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The Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007

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Statutory Instruments

2007 No. 1409

betting, gaming and lotteries, england and wales

The Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007

Made

5th May 2007

Coming into force

21st May 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 167, 168 and 355(1) of the Gambling Act 2005(1);

In accordance with section 355(4)(g) and (h) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.  (1)  These Regulations may be cited as the Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007 and shall come into force on whichever is the later of 21st May 2007 or the day after the Regulations are made.

(2) These Regulations shall extend to England and Wales.

Interpretation

2.  In these Regulations—

“the 1963 Act” means the Betting, Gaming and Lotteries Act 1963(2);

“the 2005 Act” means the Gambling Act 2005;

“alcohol” has the same meaning as in section 191 of the Licensing Act 2003(3);

ATM” means a machine located on the premises which enables a person using it to obtain cash on credit;

“betting operator” means a person who in the course of the business of a general betting operating licence holder or pool betting operating licence holder accepts or negotiates bets; and “betting operator’s assistant” means a person who carries out any other functions in the course of the business of a general betting operating licence holder or pool betting operating licence holder in connection with the licensed activities;

“betting machine” means a wholly automated machine designed or adapted only for use to bet on future real events(4), including—

(a)

a machine that enables the customer to access an account on an internet website by means of which he is able to place a bet and receive winnings; and

(b)

a machine which accepts bets made by the customer and issues a record of the betting transaction which enables the customer to claim his winnings from an individual on the betting premises, or from the machine;

“converted casino premises licence” means a premises licence issued in respect of a casino in accordance with transitional provisions made under paragraph 9 of Schedule 18 to the 2005 Act(5);

“gambling area”, in relation to a casino premises licence, means those areas of the casino that are indicated on the plan as being the table gaming area, and any other area in which facilities for gambling may be provided;

“game card” means anything (including any electronic device) which provides an individual with the opportunity to win one or more prizes in respect of a game of bingo;

“non-gambling area” means those areas of the casino that are available to customers and are indicated on the plan as being areas other than gambling areas;

“ordinary gaming table” means a gaming table that is not a partially or wholly automated gaming table;

“partially automated gaming table” means equipment that would fall within the definition of gaming machine in section 235 of the 2005 Act but for its exclusion from that definition by subsection (2)(h) of that section;

“the plan”, in relation to a premises licence, means the plan of the premises that forms part of the licence by virtue of section 151(1)(g) of the 2005 Act;

“street” includes any bridge, road, lane, footway, subway, square, court, alley or passage (including passages through enclosed premises such as shopping malls), whether a thoroughfare or not;

“table gaming” means—

(a)

casino games played on ordinary, or partially or wholly automated gaming tables; and

(b)

real games of equal chance, other than bingo, played on a table;

“table gaming area”, in relation to a casino premises licence, means the area indicated on the plan as being for table gaming;

“track premises licence” means a betting premises licence in respect of a track;

“wholly automated gaming table” means equipment that would fall within the definition of a gaming machine in section 235 of the 2005 Act but for its exclusion from that definition by subsection (2)(i) of that section.

Mandatory conditions attaching to every premises licence

3.  (1)  The conditions specified in paragraphs (2), (3) and (4) shall be attached to every premises licence.

(2) The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.

(3) The layout of the premises shall be maintained in accordance with the plan.

(4) The premises shall not be used for—

(a)the sale of tickets in a private lottery or customer lottery, or

(b)the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited(6).

(5) In this regulation—

(a)a “private lottery” means a private society lottery or a work lottery within the meaning of paragraphs 10 and 11 of Schedule 11 to the 2005 Act; and

(b)a “customer lottery” has the same meaning as in Part 3 of Schedule 11 to the 2005 Act.

Mandatory conditions attaching to casino premises licences

4.  The conditions specified in Part 1 of Schedule 1 shall be attached to all types of casino premises licences.

5.  The conditions specified in Part 2 of Schedule 1 shall, in addition to the conditions specified in Part 1 of that Schedule, be attached to regional casino premises licences.

