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Frequently Asked Questions - Gambling Act 2005
Questions 1 - 5: General.
Questions 6 - 12: Bingo.
Questions 13 - 20: Poker.
Questions 21 - 23: Lotteries.
Questions 24 - 26: Casino.
Questions 27 - 37: Miscellaneous.
- Q: 1 - How do I view the statement of principles from the Gambling Act?
- Q: 2 - What are the licensing objectives under the Gambling Act?
- Q: 3 - What types of licence are required by the new Act?
- Q: 4 - What are the regulations for gambling premises on Christmas Day?
- Q: 5 - When is my First Annual Fee due?
- Q: 6 - Are there any Bingo rules of play?
- Q: 7 - Can Bingo be played on the premises of a private members' or proprietary club?
- Q: 8 - Can I run a Bingo without obtaining a licence?
- Q: 9 - Can social clubs hold bingo games for their members?
- Q: 10 - Can someone aged under 18 work in a bingo club?
- Q: 11 - Can young people under the age of 18 be admitted to a bingo club?
- Q: 12 - I am a publican and would like to play bingo on the premises for the benefit of my customers
- Q: 13 - Can I get a poker licence?
- Q: 14 - Why are there restrictions on poker?
- Q: 15 - Can I run a poker night for charity?
- Q: 16 - Can I run an online poker site?
- Q: 17 - Can I set up a poker club or poker games in a private member's club?
- Q: 18 - Can we play poker at home?
- Q: 19 - Can we play poker in our local pub?
- Q: 20 - Can we set up a poker tournament?
- Q: 21 - An organisation has contacted me and claims that I have won a prize in a lottery that I didn't enter. What should I do?
- Q: 22 - I run a small lottery for a local golf club, do I need a licence?
- Q: 23 - I would like to run a lottery, can I?
- Q: 24 - Can I hold a casino night?
- Q: 25 - Can I organise a casino night at which proceeds go to charity?
- Q: 26 - Can I organise a commercial casino night?
- Q: 27 - Can I run a "race night" for charity?
- Q: 28 - Can I set up a prize competition or free draw?
- Q: 29 - Is there a statutory definition of the level of skill required for competitions?
- Q: 30 - I am running a corporate or private function with entertainments to raise money for a charitable cause
- Q: 31 - I am the owner/manager of my betting shop and I employ three staff. Will I be exempt from the Gambling Act?
- Q: 32 - If my premises have not yet been built or I don't have a premises
- Q: 33 - Am I breaking UK law if I gamble on the internet?
- Q: 34 - Can I apply for a premises licence even if my Operating licence application has not yet been determined/issued?
- Q: 35 - Can owners of tracks and sporting venues hold a premises licence even though they may not hold an operating licence?
- Q: 36 - With the exception of tracks, can a premises licence be issued to an applicant who doesn't hold an operating licence?
- Q: 37 - Will I still need to pay a licence fee if I decide to withdraw my application?
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Q: 1 - How do I view the statement of principles from the Gambling Act?
A: It can be downloaded from the Teignbridge District Council (TDC) website, or you can obtain a hard copy by contacting the Licensing Section at Forde House, Brunel Road, Newton Abbot, or telephone 01626 215108 / 215165 / 215187.
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Q: 2 - What are the licensing objectives under the Gambling Act?
A: The objectives under the Gambling Act 2005 are - (1) preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime; (2) ensuring that gambling is conducted in a fair and open way; and (3) Protecting children and other vulnerable persons from being harmed or exploited by gambling.
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Q: 3 - What types of licence are required by the new Act?
A: An operator licence and a personal licence, if required, are issued by the Gambling Commission and a premises licence/permit, if required, are issued by the Licensing Authority.
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Q: 4 - What are the regulations for gambling premises on Christmas Day?
A: According to section 183 of the Gambling Act 2005, premises shall not be used to provide facilities for gambling on Christmas Day, that is, at any time during 25 December. This does not prevent a gambling business from opening during usual business hours and offering any other permitted activities such as the provision of food, drink or entertainment. The Commission has an overriding duty to pursue and have regard to these objectives, and to permit gambling in so far as it thinks is reasonably consistent with them.
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Q: 5 - When is my First Annual Fee due?
A: Your first annual fee must be paid in full within 30 days of your licence being issued.
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Q: 6 - Are there any Bingo rules of play?
A: There are no legal definitions of the game of bingo or a standard set of rules under which the game is played but the game and its rules have evolved over the years to the point where, despite the absence of any formal industry standard, the way in which bingo is played is the same throughout Great Britain.
