Gambling Act 2005 - an Overview

The Gambling Act 2005 controls all gambling and lottery competitions with the exception of the National Lottery and spread betting.

The Objectives

The Act created three objectives:-

1. To prevent crime and disorder;
2. To ensure gambling was conducted in a fair and open way;
3. To protect children and vulnerable persons from harm.

Areas Covered

The major areas of gambling covered are:

• Casinos
• Track betting
• Betting shops
• Gaming machines
• Bingo
• Prize gaming
• Lotteries

Categories

The Gambling Act 2005 provides for three categories of licence:

Operating Licences – Individuals and companies who intend to provide facilities for certain types of gambling must obtain an operating licence from the Gambling Commission. In general, these licences cover the principal commercial forms of gambling operation.

Personal Licences – These are granted to individuals. For each operating licence at least one person should hold a specified management office and that person must hold a personal licence from the Commission.

Premises Licences – These will be granted by Licensing Authorities and may authorise the provision of facilities in certain types of premises.

Responsibility for administration of the regime is shared between local authorities, which are licensing authorities under the Act, and the Gambling Commission.

The Gambling Commission is independent of the Government. It will issue operating licences to providers of gambling and personal licences to certain personnel in those operations. Its remit will encompass most of the main forms of commercial gambling and will have extensive powers over its licensees.

Responsibilities

Licensing Authorities’ main responsibilities will be:

• Licence premises for gambling activities
• Consider notices given for the temporary use of premises for gambling
• Grant permits for gaming and gaming machines in clubs and miners’ welfare institutes
• Regulate gaming and gaming machines in alcohol licensed premises
• Grant permits to family entertainment centres for the use of certain lower stake gaming machines
• Grant permits for prize gaming
• Consider occasional use notices for betting at tracks
• Register small societies’ lotteries

Relevant Documents and Application Forms are provided in related documents below.