6.  The conditions specified in Part 3 of Schedule 1 shall, in addition to the conditions specified in Part 1 of that Schedule, be attached to large casino premises licences.

7.  The conditions specified in Part 4 of Schedule 1 shall, in addition to the conditions specified in Part 1 of that Schedule, be attached to small casino premises licences.

8.  The conditions specified in Part 5 of Schedule 1 shall, in addition to the conditions specified in Part 1 of that Schedule, be attached to converted casino premises licences.

Default conditions attaching to casino premises licences

9.  The conditions specified in Part 6 of Schedule 1 shall be attached to casino premises licences unless excluded by the licensing authority who issue the licence, in exercise of their powers under section 169(1)(b) of the 2005 Act.

Mandatory conditions attaching to bingo premises licences

10.  The conditions specified in Part 1 of Schedule 2 shall be attached to bingo premises licences.

Default conditions attaching to bingo premises licences

11.  The conditions specified in Part 2 of Schedule 2 shall be attached to bingo premises licences unless excluded by the licensing authority who issue the licence, in exercise of their powers under section 169(1)(b) of the 2005 Act.

Mandatory conditions attaching to adult gaming centre premises licences

12.  The conditions specified in Schedule 3 shall be attached to adult gaming centre premises licences.

Mandatory conditions attaching to family entertainment centre premises licences

13.  The conditions specified in Schedule 4 shall be attached to family entertainment centre premises licences.

Mandatory conditions attaching to betting premises licences other than track premises licences

14.  The conditions specified in Part 1 of Schedule 5 shall be attached to betting premises licences other than track premises licences.

Default conditions attaching to betting premises licences other than track premises licences

15.  The conditions specified in Part 2 of Schedule 5 shall be attached to betting premises licences other than track premises licences unless excluded by the licensing authority who issue the licence, in exercise of their powers under section 169(1)(b) of the 2005 Act.

Mandatory conditions attaching to track premises licences

16.  (1)  The conditions specified in Part 1 of Schedule 6 shall be attached to track premises licences.

(2) The conditions specified in Part 2 of Schedule 6 shall, in addition to the conditions specified in Part 1 of that Schedule, be attached to track premises licences in respect of premises that are horse-race courses.

(3) The conditions specified in Part 3 of Schedule 6 shall, in addition to the conditions specified in Part 1 of that Schedule, be attached to track premises licences in respect of premises that are dog tracks.

Default conditions attaching to track premises licences

17.  The conditions specified in Part 4 of Schedule 6 shall be attached to track premises licences unless excluded by the licensing authority who issue the licence, in exercise of their powers under section 169(1)(b) of the 2005 Act.

Richard Caborn

Minister of State

Department for Culture, Media and Sport

5th May 2007

Regulations 4 to 9

SCHEDULE 1Conditions attaching to casino premises licences

PART 1Mandatory conditions attaching to casino premises licences

1.  (1)  The principal entrance to the premises shall be from a street.

(2) No entrance to the premises shall be from premises that are used wholly or mainly by children, by young persons, or by both.

(3) No customer shall be able to enter the premises directly from any other premises in respect of which a licence issued under Part 8 of the Act, or a permit issued under Schedule 10, 12 or 13 to the Act, has effect.

2.  A gap of at least 2 metres shall be maintained between any ordinary gaming table and any other equipment, apparatus or structure used by a person to gamble on the premises.

3.  No more than 40 separate player positions may be made available for use in relation to wholly automated gaming tables at any time.

4.  (1)  The rules of each type of casino game that is available to be played on the premises shall be displayed in a prominent place within both the table gaming area and other gambling area of the premises to which customers wishing to use facilities for gambling have unrestricted access.

(2) The condition in sub-paragraph (1) may be satisfied by—

(a)displaying a clear and legible sign setting out the rules; or

(b)making available to customers leaflets or other written material containing the rules.

5.  Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming table, gaming machine or betting machine in order to do so.

PART 2Mandatory conditions attaching to regional casino premises licences

1.  A notice shall be displayed in a prominent place at every entrance to the gambling area of the premises stating that no person under the age of 18 years is permitted to enter that part of the premises.

