Under the Gambling Act 2005 (the Act), the Clackmannanshire Licensing Board (the Board) is the licensing authority for Clackmannanshire. The Act gives the Board a number of important regulatory functions in relation to gambling. Its main functions are to
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We also offer advice for Community Groups about Licensing.
The Act contains three licensing objectives which underpin the functions that the Board performs. These objectives are central to the regulatory regime created by the Act. They are:
Section 349 of the Act requires the Board to prepare and publish a Statement of Policy that will apply when dealing with the gaming licences and permits. Clackmannanshire Licensing Board's 3rd Statement of Policy has been published and will remain in force until 31 January 2016.
The Licensing Board is required to update the statement of policy every 3 years. As we are at the end of the current 3 year period, the Board has amended the Statement of Policy to take account of changes since 2012.
Following a period of public consultation which ended on 28th April 2017, the draft statement of policy is awaiting final approval.
The Act provides for three categories of licence:
Operating and Personal Licences are issued by the Gambling Commission.
Premises licences will be granted by a licensing authority and they authorise the provision of facilities on
The Act provides that licensing authorities may attach conditions to the premises licences.
In addition to licences, there are forms of authorisation a licensing authority may grant, for example, authorisation for the temporary use of premises, occasional use notices and five different sorts of permits for unlicensed family entertainment centres, prize gaming, gaming machines on alcohol-licensed premises and club gaming and club gaming machines.
Where an individual or company proposes to offer gambling for which an operating licence is required and which is premises based, that individual or company will need to apply for a premises licence.
Premises licences are issued by the licensing authority with responsibility for the area in which the premises are situated.
An applicant for a premises licence must be over the age of 18.
An application must be made to the relevant licensing authority in the form prescribed in regulations laid down by the Scottish Ministers.
The application must be accompanied by the prescribed
The Scottish Government have made regulations requiring the applicant to publish notice of his application and to notify responsible authorities and other interested persons about the application. This will allow representations to be made.
Notice must be given in three ways:
In dealing with an application, licensing authorities are obliged to consider representations from two categories of persons referred to in the Act as "responsible authorities" and "interested parties".
Interested Parties as defined in Section 158 of the Act as persons who
Under Section 271 of the Act, a licensing authority may grant members' clubs and miners' welfare institutes (but not commercial clubs) club gaming permits which authorise the establishments to provide gaming machines (as well as equal chance gaming and games of chance as described in regulations) (SI No: 1945: The Gambling Act 2005 (Club Gaming Permits) (Authorised Gaming) Regulations 2007).
Applications must be made to the licensing authority in whose area the premises are located, and must be accompanied by the fee and documents, as specified in regulations.
The applicant must also copy the application to the Gambling Commission and to the Chief Officer of Police. The Commission and the Police may object to the permit being granted. If any objections are made, the authority must hold a hearing.
A licensing authority may grant or refuse a permit, but it may not attach any conditions to a permit. The authority has to inform the applicant, the Commission and the Police of the outcome of the application and of any objections made.
Licensing authorities may refuse an application on the grounds that
If the authority is satisfied that (1) or (2) is the case, it must refuse the application.
The permit will have effect for 10 years, unless it ceases to have effect because it is surrendered or lapses or is renewed.
The holder of the permit must pay to the licensing authority a first annual fee of £50 and an annual fee of £50 before each anniversary of the issue of the permit, in accordance with regulations.
Permits may be amended to meet changing circumstances. Licensing authorities may only refuse a variation if on consideration of a completely new application they would refuse the permit. The permit, which must be kept on the premises it relates to, will be in a form specified by regulations. It is an offence not to produced the permit when requested to do so by a constable or a licensing standards officer.
If a permit is lost, stolen or damaged, the holder may apply for a replacement, subject to paying a fee of £15. The licensing authority must grant the application if it is satisfied that a permit has been lost, stolen or damaged and, where the permit is lost or stolen, a report made to the Police. The licensing authority will issue a copy and certify it as a true copy.
A permit will lapse if the holder of the permit stops being a club or miners' welfare institute. In addition, a permit will cease to have effect upon being surrendered to the authority. A notice of surrender must be accompanied by the permit or a statement explaining why it cannot be produced.
The licensing authority may cancel the permit if:-
Before cancelling a permit, the licensing authority must give the permit holder at least 21 days notice of the intention to cancel and consider any representations that they may make. The authority must hold a hearing if the permit holder so requests and must comply with any other procedures or requirements set out in regulations. If there is no appeal, the cancellation will take effect 21 days after notice of the intention to cancel is given.
An application for renewal of a permit must be made during the period beginning three months before the licence expires and ending six weeks before it expires. The procedure for renewal is the same as for an application.
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