The Gambling Act 2005, which came into force on 1 September 2007, replaced most of the existing laws about gambling in Great Britain and aimed to put in place an improved, more comprehensive structure of gambling regulation. Its three objectives are:
- 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; and
- protecting children and other vulnerable persons from being harmed or exploited by gambling.
The Gambling Commission has also been established as the new, independent national regulator for commercial gambling and it has a key role to play in implementation of the Act. Not only has it issued guidance for local authorities, but it will also issue certain licences, eg, operating and personal licences.
Local authorities issue premises licences for bingo, betting, adult gaming centres (AGC), family entertainment centres (FEC), casinos and horse racing and dog tracks. We also issue permits for prize gaming, gaming machines in alcohol licensed premises, members clubs and unlicensed family entertainment centres. We also register small society lotteries and issue occasional and temporary use notices and provisional statements.
Transitional Arrangements
Arcades
To operate after 1 September 2007, holders of Section 34(5E) permits under the Gaming Act 1968 who wished to operate as an AGC or licensed FEC had to make an application to the Gambling Commission (by 27 April 2007) for a gaming machine general operating licence and any personal licences required (by 29 June 2007) and to the local authority (between 21 May and 30 July 2007) for a premises licence. Former holders of a permit issued under Section 34(1) of the Gaming Act 1968 who wished to continue to operate as an unlicensed FEC needed to apply to the local authority (between 21 May and 30 July 2007) for a family entertainment centre gaming machine permit.
Betting Shops/Bingo Clubs
To operate a betting shop or bingo club after 1 September 2007, existing operators had to make an application to the Gambling Commission (by 27 April 2007) for an operating licence and any personal licences required (by 29 June 2007) and to the local authority (between 21 May and 30 July 2007) for a premises licence.
Alcohol Licensed Premises
Up to 31 August 2007 permit holders could apply to renew an existing Section 34 permit or for a first Section 34 permit in the normal way to the local authority. Section 34 permits will continue to have effect after 1 September 2007 as if they are a licensed premises gaming machine permit issued under the new Act. All existing Section 34 permits will cease to have effect on 31 August 2010.
After 1 September 2007 pubs will have automatic entitlement to two gaming machines (category C or D) subject to a notification procedure - notification, together with the prescribed fee, should be made to the licensing authority prior to the expiry of the existing Section 34 permit. To offer more than two machines, application will need to be made to the local authority for a licensed premises gaming machine permit prior to the expiry of the existing Section 34 permit.
Clubs
Up to 31 August 2007 application had to be made to the magistrates' court to renew Part II and Part III registrations or for a first registration in the normal way.
From 1 September 2007 a club registered under Part II or III will be treated as if it holds a club gaming permit under the 2005 Act. These arrangements will expire on the day on which current registration is due to expire and application should be made to the local authority for the relevant permit under the Gambling Act 2005 before the registration expiry date. The 2005 Act replaces the current system of registration with two new permissions - a club machine permit (equates to Part III registration) and a club gaming permit (equates broadly to Part II registration).
Section 34(1) Permits in Chip Shops, Taxi Offices etc
Existing permits continue to have effect after 1 September 2007 until the date they are due to expire or 31 July 2009, whichever is the earlier date. It will not be possible to renew such permits when they expire.
Licensing Policy
The Council is required to produce a licensing policy in relation to the exercise of its various functions under the Act. A single draft policy was prepared by co-operation with officers in each of the other district councils in Cumbria. A range of organisations and individuals was consulted and all responses have been considered. The policy was approved by the Council at its meeting on 14 December 2006.
Read Notice of Publication of the Policy (PDF: 14Kb / 1 page) alternatively
Read Notice of Publication of the Policy (Word Document: 24Kb / 1 page)
Read Gambling Act 2005 Licensing Policy (PDF: 219Kb / 42 pages) alternatively
Read Gambling Act 2005 Licensing Policy (Word Document: 262Kb / 42 pages)
The policy relates to the period from 2007 to 2010, but it will be reviewed and updated as appropriate. We welcome any comments that you might have on the policy.
It would assist if you would use the Licensing Policy Comments Form (Word Document: 26Kb / 2 pages) but it is not necessary that you do so.
The full text of the Gambling Act 2005 as originally enacted is available at the Office of Public Sector Information website. Further information about the Act is available from both the Gambling Commission and Department for Culture Media and Sport websites.
Application Forms and Fees
Application forms can be downloaded in Word and PDF format and more forms will be added as these are made available by the Department for Culture Media and Sport.
Details of fees are available on the Licensing Fees page on our website.
For further information
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Contact: Licensing Team, Town Hall, Penrith, CA11 7QF
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Office Hours:
Monday to Thursday 08.45 hours to 17.15 hours
Friday 08.45 hours to 16.45 hours
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Email: admin.licensing@eden.gov.uk
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Telephone: (01768) 212148 or (01768) 212209 or (01768) 212273
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Fax: (01768) 890470
