Gambling Act 2005
The Gambling Act 2005 repeals the Betting, Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976.
The Gambling Commission has responsibility for granting operating and personal licences for commercial gambling operators and personnel working in the industry.
Licensing Boards have new powers to license gambling premises within their area, as well as undertaking functions in relation to lower stake gaming machines and clubs and miners’welfare institutes. The Act also provides for a new system of temporary and occasional use notices. These will authorise premises that are not licensed generally for gambling purposes to be used for certain types of gambling, for limited periods.
The Act contains three licensing objectives which underpin the functions that the Gambling Commission and Licensing Boards will perform. 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 persons from being harmed or exploited by gambling.
The Commission has an overriding obligation to pursue and have regard to the objectives, and to permit gambling so far as it thinks is reasonably consistent with them.
The Act gives Licensing Boards a number of important regulatory functions in relation to gambling. Their main functions are to:
- License premises for gambling activities;
- consider notices given for the temporary use of premises for gambling;
- grant permits for gaming and gaming machines in clubs and miners’ welfare institutes;
- regulate gaming and gaming machines in Alcohol Licensed Premises;
- grant permits to family entertainment centres(FECs) for the use of certain lower stake gaming machines;
- grant permits for Prize Gaming;
- consider occasional use notices for betting at tracks; and
- register small societies' lotteries
In terms of Regulation 6 of The Gambling Act 2005 (Licensing Authority Policy Statement) (Scotland) Regulations 2006, Aberdeen City Licensing Board has published its Revised Statement of Principles under the Gambling Act 2005.
The Statement of Principles was published on 7 December 2018. It will take effect on 31 January 2019. You can download a copy below:
Aberdeen City Licensing Board is currently preparing their next Gambling Policy Statement.
In terms of section 349 (3) of the above Act, they are required to consult the following persons:
- The Chief Constable;
- Those persons who appear to the Licensing Authority to represent the interests of persons carrying on gambling businesses in the Licensing Authority’s area and
- Those persons who appear to the Licensing Authority to represent the interests of persons who are likely to be affected by the exercise of the Licensing Authority’s functions under the above Act.
Anyone wishing to make comments on the Statement should do so no later than Friday 20 August 201. You can submit your comments by email to firstname.lastname@example.org