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Gambling Act 2005

Forms and Fact Sheets

You can now download forms and get advice from our forms and fact sheets page.

Poker in Pubs and Clubs

We have many enquiries about poker and games of chance in pubs and clubs. The Gambling Commission has significantly amended and expanded the answers to many of these questions.

The most popular frequently asked questions on Poker are:

• Can I set up a poker club or poker games in a private members club?
• Can we play poker in our local pub?
• Can I get a poker licence?
• Can I run a poker night for charity?
• Can I run an online poker site?

New questions added to the site include:

• Can I apply for a premises-based licence restricted to poker and games of equal chance?
• Can a club be formed solely to provide facilities for gaming (including poker)?
• Am I allowed to award prizes to poker players in a club or pub, in addition to the maximum prize pools, if the prizes are given for free and not taken from the players' stakes?
• Can I promote other online gambling operators on my poker tournament website?
• Can a group of friends play poker in a village hall / non-commercial premises which does not hold an alcohol licence?

Find out more about poker in pubs and clubs from the Gambling Commission's Frequently Asked Questions page.

Advice on gaming in clubs and alcohol licensed premises: Gambling Act 2005

In the light of the interest in poker the Commission has been asked to give advice to licensing authorities and others on poker games, including tournaments and leagues, bingo and other equal chance gaming in clubs and alcohol licensed premises, as well as gaming at charity events.

The Commission has revised and updated its earlier advice following the full implementation of the Gambling Act 2005. This advice has been circulated to licensing authorities in England, Wales and Scotland and to chief officers of police.

This advice does not constitute guidance under section 25 of the Act.

The Commission will revise this advice from time to time in response to specific issues and concerns. This version was revised on 17 September 2008 to include a number of amendments and additions, including the provision of additional material on poker tournaments, gaming at charity events and advertising on poker websites.

More detailed information is contained in the Gambling Commission's press release.

Unlicensed Family Entertainment Centre Permits

Application can be made by occupiers / proposed occupiers of premises intended to be used by the applicant as an unlicensed family entertainment centre.

1. The application form is to be used for an application for a grant (or to request a change of name) of an unlicensed family entertainment centre gaming machine permit under the Gambling Act 2005 Section 247 and Schedule 10. This form can be used for both new applications and for

applications to convert an existing Section 34 permit under the Gaming Act 1968 in accordance with the Gambling Act 2005 Statutory Instrument 2006 / 3272.

2. An unlicensed family entertainment centre is entitled to provide an unlimited number of category D gaming machines available for use on the premises. Category C (adult) gaming machines CANNOT be made available for use and thus there will be no ‘designated adult areas’ required at the premises.

3. The permit’s duration is 10 years. A renewal application must be made 2-6 months before the expiry date of the permit (Schedule 10 paragraph 18 Gambling Act 2005).

4. The fee for a new application for grant is £300. The fee for the conversion of an existing Section 34 Gaming Act 1968 permit is £100. The fee for a change of name is £25.

5. This licensing authority must notify the applicant of its grant / refusal of the application for a permit as soon as is reasonably practicable after that decision to grant / refuse has been made.

6. These permits cannot be transferred. Change of name is only permitted where the permit holder changes his / her name or wishes to be known by another name (Schedule 10 paragraph 11(2))

2008-9 Gambling Act Fees (as set by Wychavon District Council)

Our fees for 2008-9 have now been set and are available to view  (195.00 KB).  Please ensure that applications are accompanied by the correct fee.

Betting in Pubs and Clubs

Regardless of the size of stake or prize, commercial betting in pubs and clubs is illegal, and people involved are breaking the law. Those involved in offering illegal facilities – including publicans and Club officials - face up to 51 weeks in prison, or a £5000 fine.

The Gambling Commission has published a leaflet  (127.76 KB) which sets out the position on betting in pubs and clubs under the Gambling Act 2005.

Don’t gamble on poker in your pub

From 1st September your customers can start playing poker, or any equal chance gaming, for cash in your pubs. It is important to know the limits and the conditions for playing. This article will tell you how.

