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Gambling Act 2005

Neal Fearns - December 2006
Neal.Fearns@kirklees.gov.uk

The Gambling Act 2005 is being currently being implemented and will come fully into force in September 2007. This will update and change the way gambling is licensed in Great Britain. We will be the licensing authority for Kirklees and will be working with the national regulator, the Gambling Commission.

Key Features of the Act
  • Gambling operators will require an operating licence and any relevant personal licences from the Gambling Commission.
  • The relevant local licensing authority will issue a premises licence - for premises based in Kirklees this will be Kirklees Council.
  • Decisions by both bodies will be made in accordance with the licensing objectives. These are:
  • Keeping gambling crime free
  • Making sure that gambling is fair and open
  • Protecting children and vulnerable adults
The Gambling Commission
Under the Act the Gambling Commission will take over from the Gaming Board for Great Britain. The Commission's tasks will include issuing personal and operating licences, publishing codes of practice and carrying out enforcement.

The Gambling Commission will liaise with the licensing authority to collect information to help it in its duties and to advise the government about gambling in the United Kingdom.

Local licensing authorities
Kirklees will issue premises licenses for:
  • Casinos
  • betting offices
  • race tracks
  • bingo clubs
  • adult gaming centres
  • family entertainment centres
Kirklees will also issue permits for:
  • gaming machines in members' clubs and licensed premises
  • gaming in members' clubs
  • prize gaming and unlicensed family entertainment centres
Kirklees will also approve temporary use notices and issue provisional statements. Provisional statements are issued before a building is built or altered for the purpose of gambling.

Fees
The fee framework will be set by the central government.

Gambling policy
Kirklees is required to consult upon and produce a statement of licensing policy. This will show how we will work under the act and will last for a maximum of three years. The policy will also be reviewed from time to time.

Timetable
  • August - early November 2006 - draft licensing policy consultation
  • January 2007 - Gambling Policy published
  • End of January 2007 - receive applications for premises licences
  • September 2007 - new gambling regime comes fully into force and gambling premises must have permissions under the Act. Old licences will no longer be valid.
Draft Gambling Policy Consultation
Under the Gambling Act 2005 Kirklees Council will soon licence all bookmakers, casinos, amusement arcades and bingo halls and issue various other gambling permits.

As part of the new Act the council is required to publish a Statement of Gambling Policy which outlines how we will promote the three licensing objectives of:
  • 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.
Following extensive consultation with stakeholders, the statement of Gambling Policy (PDF 243kb) for Kirklees was approved by the council on 29 November 2006. This policy comes into effect on the 31 January 2007 and will be used alongside the gambling objectives and other guidance/codes from the Gambling Commission to determine applications under the 2005 Act from the end of April 2007.

The policy will be reviewed a minimum of every 3 years but in the meantime should you wish to comment on anything relating to the policy please send to:

Licensing Service
Queensgate Market Arcade
Princess Alexandra Walk
Huddersfield
HD1 2UH

Tel 01484 223470
Fax 01484 223477

Or email licensing@kirklees.gov.uk

In line with council obligations, policies and commitments we would particularly welcome the views of under represented and minority groups.
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