2.  The gambling area of the premises shall not be capable of being seen from any part of the premises to which children, young persons, or both, have access.

3.  (1)  The premises shall contain a table gaming area the floor area of which is no less than 1000m².

(2) Subject to sub-paragraph (3), in determining the floor area of the table gaming area, any number of separate areas within the premises may be taken into account.

(3) Any separate area that comprises less than 12.5% of the minimum required table gaming area shall not be taken into account in determining the table gaming area.

(4) No gambling shall be permitted in the table gaming area of the premises other than gambling by way of table gaming.

4.  (1)  The premises shall contain a non-gambling area the floor area of which is no less than 1500m².

(2) The non-gambling area may consist of one or more areas within the premises.

(3) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

(4) Facilities for gambling shall not be provided in the non-gambling area.

(5) At any time during which facilities for gambling are provided on the premises, each separate area comprising the non-gambling area, other than the lobby areas and toilet facilities referred to in sub-paragraph (3), shall contain recreational facilities that are available for use by customers on the premises.

5.  A notice shall be displayed in a prominent place in each part of the premises used for providing facilities for betting, setting out the terms on which persons are invited to bet on the premises.

6.  (1)  A notice setting out the information in sub-paragraph (2) shall be displayed in a prominent place at the main point on the premises where payment for the charge is to be made for a game card (or set of game cards) in respect of a game of bingo.

(2) The notice in sub-paragraph (1) shall include the following information—

(a)the cost (in money) of each game card (or set of game cards) payable by an individual in respect of a game of bingo;

(b)in respect of each game card (or set of game cards) referred to in paragraph (a), the maximum amount that will be charged by way of a participation fee for entitlement to participate in that game; and

(c)a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.

(3) The notice may be displayed in electronic form.

(4) A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the 2005 Act (meaning of “prize gaming”) applies.

(5) The rules of each type of bingo game that is available to be played on the premises shall be made available to customers in each part of the premises used for providing facilities for bingo.

(6) The condition in sub-paragraph (5) may be satisfied by—

(a)displaying a sign setting out the rules,

(b)making available leaflets or other written material containing the rules, or

(c)running an audio-visual guide to the rules prior to any bingo game being commenced.

7.  No more than 40 separate betting positions may be made available for use in relation to betting machines at any time.

PART 3Mandatory conditions attaching to large casino premises licences

1.  A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

2.  (1)  The premises shall contain a table gaming area, the floor area of which is no less than 1000m².

(2) Subject to sub-paragraph (3), in determining the floor area of the table gaming area, any number of separate areas within the premises may be taken into account.

(3) Any separate area that comprises less than 12.5% of the minimum required table gaming area shall not be taken into account in determining the table gaming area.

3.  No gambling shall be permitted in the table gaming area of the premises other than gambling by way of table gaming.

4.  (1)  The premises shall contain a non-gambling area which comprises no less than 500m².

(2) The non-gambling area may consist of one or more areas within the premises.

(3) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

(4) Facilities for gambling shall not be provided in the non-gambling area.

(5) At any time during which facilities for gambling are being provided on the premises, each separate area comprising of the non-gambling area, other than the lobby areas and toilet facilities referred to in sub-paragraph (3), shall contain recreational facilities that are available for use by customers on the premises.

5.  A notice shall be displayed in a prominent place in each part of the premises used for providing facilities for betting, setting out the terms on which persons are invited to bet on the premises.

6.  (1)  A notice setting out the information in sub-paragraph (2) shall be displayed in a prominent place at the main point on the premises where payment for the charge is to be made for a game card (or set of game cards) in respect of a game of bingo.

(2) The notice in sub-paragraph (1) shall include the following information—

(a)the cost (in money) of each game card (or set of game cards) payable by an individual in respect of a game of bingo;

(b)in respect of each game card (or set of game cards) referred to in paragraph (a) the maximum amount that will be charged by way of a participation fee for entitlement to participate in that game; and

(c)a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.