Equal chance gaming is permitted in pubs and licensed premises as an exemption in the Gambling Act 2005. This means you do not have to notify anyone of the gambling. You can just play. But you must keep it within the limits. The exemption applies to equal chance gaming only, i.e. poker, bingo, or games without a banker.

The general rules are that there can be no charge for participating, nor a charge or levy or deduction from the stakes or prizes. Neither can there be linked games across premises. Under 18's cannot participate. The first limit is that the maximum amount that can be staked by a player on any game is £5.

There are no limits on the amounts that can be won (although see later, as there are limits for poker and bingo) but the games must be for 'low level' prizes. Low level is not defined. The DPS becomes the 'Gaming Supervisor' for the purposes of the legislation and is expected to take all reasonable steps to ensure that the limits are adhered to, including that the prizes are low level.

A Code of Practice applies which is extremely onerous. It defines the details on the gaming, including age checking, rules on equipment to be used, etc. The code actually recommends that cash poker is not permitted. According to the Codes the gaming supervisor must keep a record of the games played, number of players, and amount staked, to ensure that the individual and daily limits are not exceed. The supervisor must also ensure that the games are played in a 'pleasant atmosphere'. This could be interesting and is not necessarily an easy task in the heat of the moment.

There are additional limits for poker. The total aggregate amount that can be staked on poker for a single premises must not exceed £100 per day and the maximum amount that can be won on any game of poker is £100.

For bingo the maximum aggregate stakes or prizes for a single premises cannot exceed £2,000 in any week. Although you will not get your hand slapped if you do allow the stakes or prizes to go over £2,000 in a week on one occasion. Then you must inform the Gambling Commission. If you do it again you are committing an offence and you could be in for a serious fine.

Remember for both poker and bingo the £5 per game per player limit on stakes still applies.

Code of Practice for Gaming Machines in alcohol licensed premises and Clubs

The Code of Practice  (158.16 KB) has now been published by the Gambling Commission.  Section A is a condition of the clubs permits and alcohol licensed premises gaming machine permits, as well as those with 2 or less gaming machines (Section 282 (3)).  It applies to all clubs and alcohol licensed premise with gaming machines (including those which have not yet converted” their existing permits) from 1st September 2007

Amusement with Prizes Machines in Registered Clubs

We are NO LONGER able to grant or renew S34(1) permits to allow Amusement with Prizes” machines in registered clubs.

If clubs wish to offer amusement with prizes machines for their members, they will have to apply to the Courts for Part III registration” – which will last for up to five years.  The registration can allow high payout club” machines and / or low prize value machines (avoiding the high customs duty), as long as the club complies with the full requirements of S31 (details available on request). The low prize type of machines that are available are 5p play with £100 jackpot which has the same duty as a S34 machine or a new one with 2p play £100 jackpot which has no duty at all.  

When the Gambling Act 2005 comes in to force later this year, Clubs with Part III registrations need do nothing until their registration expires.  Clubs without part III registration may be able to apply later this year for a club gaming machines permit. They will need to meet the definition of a club i.e. not a temporary organisation, have more than 25 members and have a proper constitution and committee etc.  There will be an annual fee.

Analysis of Consultation Responses

Our analysis of consultation responses  (13.60 KB) has now been published.

Approved Statement of Principles

Our Statement of Principles - Gambling Act 2005  (133.60 KB) has now been approved.

Premises Licensing Delayed

The government has announced that the first date for local licensing authorities to accept applications for premises licences under the Gambling Act 2005 will be delayed by three months.

Originally scheduled to start at the end of January 2007, the government has put back the date to 30 April next year. The reason, says the Department for Media, Culture and Sport, is that local authorities need more time to prepare and train for the estimated 34,000 gambling licence applications.

