Permits

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licensing.unit@adur-worthing.gov.uk

Unlicensed FEC Permit Image

Gambling Act 2005 - Permits

Gambling Act Permits are issued to premises that either offer very low-stakes and prizes gambling, or premises whose primary function is not the provision of gambling facilities. Therefore, the only premises eligible to apply to licensing authorities for permits are:

•  Unlicensed Family Entertainment Centres
•  Alcohol Licensed Premises (under Licensing Act 2003)
•  Clubs, both commercial and non-commercial
•  Premises wishing to offer commercial prize-gaming

In contrast, Worthing Borough Council as the Licensing Authority issues premises licences to premises whose primary function is to provide gambling facilities and, in the case of casinos, bingo and betting shops, offer gambling with comparatively high stakes and prizes. Premises licences form part of a robust licensing regime which includes operating licences and personal licences. Premises licences are issued for:

• Bingo halls
• Betting shops and tracks
• Adult Gaming Centres
• Licensed Family entertainment Centres

Worthing Borough Council is responsible for issuing the following types of permit:

•  Family Entertainment Centre Gaming Machine Permits
•  Prize Gaming Permits
•  Licensed Premises Gaming Machine Permits (licensing authorities will also receive notifications of a licensed premises’ intention to exercise its automatic entitlement to two gaming machines)
•  Club Gaming Permits
•  Club Machine Permits

In addition to the fundamental difference outlined above, there are several key differences between permits and premises licences:

• Permit applicants/holders are not required to have operating licences
• There are no responsible authorities or interested parties in relation to permit applications
• Licensing authorities can only grant or reject permits, they can not attach conditions.
• Gambling Commission have less power and involvement in relation to permits than they do with premises licences.
• With the exception of permits relating to alcohol licensed premises, permits are of limited duration.

Worthing Borough Council's role in the issuing of such permits is to:

• Accept Operators applications
• Dictate the form and manner of unlicensed FEC and Prize Gaming permits and stipulate any additional information required.
• Determine applications, which, in some cases, may involve consultation with the police and the Gambling Commission

Applicants should note that in general, the licensing authority has more discretion in the determination of permit application than with premises licences because:

• There are no interested parties/responsible authorities to make representations(although the case of club permits, the police and Gambling Commission can make objections)
• In the case of unlicensed FECs and prize gaming permits licensing authority need not have regard to the licensing objectives when determining applications
• In the case of alcohol licensed premise permits licensing authorities can take into account “other matters…they think relevant” in addition to the licensing objectives and guidance

However, in the case of club permits, the Gambling Act imposes limits on a licensing authority’s discretion to refuse an application.

Once a permit is issued, The council's Licensing Unit is responsible for the maintenance of permits.

The following Guidance has been issued to assist operators apply for a permit: 

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