Gambling Act 2005

As the licensing authority for Hart, it's our duty to regulate gambling in the public interest

Introduction

The Gambling Act 2005 covers all gambling activities in the UK. It gives us an important role in regulating gambling in Hart.

The Act requires us to promote three licensing objectives. You must apply them when operating gambling premises:

  • preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime
  • ensuring that gambling is conducted in a fair and open way
  • protecting children and other vulnerable persons from being harmed or exploited by gambling

Our main functions under the Act

  • licensing premises for gambling activities
  • maintaining a register of premises licences
  • considering notices given for the temporary use of premises for gambling
  • granting permits for gaming and gaming machines in clubs and miners’ welfare institutes
  • regulating gaming and gaming machines in alcohol licensed premises
  • granting permits to family entertainment centres for the use of certain lower-stake gaming machines
  • granting permits for prize gaming
  • considering occasional use notices for betting at tracks
  • registering small society lotteries

Types of licence

There are three types of licence under the Gambling Act 2005.

  1. Premises licence - you need one for a single specified gambling premises. Apply to us for a gambling premises licence.
  2. Operating licence - you need one to operate a specific gambling facility. Apply to the Gambling Commission for a gambling operating licence.
  3. Personal licence - for anyone responsible for managing and operating a gambling facility. Apply to the Gambling Commission for a gambling personal licence.

Rights of appeal

Only the applicant has a right of appeal where a gambling premises licence application has been rejected.

Where the application has been granted, the applicant has a right of appeal if they disagree with the conditions that have been attached. Anyone who made representations in relation to the original application also has the right to appeal if they disagree with conditions.

Appeals are made through the magistrates' courts and must be made within 21 days of the relevant decision.

Where action has been taken as a result of a review of a gambling premises licence, the licensee has a right of appeal.  Anyone  who made representations in relation to the review, the person who applied for the review, or the Gambling Commission also has the right of appeal.

Offences and penalties

The Gambling Act 2005 is underpinned by a number of specified offences. If convicted of an offence under the Act, you could face a fine and/or a prison sentence.

To avoid breaking the law, it is important that applicants and licence holders are familiar with the law and the offences it specifies.

Gambling Act 2005

Useful documents

Joint documents are issued with our partner authority, Basingstoke and Deane Borough Council.

View our joint statement on gambling

View our joint licensing enforcement policy