Gambling licensing policy

Licensing authorities (such as Buckinghamshire Council) are required by regulation under the Gambling Act 2005 to state the principles to be applied by the authority in exercising their functions under Part 15 of the Act in relation to the inspection of premises and their powers under section 346 of the Gambling Act to institute criminal proceedings in relation to specified offences.

We will be guided by national guidance and will endeavour to be:

• proportionate: regulators should only intervene when necessary and remedies should be appropriate to the risk posed. Costs should be identified and minimised
• accountable: regulators must be able to justify decisions and be subject to public scrutiny
• consistent: rules and standards must be joined up and implemented fairly
• transparent: regulators should be open and keep regulations clear
• targeted: regulation should be focused on the problem

As the national guidance advises, we will endeavour to avoid duplication with other regulatory regimes so far as possible. A risk-based approach to enforcement will be adopted based on:

• the licensing objectives
• relevant codes of practice issued by the Gambling Commission
• guidance issued by the Gambling Commission
• the principles set out in this statement of licensing policy

The Licensing Authority will also have regard to the Regulators’ Code issued by the Better Regulation Delivery Office.

The purpose of the Code is to promote proportionate, consistent and targeted regulatory activity through the development of transparent and effective dialogue and understanding between regulators and those they regulate. The Code also aims to promote efficient and effective approaches to regulatory inspection and enforcement, improving the outcome of regulation without imposing unnecessary burdens.

We will be guided by national guidance and will endeavour to be:

• proportionate: regulators should only intervene when necessary and remedies should be appropriate to the risk posed. Costs should be identified and minimised
• accountable: regulators must be able to justify decisions and be subject to public scrutiny
• consistent: rules and standards must be joined up and implemented fairly
• transparent: regulators should be open and keep regulations clear
• targeted: regulation should be focused on the problem

As the national guidance advises, we will endeavour to avoid duplication with other regulatory regimes so far as possible. A risk-based approach to enforcement will be adopted based on:

• the licensing objectives
• relevant codes of practice issued by the Gambling Commission
• guidance issued by the Gambling Commission
• the principles set out in this statement of licensing policy

The Licensing Authority will also have regard to the Regulators’ Code issued by the Better Regulation Delivery Office.

The purpose of the Code is to promote proportionate, consistent and targeted regulatory activity through the development of transparent and effective dialogue and understanding between regulators and those they regulate. The Code also aims to promote efficient and effective approaches to regulatory inspection and enforcement, improving the outcome of regulation without imposing unnecessary burdens.

The main enforcement and compliance role for licensing authorities under the Gambling Act is to ensure compliance with the requirements of premises licences and other permissions which it authorises.

In circumstances where the Licensing Authority is made aware of possible unlawful gambling activities at premises within the Council’s area, Licensing Officers will carry out investigations and take robust enforcement action where evidence of offences is established.

Any decisions made in terms of sanctions, including prosecution, will be made in accordance with the Code of Crown Prosecutors.

The Gambling Commission is the enforcement body for operating and personal licences.

Concerns about the manufacture, supply or repair of gaming machines are not within the remit of licensing authorities and should be notified to the Gambling Commission.

Licensing Authorities are required under the Act to:

• be responsible for the licensing of premises where gambling activities are to take place by issuing Premises Licences, including the investigation of complaints and review of licences
• issue Provisional Statements
• regulate members’ clubs and miners’ welfare institutes where certain gaming activities are proposed to take place by issuing Club Gaming Permits and Club Machine Permits
• issue Club Machine Permits to commercial clubs
• grant permits for the use of certain lower stake gaming machines at unlicensed Family Entertainment Centres
• receive notifications from alcohol licensed premises (under the Licensing Act 2003) for the use of two or fewer gaming machines
• issue Licensed Premises Gaming Machine Permits for premises licensed to sell or supply alcohol on the premises (under the Licensing Act 2003) where there are more than two gaming machines
• register small society lotteries which fall below prescribed thresholds
• issue Prize Gaming Permits
• receive, endorse and, if necessary, determine Temporary Use Notices
• receive Occasional Use Notices
• provide information to the Gambling Commission regarding details of licences issued (see information exchange)
• maintain registers of the permits and licences that are issued under these functions