David Lucas, FBII, MIoL

This Practice Note discusses the procedure for appealing against a decision of the Gambling Commission. It includes information on fees and time limits.

This Practice Note sets out the circumstances in which the different categories of club (members’, commercial and miners’ welfare clubs) are entitled to provide gaming and gaming machines without a permit. It explains the limitation of the exemptions, the circumstances and type of permit required for a club, how it is applied for and how decisions are made. It also explains the circumstances when an alcohol licensed premises is entitled to provide gaming and gaming machines relying on the alcohol licence where certain conditions are met and appropriate notice is given together when exemptions can be removed and how decisions can be challenged. It considers rules on bingo in pubs and clubs and the circumstances in which a travelling fair can provide gaming with out a specific authorisation.

This Practice Note considers what constitutes as a gaming machine for the purposes of the Gaming Act 2005 (GA 2005) and what offences may be committed when breaches occur. It also discusses the operation of lotteries including the distinction between simple and complex lotteries, rules on promoting lotteries, exempt lotteries and offences arising from breach of the provisions.

This Practice Note explains the circumstances when a premises licence is required to authorise gambling activities. It explains the types of premises licences required for each activity, the eligibility criteria, the application process to the licensing authority from application through advertisement to hearing. It includes the mandatory conditions attached to a premises licence together with discretionary conditions. It also covers provisional statements and appeals against a licensing authority decision.

This Practice Note considers the three types of conditions that can be imposed on a premises licence granted under the Licensing Act 2003, namely mandatory, proposed and imposed conditions. It covers the detail of those conditions together with conditions that are not permitted.

This Practice Note sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003 (LA 2003). It covers the requirement for a licensing authority to establish a licensing committee to discharge its licensing functions and the option for a licensing committee to constitute one or more subcommittees to delegate most of its licensing functions. It also includes advice on best practice for licensing committees and/or sub-committees on how to conduct hearings and how to avoid common pitfalls.

This Practice Note explains what constitutes regulated entertainment together with permitted exceptions within the rules, the general principles for consideration by a licensing authority when considering such an application. It also sets out when specific exemptions from regulated entertainment will apply for those granted to health care providers, local authorities and school proprietors under the cross activity exemption.

This Practice Note expands upon the introduction provided in our Practice Note Introduction to premises licences by covering reviews of a premises licence. It covers who can initiate the review, how it should be conducted and how a decision can be appealed against. It also covers the processes for revoking, varying and transferring a licence together with the circumstances in which a licence lapses, and appeals against a licensing authority decision.

This Practice Note explains the regulatory role of the Gambling Commission (GC) and the investigation and enforcement powers it has to ensure that the three licensing objectives are upheld.