Gambling and lottery licences

Gambling Act 2005

The Government is reforming the law on gambling.  Under the Gambling Act 2005 which achieved Royal Assent last year, local authorities will have a range of new responsibilities related to gambling. These include licensing any premises used for gambling, regulating the use of gaming machines and the playing of games such as poker in pubs and clubs, and granting permits to certain types of amusement arcades.  The Gambling Commission is responsible for advising local authorities on these functions.

Gambling Statement

The Lewes District Council took over responsibility for implementing new gambling policies across the district from 31 January 2007.

The Gambling Policy was agreed by full Council on the 6 December 2006 and can be downloaded or read online here (please see Statement of Gambling Policy in relevant documents section at the bottom of this page).

Gambling Advertisement (please see document Licensing Authority Policy Statement Advertisement  in relevant documents section below)

The Gambling Act 2005 repeals the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976.

Currently the magistrates' court grants gaming and betting permits.  Under the new legislation, the Gambling Commission and licensing authorities will share responsibility for all matters previously regulated by licensing justices.

The Commission will be responsible for granting operating and personal licences for commercial gambling operators and personnel working in the industry.

Licensing authorities will have new powers to license gambling premises in their area as well as issuing permits in relation to lower stake gaming machines.

The act will apply to casinos, bingo clubs, lotteries and gaming machines, as well as betting and online gambling which are being brought under the Gambling Commission's jurisdiction for the first time.

The act contains three licensing objectives which underpin the functions of the Commission and the licensing authority. These objectives are central to the new regulatory regime created by the Act.  They are:

*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; and

*protecting children and other vulnerable people from being harmed or exploited by gambling.

As part of the Act, every Licensing Authority must produce a Policy setting out how they will manage their duties under the Act.

Gaming Act 1968

Gaming Machines

Premises where machines are used for playing a game of chance by means of inserting money or tokens require a permit.

Permits are issued by the Council, the Licensing Justices or the Gaming Board, depending on the type of premises involved.

Lewes District Council policy is not to grant permits for these machines to businesses where there is no need for persons to remain on the premises following completion of their transaction, e.g. take away food premises, fast food restaurants etc.

For other requests, it will be necessary to contact the Environmental Health Department on 01273 484358 or e-mail ehealth@lewes.gov.uk to obtain an application form and relevant advice from a Licensing Officer. 

Once an application, or renewal, has been submitted we will consult with the police as to the suitability of the application, and an Environmental Health Officer for his/her recommendations and approval. 

Permits are renewable on a three-yearly basis from the date of issue.  To assist current permit holders a reminder letter and renewal form will be sent prior to expiry.

Lotteries

Lotteries & Amusements Act 1976

The Lotteries and Amusements Act 1976 (as amended by the National Lottery etc. Act 1993) controls the conduct of small lotteries, raffles etc. by societies raising money for charitable, sports and other similar purposes, otherwise than for personal gain.

The Act defines all lotteries, which do not constitute gaming, as illegal but there are exceptions to this general rule such as small lotteries and private lotteries which do not require registration.  See the relevant document Guidance Notes for Small and Private Lotteries.

Local Councils are the registration authority for society lotteries.

Any charity or group who wish to hold any type of lottery or raffle must register under the Lotteries and Amusements Act.  Registration is annual and regulations cover the way in which a lottery is held.  This service is carried out under legal requirements which make the Council responsible for registering the lotteries run by societies such as football, cricket and athletic clubs.  No such lotteries which are generally run as a fundraising operation by voluntary bodies are lawful unless approval has been given by the Council and a permit issued which is generally valid for 12 months.

There is a small fee for the issue of a permit which has to be renewed annually.  The purpose of the permit system is to ensure that proceeds of small lotteries for the benefit of Society's funds are properly applied, that no fraudulent activity is present and that the relevant proportion of the proceeds does find its way to the Society on behalf of which it is run.

Lotteries not promoted by societies or where the value of tickets for sale in a lottery exceeds £20,000 have to register with the Gaming Board of Great Britain and not their local Council.

In order to apply for registration please contact the Environmental Health Department on 01273 484358 or e-mail ehealth@lewes.gov.uk for an application pack, which includes an application form and guidance notes.