(3) The notice may be displayed in electronic form.

(4) A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the 2005 Act (meaning of “prize gaming”) applies.

(5) The rules of each type of bingo game that is available to be played on the premises shall be made available to customers in each part of the premises used for providing facilities for bingo.

(6) The condition in sub-paragraph (5) may be satisfied by—

(a)displaying a sign setting out the rules,

(b)making available leaflets or other written material containing the rules, or

(c)running an audio-visual guide to the rules prior to any bingo game being commenced.

7.  No more than 40 separate betting positions may be made available for use in relation to betting machines at any time.

PART 4Mandatory conditions attaching to small casino premises licences

1.  A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

2.  (1)  The premises shall contain a table gaming area, the floor area of which is no less than 500m².

(2) Subject to sub-paragraph (3), in determining the floor area of the table gaming area, any number of separate areas within the premises may be taken into account.

(3) Any separate area that comprises less than 12.5% of the minimum required table gaming area shall not be taken into account in determining the table gaming area.

3.  No gambling shall be permitted in the table gaming area of the premises other than gambling by way of table gaming.

4.  (1)  The premises shall contain a non-gambling area which comprises no less than 250m².

(2) The non-gambling area may consist of one or more areas within the premises.

(3) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

(4) Facilities for gambling shall not be provided in the non-gambling area.

(5) At any time during which facilities for gambling are being provided on the premises, each separate area comprising the non-gambling area, other than the lobby areas and toilet facilities referred to in sub-paragraph (3), shall contain recreational facilities that are available for use by customers on the premises.

5.  A notice shall be displayed in a prominent place in each part of the premises used for providing facilities for betting, setting out the terms on which persons are invited to bet on the premises.

6.  No more than 40 separate betting positions may be made available for use in relation to betting machines at any time.

PART 5Mandatory conditions attaching to converted casino premises licences

1.  A notice shall be displayed in a prominent place at every entrance to the premises stating that no person under the age of 18 years is permitted to enter the premises.

2.  (1)  This paragraph shall apply to premises which have a gambling area the floor area of which is no less than 200m2.

(2) In determining the floor area of the gambling area, all areas in which facilities for gambling are provided on the premises shall be taken into account.

(3) The premises shall contain a non-gambling area, the floor area of which is no less than 10% of the floor area of the gambling area.

(4) The non-gambling area may consist of one or more areas within the premises.

(5) Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.

(6) Facilities for gambling shall not be provided in the non-gambling area.

(7) At any time during which facilities for gambling are being provided on the premises, each separate area comprising the non-gambling area, other than the lobby areas and toilet facilities referred to in sub-paragraph (5), shall contain recreational facilities that are available for use by customers on the premises.

PART 6Default conditions attaching to casino premises licences

No facilities for gambling shall be provided on the premises between the hours of 6am and noon on any day.

Regulations 10 and 11

SCHEDULE 2Conditions attaching to bingo premises licences

PART 1Mandatory conditions attaching to bingo premises licences

1.  A notice stating that no person under the age of 18 years is permitted to play bingo on the premises shall be displayed in a prominent place at every entrance to the premises.

2.  No customer shall be able to enter the premises directly from any other premises in respect of which one of the following permissions has effect—

(a)a casino premises licence;

(b)an adult gaming centre premises licence;

(c)a betting premises licence other than a track premises licence; and

3.  (1)  This paragraph shall apply where children or young persons or both are permitted by the licence holder to enter the premises, and Category B or C gaming machines are made available for use on the premises.

(2) Any area of the premises to which category B and C gaming machines are located—

(a)shall be separated from the rest of the premises by a physical barrier which is effective to prevent access other than by an entrance designed for the purpose;

(b)shall be supervised at all times to ensure children or young persons or both do not enter the area; and

(c)shall be arranged in such a way that ensures all parts of the area can be observed by the persons mentioned in sub-paragraph (3).