However, applications will still have to be submitted by the 31 July 2007, giving less time to process applications before the September 2007 implementation date, which remains unchanged; LACORS had called for this date to be moved back by three months too. If applications are received in late July, a statutory twenty-eight day consultation period during the August holiday season will leave little time to hold a licensing hearing before September.

Gambling minister Richard Caborn told local authorities that this will not place unreasonable demands or expectations on them. Operators who apply by 31 July will have continuation rights to operate beyond 31 August 2007, regardless of whether or not their application has been determined. Unlike the Licensing Act, there will be no fixed period within which applications must be processed or automatically determined by default.

Despite fears from some quarters that the revised timetable will swamp local authority resources when exercising their new jurisdiction, others take a more relaxed view - including the government - of the fact that the number of premises to be licensed by each licensing authority will be significantly less than during the six-month transition period of the Licensing Act 2003.

However, it is not only local authorities that need more time to prepare, but central government too. An extensive list of secondary regulation is required to implement the Act, and DCMS has had to re-adjust its timetable in consulting on these and laying them before parliament. Only last week a consultation paper on personal licences (required by key individuals working for licensed operators) was published, with a shorter consultation period than the usual twelve weeks, with DCMS apologising for the shorter time-scale.

Temporary extension of existing premises licences

For race tracks, greyhound and other stadiums with track betting licences, bingo halls, casinos, arcades and premises with prize gaming permits:

If your existing premises licence permission expires between 1 September 2006 and 31 August 2007, it will be automatically renewed until 31 August 2007, after which the new Act will take effect. You will not need to apply for a renewal and the automatic renewal will not attract a fee.

For more information, please download Factsheet 1 on the Department for Culture, Media and Sport (DCMS) website.

Date changes: Gambling Act 2005 implementation timetable

To give licensing authorities more time to prepare and train staff on the new procedures and enable them to deal with applications more efficiently and confidently, the Department for Culture Media & Sport has moved the appointed day” for the acceptance of advance applications for premises licences back by three months from 31 January 2007 to 30 April 2007.

To give existing operators adequate time to prepare and submit their advance applications, the closing date for advance applications will also move back by three months, from 27 April 2007 to 31 July 2007. Licensing authorities will not necessarily turn all these applications around by 31 August 2007 but existing operators who apply by 31 July will have the right to continue operating, regardless of whether their application has been determined or not.

Gambling Anonymous Guidance

The charity Gamblers' Anonymous has issued advice to licensing authorities currently consulting on their draft statement of principles required under the Gambling Act 2005.

In its statement, the charity says that Gamblers Anonymous is a unique self-help multi-ethnic fellowship of men and women who have a desire to stop gambling.

This desire will have followed from a period of gambling as a result of which the gambler realises that he or she is gambling out of control.

Gamblers Anonymous does not offer counselling or employ any professionals. Gamblers seeking help are invited to attend regular meetings where they meet and can identify with other compulsive gamblers. The Recovery Programme used is similar to 12-step programmes used successfully by other self-help fellowships.

Fundamental to the fellowship are a number of key principles:

• All expenses are met entirely from the contributions of its members, declining all outside help
• GA hasno views on the existence of gambling facilities and never comments
• All members are anonymous. No names or faces on TV or in the media
• GA policy is to attract members but not to promote themselves
• There are no affiliations with any enterprises including agencies devoted to helping recovery from compulsive gambling no matter how good their intentions
• GA never endorses any agencies or products and actively discourages such agencies from suggesting any approval by GA.

By adhering to these principles GA never gets diverted from its primary purpose – to help compulsive gamblers who wish to help themselves.

The rule of strict anonymity means thatrecords of attendance contain only first names or pseudonyms. Meetings are usually weekly and the list is available to the public on GA’s public website. However, the publication of local meeting places is not encouraged so that the anonymity of those in the group or considering joining is protected.

Most direct contact is via the telephone support lines (GA Birmingham - Telephone: 0121 233 1335) or from information obtained from the Gamblers Anonymous website.

