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Regulation of gambling

In accordance with Section 153 of the Act, in making its decisions about premises licences and temporary use notices, licensing authorities should aim to permit the use of the premises for gambling in so far as it thinks it:

• in accordance with any relevant code of practice issued by the Gambling Commission;
• in accordance with any guidance issued by the Gambling Commission;
• reasonably consistent with the licensing objectives; and
• in accordance with the Authority’s statement of licensing policy.

Regulation of gambling in Great Britain will be achieved through a variety of measures established under the Act.  These include:

• Secondary legislation;
• Conditions on licences;
• Codes of Practice; and
• Guidance.

The Act addresses the significant technological advances that have taken place within this field in the last 40 years.  The Act requires regulation of gambling where the player is not present on the operator’s premises.  For example, operators based in Great Britain must obtain an operating licence to authorise the provision of gambling via remote communication e.g. via interactive television or the internet.  This particular type of gambling will be regulated by the Gambling Commission.  Moreover, the new licensing system has been designed to keep pace with technological developments, so that, subject to appropriate Parliamentary approval, gambling delivered by new, unforeseen methods can be regulated in the future.

The Act revises the law of gambling.  For example, commercial bingo premises and casinos will no longer have to operate as clubs with a 24 hour membership rule (making them places to which the public will now have access). A brief overview of those changes are outlined below:

Casinos

The Act makes significant changes to the regime for casinos.  It removes certain regulatory controls which existed under the Gaming Act 1968.  Three categories of new casinos are introduced consisting of regional, large and small.  These are defined according to a casino’s size.  A casino’s category affects what forms of gambling can be provided at the casino.  For example, a casino’s gaming machine entitlement depends upon which category it falls into.  There will be a minimum size limit for new casinos established under the Act.

The Act imposes an initial limit of 1 regional casino, 8 small and 8 large casinos to be licensed under the Act.  There are powers to amend these limits or remove them entirely, subject to appropriate Parliamentary approval.  Casinos which are currently licensed before the new provisions of the Act come into force will be allowed to continue to operate.  This will be provided for by means of transitional provisions. 

 A power is provided for licensing authorities to pass resolutions not to licence any new casino premises in their area.

Gaming machines

The Act introduces a new regime for gaming machines.  A new definition of gaming machine is provided, together with power to prescribe categories.  The Act provides certain entitlements for commercial operators to use specified numbers and categories of machines under their licence.  It also establishes permit procedures for authorising use of the lower stake gaming machines in specific locations.

Lotteries

A revised regime for the regulation of lotteries is contained within the Act which builds upon the existing provisions contained within the Lotteries and Amusements Act 1976 which will subsequently be repealed when the Act comes into effect.

The Act regulates lotteries in two ways: either as exempt lotteries, or as licensable lotteries.