(3) The reference to supervision in this paragraph means supervision by—

(a)one or more persons whose responsibilities include ensuring children or young persons or both do not enter the area; or

(b)closed circuit television which is monitored by one or more persons whose responsibilities include ensuring that children or young persons or both do not enter the area.

(4) A notice stating that no person under the age of 18 years is permitted to enter the area shall be displayed in a prominent place at the entrance to any area of the premises in which Category B or C gaming machines are made available for use.

4.  (1)  In the case of a charge for admission to the premises, a notice of that charge shall be displayed in a prominent place at the principal entrance to the premises.

(2) In the case of any other charges in respect of gaming, a notice setting out the information in sub-paragraph (3) shall be displayed at the main point where payment for the charge is to be made.

(3) The notice in sub-paragraph (2) shall include the following information—

(a)the cost (in money) of each game card (or set of game cards) payable by an individual in respect of a game of bingo;

(b)in respect of each game card (or set of game cards) referred to in paragraph (a) the amount that will be charged by way of a participation fee for entitlement to participate in that game; and

(c)a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.

(4) The notice may be displayed in electronic form.

(5) A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the 2005 Act (meaning of “prize gaming”) applies.

5.  (1)  The rules of each type of game that is available to be played the premises other than games played on gaming machines shall be made available to customers within the premises.

(2) The condition in sub-paragraph (1) may be satisfied by—

(a)displaying a sign setting out the rules,

(b)making available leaflets or other written material containing the rules, or

(c)running an audio-visual guide to the rules prior to any bingo game being commenced.

6.  Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling in order to do so.

PART 2Default conditions attaching to bingo premises licences

1.  Subject to paragraph 2, no facilities for gambling shall be provided on the premises between the hours of midnight and 9am.

2.  The condition in paragraph 1 shall not apply to making gaming machines available for use.

Regulation 12

SCHEDULE 3Mandatory conditions attaching to adult gaming centre premises licences

1.  A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

2.  No customer shall be able to access the premises directly from any other premises in respect of which a licence issued under Part 8 of the Act, or a permit issued under Schedule 10, 12 or 13 to the Act, has effect.

3.  Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming machine in order to do so.

4.  (1)  No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.

(2) A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.

Regulation 13

SCHEDULE 4Mandatory conditions attaching to family entertainment centre premises licences

1.  No customer shall be able to access the premises directly from any other premises in respect of which one of the following premises licences has effect—

(a)a casino premises licence;

(b)an adult gaming centre premises licence;

(c)a betting premises licence other than a track premises licence.

2.  Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming machine in order to do so.

3.  (1)  Where Category C gaming machines are made available for use on the premises, any area of the premises in which those machines are located—

(a)shall be separated from the rest of the premises by a physical barrier which is effective to prevent access other than by an entrance designed for the purpose;

(b)shall be supervised at all times to ensure children or young persons or both do not enter the area; and

(c)shall be arranged in such a way so as to permit all parts of the area to be observed by the persons mentioned in sub-paragraph (2).

(2) The reference to supervision in this paragraph means supervision by—

(a)one or more persons whose responsibilities include ensuring children or young persons or both do not enter the area; or

(b)closed circuit television which is monitored by one or more persons whose responsibilities include ensuring that children or young persons or both do not enter the area.

(3) A notice stating that no person under the age of 18 years is permitted to enter the area shall be displayed in a prominent place at the entrance to any area of the premises in which Category C gaming machines are made available for use.

4.  (1)  No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.

(2) A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.

Regulations 14 and 15

SCHEDULE 5Conditions attaching to betting premises licences

PART 1Mandatory conditions attaching to betting premises licences (other than track premises licences)

1.  A notice stating that no person under the age of 18 years is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.

2.  (1)  Access to the premises shall be from a street or from other premises with a betting premises licence.

(2) Without prejudice to sub-paragraph (1), there shall be no means of direct access between the premises and other premises used for the retail sale of merchandise or services.

3.  Subject to anything permitted by virtue of the 2005 Act, or done in accordance with paragraphs 4, 5, 6 and 7 below, the premises shall not be used for any purpose other than for providing facilities for betting.