Implementation of the Gambling Act 2005: transitional provisions

An Order was laid before Parliament on 5 July making two transitional provisions in connection with the implementation of the Gambling Act 2005. These are the first of a number of transitional provisions that will be made as the implementation of the Act moves forward:

a. the automatic renewal of certain existing permissions (betting permits for race tracks and other stadia, casinos, bingo halls, arcades and prize gaming permits) which expire on or after 1 September 2006;

b. a cut off date of 1 August 2006 for any further applications under the existing law (the Gaming Act 1968) for gaming machines in take away food shops, taxi offices and other non-gambling premises.

Further transitional arrangements will be dealt with in a separate order later this year.

Two fact sheets will be available via the DCMS website early next week.

One Armed Bandits

One armed bandits will soon be disappearing from staff canteens and chip shops across the country.  Permits won't be renewed or granted after  1 August 2006.  Please download the DCMS factsheet on fruit machines to be phased out of take away food shops and other non arcade premises  (714.05 KB) for more details.

Moving into the new system

The Government has published a consultation document detailing what businesses and charities will have to do to move into the new licensing regime.  This is a consultation and so is subject to change.  Wychavon has responded that the document is mainly clear and concise, although there is inconsistency in the appropriate licensing authority for Clubs.

The Act means changes for anyone involved with society lotteries, one armed bandits” and other gaming in pubs and clubs; betting shops, bingo halls and gambling at track and point to point events.

To continue to operate after 1^st September 2007, current premises operators must apply to convert existing permits by dates specified in the consultation document.

The new permits last indefinitely, but annual payments must be made.  

For the first time, betting shops and bingo halls will have to obtain a premises licence” from their local council.  Operators must apply for both an operating licence” from the Gambling Commission and a premises licence from the local council between 31^st January 2007 and 27^th April 2007, to be sure of trading without a break when the new scheme takes over.

Amusement arcade operators will have to apply for an operating licence” either as a Family Entertainment Centre or an Adult Gaming Centre from the Gambling Commission, and also a premises licence from the Council between 31^st January 2007 and 27^th April 2007.

It has been the policy in Wychavon that amusement with prizes machines in chip shops etc have been discouraged.  The new Act does not allow these one armed bandits” to be used except in licensed entertainment or gaming centres, in premises that are licensed for the sale of alcohol (pubs etc) and qualifying clubs.   Therefore no new permits will be issued after July 2006: those that have already been issued will not be renewed after that date.

In pubs and clubs, permits expiring after 1 September 2007 will continue to have effect, although when the new Act comes into force, operators will have to comply with any new conditions and a new code of practice on the location and operation of gaming machines.”  Application for a new permit must be made at least two months before the old one expires.

In the new scheme, premises with a bar licensed to serve drinks without food will be able to apply to the council for a permit for either up to two machines or for more than two machines.

Similarly, clubs with registrations under Parts I and II of the Gaming Act 1968 that expire after 31^st August 2007 will have those registrations automatically converted into a new club gaming or machine permit as appropriate (clubs do not have to apply for conversion, nor will new permits be issued).   .  Registered clubs will have to apply at least two months before the old permit expires.  They can choose between club gaming permits (which allow equal chance gaming, games of chance and gaming machines) and club gaming machine permits (which allow only machines).

After 1^st September 2007 clubs will have to comply with any relevant regulations of codes of practice that are relevant to club permits.

Small society lotteries currently have to be register with their local council.  Promoters will have to renew their registrations as normal on 1^st January 2007; we will automatically convert them into the new scheme in the September.  From then on there will be a requirement to pay an annual fee, and comply with the requirements of the new law.

We will be developing a statement of licensing policy during 2006. If you want to be involved in this, please contact the licensing unit.

Further Information

For more information or advice on all these matters contact:

Licensing Unit,
Environmental Services,
Wychavon District Council,
Civic Centre, Queen
Elizabeth Drive,
Pershore, Worcs, WR10 1PT.

Telephone: 01386 565016 between 9am-5pm, Monday-Friday
E-mail: licensing@wychavon.gov.uk