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Q: 7 - Can Bingo be played on the premises of a private members' or proprietary club?
A:
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Q: 8 - Can I run a Bingo without obtaining a licence?
A: From 1 September 2007, under the Gambling Act 2005, bingo can be played in pubs and clubs provided that total stakes or prizes do not exceed £2,000 in any seven day period (e.g. seven lots of £285). Clubs can also register for a club gaming permit to offer bingo, however they would need to apply for a bingo operating licence and satisfy the application criteria if the stakes or prizes exceeded £2,000 in any seven day period, and they intended to exceed this amount again. An organiser could provide bingo at a non-commercial event, such as a fundraising event. Section 297 of the Gambling Act defines non-commercial gaming. An event is non-commercial if the arrangements for the event are such that no part of the proceeds are to be appropriated for private gain. The whole proceeds of the event, after deducting reasonable expenses, must be devoted to purposes other than private gain.
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Q: 9 - Can social clubs hold bingo games for their members?
A:
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Q: 10 - Can someone aged under 18 work in a bingo club?
A:
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Q: 11 - Can young people under the age of 18 be admitted to a bingo club?
A: People under the age of 18 are not excluded from admission to, or being present on premises licensed for bingo, provided that they do not take part in the playing of bingo. It may be, however, that company policy or the club rules do not permit persons under the age of 18 to be on the premises.
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Q: 12 - I am a publican and would like to play bingo on the premises for the benefit of my customers
A: You do not need an operating licence if you provide bingo in premises with an on-premises alcohol licence as long as you do not exceed the stakes negating the operator's licence. The games must be for adults only, must not be linked with games played on other premises, are subject to restrictions on stakes and prizes, a prohibition on levies on stakes or prizes and on participation fees and the bingo must not be "high turnover"*. Section 279-281. (*For prize gaming in pubs and clubs, Section 281 of the Act sets out the limits for high turnover bingo)
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Q: 13 - Can I get a poker licence?
A: Poker is considered a casino game, and commercial operators wishing to provide poker must apply for the relevant operating licence. Limited stake poker (£10 per person per day in clubs, £5 per person per day in pubs) can be played without an operating licence, providing that the regulations relating to equal chance gaming and the code of practice on equal chance gaming are adhered to.
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Q: 14 - Why are there restrictions on poker?
A: Across the world 'Games of chance for money or money's worth' are invariably subject to legal controls. This is to protect the players and games from unfair or criminal exploitation. Poker is an 'escalating' game, and players may be drawn into risking larger and larger amounts without appreciating the odds of losing.
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Q: 15 - Can I run a poker night for charity?
A: Organisations that wish to provide poker for charitable or other non-commercial purposes (e.g. to raise funds for a club or society) may do so under the prize gaming provisions in Part 14 (section 300) of the Act.
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Q: 16 - Can I run an online poker site?
A: If you are based in Great Britain and wish to run an online poker site after 1 September 2007 then you will require an operating licence from the Gambling Commission.
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Q: 17 - Can I set up a poker club or poker games in a private member's club?
A:
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Q: 18 - Can we play poker at home?
A: Poker in residential premises is permitted, but those participating must be legitimate guests/friends of the occupant, i.e. members of the public cannot be invited to join in; nor can a charge be made for the gaming to take place.
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Q: 19 - Can we play poker in our local pub?
A: The Gambling Act 2005 allows equal chance gaming (including poker), but introduces strict conditions for any gaming, including limits on stakes and prizes, and provides licensing authorities with powers to take action against individual premises in a range of circumstances. The regulations set a fixed limit of £5 per game on the amount that may be staked by a player in any type of equal chance gaming in pubs and other premises with a bar. There is also a limit on prizes of £100 per day. The Gambling Commission has issued a code of practice on equal chance gaming in pubs and clubs.
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Q: 20 - Can we set up a poker tournament?
A: Poker tournaments can be run in clubs and pubs provided that the regulations and code of practice on equal chance gaming are adhered to. Games in your own home, between friends, which are run on a non-commercial basis, are perfectly legal.
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Q: 21 - An organisation has contacted me and claims that I have won a prize in a lottery that I didn't enter. What should I do?
A: Do not send any money or personal details to anyone who says that you have won a prize or anything else in a lottery or sweepstake that you have not previously entered. Such claims are almost certainly frauds. You may be asked to pay a 'fee' before the 'prize money' is released: never respond to any such requests for advance payment.
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Q: 22 - I run a small lottery for a local golf club, do I need a licence?