4.  Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to leave any gaming machine or betting machine in order to do so.

5.  No apparatus for making information or other material available in the form of sounds or visual images may be used on the premises, except for apparatus used for the following purposes—

(a)communicating information about, or coverage of, sporting events, including—

(i)information relating to betting on such an event; and

(ii)any other matter or information, including an advertisement, which is incidental to such an event;

(b)communicating information relating to betting on any event (including the result of the event) in connection with which betting transactions may be or have been effected on the premises.

6.  No publications, other than racing periodicals or specialist betting publications, may be sold or offered for sale on the premises.

7.  No music, dancing or other entertainment shall be provided or permitted on the premises, save for entertainment provided in accordance with paragraph 5.

8.  (1)  No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.

(2) A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.

9.  A notice setting out the terms on which customers are invited to bet on the premises shall be displayed in a prominent place on the premises to which customers have unrestricted access.

PART 2Default conditions attaching to betting premises licences (other than in respect of tracks)

No facilities for gambling shall be provided on the premises between the hours of 10pm on one day and 7am on the next day.

Regulations 16 and 17

SCHEDULE 6Conditions attaching to track premises licences

PART 1Mandatory conditions attaching to all track premises licences

1.  No customer shall be able to access the premises directly from any other premises in respect of which one of the following premises licences has effect—

(a)a casino premises licence;

(b)an adult gaming centre premises licence.

2.  A notice stating that no person under the age of 18 is permitted to bet on the premises shall be displayed in a prominent place at every public entrance to the premises.

3.  The terms on which a bet may be placed must be displayed in a prominent place within the premises to which customers wishing to use facilities for betting have unrestricted access.

4.  The premises licence holder shall make arrangements to ensure that betting operators who are admitted to the premises for the purpose of accepting bets—

(a)will be operating under a valid operating licence; and

(b)are enabled to accept such bets in accordance with—

(i)the conditions imposed under sections 92 (general betting operating licence) or 93 (pool betting operating licence) of the 2005 Act, or

(ii)an authorisation under section 94 (horse-race pool betting operating licence) of that Act.

5.  The premises licence holder shall make arrangements to ensure that reasonable steps are taken to remove from the premises any person who is found to be accepting bets on the premises otherwise than in accordance with the 2005 Act.

6.  Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling in order to do so.

PART 2Mandatory conditions attaching to track premises licences in respect of premises that are horse-race courses

1.  (1)  This paragraph shall apply to converted track premises licences in respect of premises that are horse-race courses.

(2) The licence holder shall ensure that in respect of any part of the track, which immediately before 1st September 2007 was made available for the purposes of complying with a condition imposed under section 13(2) of the 1963 Act (which provides for conditions to be imposed on a certificate under section 13 relating to the places which are to be provided for enabling betting to take place on the track), that part shall continue to be made available for the purposes of enabling betting operators and betting operators’ assistants to use it for carrying on business in connection with providing facilities for betting.

(3) Sub-paragraph (2) is without prejudice to any application under section 187 of the 2005 Act (application to vary a premises licence) to change the location of the part of the track to which that sub-paragraph applies.

(4) Where such an application is granted, sub-paragraph (2) is to have effect as if it required the licence holder to ensure that the part of the track identified in the application as the new location for the area referred to in that sub-paragraph is made available for the purposes of enabling betting operators and betting operators’ assistants to carry on business in connection with providing facilities for betting.

(5) References in this paragraph to an “existing betting area” are to any part of the track which is required to be made available in accordance with the preceding provisions of this paragraph for the purposes of enabling betting operators and betting operators’ assistants to carry on business in connection with providing facilities for betting.

(6) The charge for admission to an existing betting area for the purposes of carrying on business in connection with providing facilities for betting shall not exceed—

(a)where payable by a betting operator, five times the cost of the highest charge paid by members of the public who are authorised to enter that part of the track; and

(b)where payable by a betting operator’s assistant, the cost of the highest charge paid by members of the public who are authorised to enter that part of the track.

