put in place an improved, more comprehensive structure of gambling regulation.

It modernises 40-year-old gambling laws, ready to face the challenges of today and the future, while including a number of important protections.

The Gambling Commission has also been established as the new, independent national regulator for commercial gambling in Great Britain.

The new Gambling Act 2005 has three objectives:

   1.    Keeping gambling crime free

   2.    Making sure that gambling is fair and open

   3.    Protecting children and vulnerable adults

Hart District Council will be your local gambling licensing authority.

Hart District Council will now issue premises licences for the following

• Bingo
• Betting
• Adult gaming centres
• Family Entertainment Centres
• Casinos
• Horse racing and dog tracks

They will issue permits for

• Gaming machines in alcohol licensed premises, such as pubs
• Gaming machines for members clubs
• Other gaming activities in members clubs
• Category D machines* in unlicensed family entertainment centres
• Prize gaming

*Category D machines are those that can be used by children and have the lowest level of stakes and prizes

They will also register and issue:

• Small society lotteries
• Occasional and temporary use notices
• Provisional statements

The Statement of Principles

The new Gambling Act 2005 requires that all local authorities prepare, consult and publish a Statement of Principles which sets out the principles of how the local authority will manage the licensing of local gambling activities over the next three years.

Hart District Council has undertaken this exercise and local businesses and residents are encouraged to respond and make their views heard.  The Statement was published at the beginning of January 2007. The document can be downloaded using the link below.

The Gambling Act 2005, Statement of Principles

Local Residents

Local residents will be able to make representations to their local authority when an application is made to obtain a premises licence in their local area.  Residents may also make representations when an existing licence is varied or being reviewed.

Representations can only be made by interested parties or a responsible authority.  Local residents will generally meet the description of an interested party.

An interested party is a person who:

• Lives sufficiently close to the premises to be affected by the proposed activities
• Has business interests that might be affected by the proposed activities
• Represents people in either of the above groups (eg lawyer, accountant, councillor, community association, chamber of commerce etc).

Responsible authorities include those who are responsible for the well being of children and vulnerable people, and other public bodies such as the police.

A representation is a written response to an application that outlines concerns that a local resident has about a particular application or existing licence.

Representations must relate to the Gambling Commission’s Codes of Practice and /or Guidance to Licensing Authorities; the new Act’s objectives (as set out above); or Hart District Council’s Statement of Principles for the Act, if they are to be taken into account.

How will I know when a licence is being applied for or reviewed?

Licence applicants will be required to advertise their intention to apply for a licence for a set period, such as 28 days.  They must do so on, or close by to, the site itself and in a local newspaper.  A notice will also be placed on the licensing notice board outside the Civic Offices.

How do I make a representation?

To make a representation you will need to write to your local council about your concerns about a particular application or existing licence.  You will need to meet the criteria of an interested party” or a  responsible authority” and your concerns must be relevant.

The views you express in your representation must be relevant to the licence application and must relate to the Gambling Commission’s Codes of Practice and /or Guidance to Licensing Authorities; the new Act’s objectives (as set out above); or Hart District Council’s Statement of Principles, if these are to taken into account.  Copies of these documents can be obtained from either the Gambling Commission’s website (www.gamblingcommission.gov.uk) or that of Hart District Council (www.hart.gov.uk).

Your concerns should not be about gambling generally, nor should they be about planning issues, which should be addressed to the planning officer at Hart District Council, or anti-social behaviour issues, which should be reported to the Police.  You may ask a representative to write on your behalf.

If the licensing authority agrees that you meet the description of an interested party and that your concerns are relevant you will be invited to a formal hearing.  The applicant and other people who have made representations may also attend this hearing, at which the application is discussed.  You may ask a representative to speak on your behalf.

If, however, you decided that you want to withdraw your representations, or that you are happy for the local authority to determine the application without a hearing, you may give consent for the hearing to be dispensed with.  Our Licensing team may also endeavour to involve you in informal discussions to see if your concerns can be addressed prior to any hearing.  But, subject to your representation being relevant, you will always have the right to a hearing should you request it.

Hart District Council will advise you of the outcome of the application.  If a licence is to be granted, they will also advise you of the conditions under which gambling may take place.

What if I don’t agree with the decision?

Appeals against decisions made by local authorities in England and Wales are made to the Magistrates Court.

What if I have concerns about a gambling premises once it has been issued with a licence?

Hart District Council may review a licence at any time.  It may do this if local people have expressed relevant and serious concerns about a premises to the authority.

Will my local authority be able to stop casinos from operating in my area?

A local authority will be able to pass a resolution prohibiting the issue of any further licences for casinos in their local area.  This will not, however, prevent any existing casinos from continuing to operate.

For more information please contact Hart District Council’s Licensing section either by telephone on 01252 774496 or by email at licence@hart.gov.uk