A: If you run what is known as a 'small society lottery' you are required to register with your local authority and pay an annual fee. The definition of a small society lottery is where you expect that the proceeds of the lottery will be less than £20,000 in a single lottery, and £250,000 in separate lotteries in one calendar year. In these circumstances you are currently required to register with your local authority.
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Q: 23 - I would like to run a lottery, can I?
A: Lotteries can only be run in support of good causes, not for private or commercial gain. Under the 2005 Act a lottery can be either a simple lottery or a complex lottery.
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Q: 24 - Can I hold a casino night?
A: Casino gaming includes games like roulette and blackjack where players compete against the "house" or a banker, rather than against one another on equal terms. Organisations that wish to provide casino games for charitable or other non-commercial purposes (e.g. to raise funds for a club or society) may do so under the prize gaming provisions in Part 14 of the Act.
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Q: 25 - Can I organise a casino night at which proceeds go to charity?
A: For many years, commercial organisations have offered to provide equipment and gaming staff to persons organising non-commercial casino nights. Organisers will not require a licence or a temporary use notice for these events provided that the event is a non-commercial event as defined in section 297 of the Gaming Act 2005. The organiser can provide non-commercial prize gaming and non-commercial equal chance gaming provided that the conditions set out in section 299 and section 300 of the Act are met.
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Q: 26 - Can I organise a commercial casino night?
A: For many years, commercial organisations have offered to provide equipment and gaming staff to persons organising casino nights. From 1 September 2007, under the Gambling Act 2005, it will be illegal to organise a commercial casino night outside of a licensed casino.
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Q: 27 - Can I run a "race night" for charity?
A: "Race nights" are events in which participants stake money on the outcome of recorded or virtual races, where the selection is totally dependent on chance, and where no "odds" or "form" are available to assist the selection.
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Q: 28 - Can I set up a prize competition or free draw?
A: The new Gambling Act seeks to clarify the distinction between lotteries on the one hand and competitions and free draws on the other. The Gambling Commission has consulted over the implications of these provisions and has published guidance which sets out its opinion of the implications of the provisions in the 2005 Act relating to lotteries, competitions and draws and in particular where the boundaries lie between the three.
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Q: 29 - Is there a statutory definition of the level of skill required for competitions?
A: Yes, in section 14(5) of the Gambling Act 2005 which came into full effect on 1 September 2007. The Commission published a paper which set out our opinion of the implications of the provisions in the 2005 Act relating to lotteries, prize competitions and free draws and in particular where the boundaries lie between the three.
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Q: 30 - I am running a corporate or private function with entertainments to raise money for a charitable cause
A:
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Q: 31 - I am the owner/manager of my betting shop and I employ three staff. Will I be exempt from the Gambling Act?
A: There are no general exemptions from the Gambling Act for small businesses so the law will apply to you. However, if you are classed as a 'small scale operator' you may not need to obtain any personal licences.
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Q: 32 - If my premises have not yet been built or I don't have a premises
A: A Provisional Statement is when an applicant for whatever reason, is unable to make a premises licence application but wishes to progress with a project for premises that are expected to be constructed, altered, or acquire a right to occupy. You can submit an application form for a Provisional Statement, proposed plan, and other information in relation to the construction, alteration or acquisition with the fee (this would depend on which premises licence you are applying for). The application would also be required to be advertised and served on the Responsible Authorities.
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Q: 33 - Am I breaking UK law if I gamble on the internet?
A: There is nothing in current legislation which makes it illegal, or seeks to prevent British residents gambling on the internet in their own homes.
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Q: 34 - Can I apply for a premises licence even if my Operating licence application has not yet been determined/issued?
A: Yes, although your premises licence can not be determined until after your operating licence has been decided.
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Q: 35 - Can owners of tracks and sporting venues hold a premises licence even though they may not hold an operating licence?
A: Yes, if betting is provided by betting operators who go onto the track on race days rather than the track owners themselves. However, if the track owner is entitled to offer pool betting facilities, such as the 29 greyhound tracks approved by the National Greyhound Racing Club, then the track owner will also need to hold a pool betting operating licence in addition to their track premises licence, to be able to offer such facilities.
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Q: 36 - With the exception of tracks, can a premises licence be issued to an applicant who doesn't hold an operating licence?
A: No, if the applicant does not hold a valid operating licence authorising them to provide specific facilities for gambling then they cannot be issued with a premises licence. The applicant may apply for both types of licence concurrently, but the premises licence may not be issued ahead of the operating licence being issued.
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Q: 37 - Will I still need to pay a licence fee if I decide to withdraw my application?
A: The application fee is non refundable, therefore if you decide to withdraw your application at any stage, you will forfeit your application fee in full.
