Gambling - Premises Licence
This Authority is responsible for licensing premises that are used for gambling or offer facilities for gambling.
Summary
This is broken down into five premises licence types:
· Casino Premises
· Bingo Premises
· Adult Gaming Centres (AGC)
· Family Entertainment Centres (FEC)
· Betting Premises (Track or other e.g. a Betting Shop)
Application Process
Please make sure that you have read and understood our Statement of Principles for Gambling (Gambling Policy) and the Gambling Commission's guidance before completing your premises licence application.
An application must be made to the Licensing Authority in whose area the premises are situated.
To apply for a premises licence you must:
· Hold an Operating Licence issued by the Gambling Commission, which authorises you to carry on the gambling activity in respect of which the premises licence is sought, or,
· Have made an application to the Gambling Commission which has yet to be determined, for an Operating Licence which will authorise you to carry on the gambling activity in respect of which the premises licence is sought (the premises licence cannot be determined until an operating licence has been issued).
· Have the right to occupy the premises to which the licence relates.
An applicant must be 18 years or over and can be an individual, company or partnership.
The licence application must be made using the prescribed application form. The application must be accompanied by:
· The prescribed application fee.
· A scaled plan of the premises.
· The Gambling Local Area Risk Assessment for the premises.
Applicants must publish notice of their application and notify the Responsible Authorities and other persons about the application. This will allow representations to be made (if appropriate).
Notice must be given in three ways:
· A notice placed outside the premises for 28 consecutive days in a place where it can be read conveniently.
· In a newspaper of local relevance, on at least one occasion within ten days of the application being made.
· To all the Responsible Authorities within seven days of the application being made (the Gambling Commission is one of these Responsible Authorities).
If an application is submitted without a fee or one of the required documents, it may be considered incomplete and returned to the applicant. If the applicant has failed to meet any statutory requirement after the application has been made, it could lead to the application being invalidated and the process starting again.
Determining the Application
If no valid representations are received during the statutory consultation period, the Licensing Authority will determine the application without the need for a licensing hearing. The Licensing Authority may grant or reject the application.
A public hearing must be held if any valid representations are made in respect of the application or if the Licensing Authority wants to add to or exclude a condition from the licence. If a hearing is held, the licence can be granted, granted subject to additional conditions, granted subject to conditions being excluded from the licence or the application can be rejected.
Each premises licence that is issued by the Authority will be subject to the Mandatory or Default conditions associated with that gambling activity. The Mandatory and Default conditions are as set out in the Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007.
You can view the mandatory and default conditions regulations here:
https://www.legislation.gov.uk/uksi/2007/1409/contents/made
Mandatory conditions cannot be varied or removed in any way. However, applicants for new licences can request in their application to have the default conditions either removed from the licence or amended. For an existing licence holder a variation application is required to make changes or remove these default conditions.
Appeal Process
Applicant or Licence Holder: If an application is rejected or granted subject to conditions that the applicant is not satisfied with, the applicant may appeal the Licensing Authority's decision.
Responsible Authority or Interested Party: If an application is granted, a Responsible Authority or any person who made valid representations may appeal the Licensing Authority's decision.
Appeals are made to Lincolnshire Magistrates Court within 21 days of receiving notification of the decision.