THE GAMBLING ACT 2005

Consultation

Draft Statement of Principles – Gambling Act 2005- we need your comments.

Small changes have been made to the Statement of Principles - Gambling Act 2005 document and we need your comments and feedback before the final draft is presented to full council for adopting the policy on 12 December, 2012.

Draft Statement of Principles - marked up version

Draft Statement of Principles - clean version

Have your say by 24 October, 2012 by emailing licensing@maidstone.gov.uk or send your thoughts to Licensing Team, Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent, ME15 6JQ.

Maidstone Borough Council is responsible for issuing gambling and gaming licences and Temporary Use Notices for gambling-related activities in the Maidstone Borough under the Gambling Act 2005.

What licences are available for gambling activities and premises?

Gambling Premises Licence

If you intend to run premises specifically to provide gambling facilities within the Maidstone Borough, you need to apply for a Gambling Premises Licence from Maidstone Borough Council. We authorise:

Casino Premises Licences - enabling games to be played/staked against a bank and/or where each players' chances of winning are not equal
Bingo Premises Licences – for the provision of bingo equipment and sessions
Adult Gaming Centre Premises Licences – allowing the use of category B gaming machines at the premises*
Family Entertainment Centre Premises Licences – allowing the use of category C gaming machines at the premises*
Betting Premises Licences - enabling the provision of equipment for betting, by making or accepting bets or by acting as a betting intermediary
Tracks – allowing racing, such as horse or dog racing

With the exception of tracks for dog- or horse-racing, a premises licence cannot include more than one of the above. For example, Betting cannot take place at a Family Entertainment Centre.

If you intend to serve alcohol, or provide any regulated entertainment at your premises, you will also need a premises licence.

Gambling Permits

You need to apply for a gaming permit from Maidstone Borough Council for premises within the Maidstone Borough where you want to site gaming machines or hold infrequent gambling events. The following options are available:

Family Entertainment Centre Gaming Machine Permit (Unlicensed FEC) – allowing the use of category D gaming machines at the premises*
Club Permits (Club Gaming Permits and Club Machine Permits) – allowing registered clubs to hold games of chance or provide gaming machines for members’ use
Licensed Premises Gaming Machine Permits – allowing the use of gaming machines in premises licensed for the sale of alcohol and/or regulated entertainment
Prize Gaming and Prize Gaming Permits
Temporary Use Notices or Occasional Use Notices – allowing infrequent gambling events
Lotteries

*Follow the links for details from the Gambling Commission on the different categories of gaming machines and their associated stakes and prizes.

Please contact the Licensing Team in the first instance on 01622 602000 if you need any clarification over whether you need a licence, or what kind of licence you require.

Legal Regulations

The Gambling Act 2005 is regulated by the Gambling Commission, and controls all gambling activities.

How do I apply for a Gambling Licence?

Full information on how to apply for a licence for gambling premises is available under “Gambling Premises”.

Full information for how to apply to licence gaming machines, infrequent events or lotteries is available under “Gambling Permits”.

How much do gambling licences cost?

The licence fee payable varies greatly depending on which licence or administrative procedure you are applying for. Gambling Premises licence fees are set by Maidstone Borough Council, whereas Permit fees are set nationally by law.

The fee structure is set out clearly in the Maidstone Borough Council Gambling Fees table.

The Statement of Gambling Policy

Maidstone Borough Council has prepared a draft Gambling Act Policy Statement of Principles for 2013-2016 in accordance with the statutory requirement to publish a new statement every three years.

The draft document does not incorporate any substantial changes to the existing Policy Statement. The changes which have been made are of a technical nature to reflect recent changes to the relevant legislation or Guidance issued by the Gambling Commission.

The draft document includes proposed changes resulting from the draft Gambling Commission’s Guidance 4th Edition which is currently subject to consultation. In the event that the Gambling Commission’s Guidance 4th Edition is amended following consultation, the Council’s draft Policy Statement will be amended accordingly prior to publication.

Any comments you make will be duly considered prior to the formal approval of the document for publication.

If you wish to make any response please do so by email to

lorraineneale@maidstone.gov.uk or in writing to the address below.

Senior Licensing Officer

Maidstone Borough Council

Maidstone House

King Street

Maidstone

Kent

Me15 6JQ

The deadline for receipt of responses is Wednesday 24 October 2012.

The current Statement of Gambling Policy was agreed by the Council on 31^st January 2010. It sets out the policies that the Council applies when granting gambling licences. It was produced following extensive consultation with existing licence holders, businesses, residents, community groups and the emergency services. It is based on the following gambling licensing objectives:

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.

The Gambling Act requires all Licensing Authorities to prepare, consult on and publish a Statement of Gambling Policy, which will set out how the Authority will manage the licensing of local gambling premises over the next three years.

How do I object if someone's gambling licence application may affect me or my area?

Once the Council receives a valid application for a new licence or a change of licence, members of the public with a genuine interest have 28 days in which to make an objection. All objections must be in writing and sent to the Senior Licensing Officer, Maidstone House, King Street, Maidstone, Kent, ME15 6JQ.

If any objection is received, a hearing is held so that any interested parties or relevant authorities have the chance to make their views heard. Any decisions made will take these views into account.

Once a gambling licence has been granted, people who live or work in the vicinity of the licensed premises, or any relevant authority such as the police, may ask for a review of the licence if they feel they are being adversely affected by the operation of the licence.

If you have a complaint relating to gambling premises or suspect a premises is operating without the required licence, please contact the Licensing Team using the details to the right of this page.