(7) A betting operator or betting operator’s assistant shall not be charged, for admission to an existing betting area, an amount which differs from that charged to any other betting operator or betting operator’s assistant for admission to that part of the track.

(8) No charges may be made to betting operators and betting operators’ assistants who are admitted to the existing betting areas of the track, other than—

(a)the charge for admission in accordance with sub-paragraphs (6) and (7), and

(b)charges levied to cover costs reasonably incurred in connection with enabling betting operators and betting operators’ assistants to operate in the existing betting area.

(9) This paragraph shall not apply after 31st August 2012.

2.  (1)  This paragraph shall apply to all track premises licences in respect of premises that are horse-race courses.

(2) The licence holder shall provide a place on the premises where betting operators and betting operators’ assistants, including small-scale operators, may carry on business in connection with providing facilities for betting and to which the public may resort for the purpose of betting.

(3) The reference in this paragraph to “small-scale operators” shall have the same meaning as prescribed in The Gambling Act 2005 (Definition of Small-scale Operator) Regulations 2006(7).

(4) This paragraph shall not apply to converted track premises licences before 1st September 2012.

3.  In this Part “converted track premises licence” means a premises licence issued in respect of a track where—

(a)the holder of the licence held a certificate under section 13 of the 1963 Act, in respect of the same or substantially the same premises (referred to below as “the 1963 Act permission”);

(b)the 1963 Act permission had effect immediately before 1st September 2007; and

(c)the holder of the licence was granted the premises licence, under transitional provisions made under paragraph 9 of Schedule 18 to the 2005 Act, by reason of his holding the 1963 Act permission.

PART 3Mandatory conditions attaching to track premises licences in respect of premises that are dog racing tracks

1.  A totalisator on the premises shall only be operated—

(a)while the public are admitted to the premises for the purpose of attending dog races and no other sporting events are taking place on the premises; and

(b)for effecting with persons on the premises betting transactions on dog races taking place on the premises.

2.  (1)  At any time during which the totalisator is being lawfully used on the premises—

(a)no betting operator or betting operator’s assistant shall be excluded from the premises by reason only of the fact that he proposes to accept or negotiate bets on the premises; and

(b)there shall be made available on the premises space for betting operators and betting operators’ assistants where they can conveniently accept and negotiate bets in connection with dog races run on the premises on that day.

(2) This paragraph is without prejudice to section 180 (pool betting on dog races) of the 2005 Act.

3.  For the purposes of this Part, “totalisator” means the apparatus for betting known as the totalisator or pari mutuel, or any other machine or instrument of betting of a like nature, whether mechanically operated or not.

PART 4Default conditions attaching to all track premises licences

1.  Subject to paragraph 2, no facilities for gambling shall be provided on the premises between the hours of 10pm on one day, and 7am on the next day.

2.  The prohibition in paragraph 1 does not apply on days when a sporting event is taking place on the premises, in which case gambling transactions may take place at any time during that day.

EXPLANATORY NOTE

(This note is not part of the Order)

The Gambling Act 2005 (“the Act”) gives the Secretary of State power to make regulations which provide for conditions to be attached to premises licences under sections 167 and 168 of the Act. Two types of conditions may be attached. The conditions attached to premises licences under section 167 will attach to all specified types of premises licence and can only be amended or excluded by further regulations made by the Secretary of State (“mandatory conditions”). The conditions attached to premises licences under section 168 will attach to all specified types of premises licence, unless they are excluded by the licensing authority responsible for issuing the premises licence (“default conditions”).

These regulations provide for various conditions to be attached to premises licences.

Regulation 3 sets out mandatory conditions that will apply to all premises licences.

Regulations 4 to 8 provides for various conditions to be attached to casino premises licences. The conditions set out in Part 1 of Schedule 1 will be attached as mandatory conditions to all casino premises licences. In addition, the following mandatory conditions will apply to the following types of premises licence:

  • The conditions set out in Part 2 of Schedule 1 will be attached to regional casino premises licences;

  • The conditions set out in Part 3 of Schedule 1 will be attached to large casino premises licences;

  • The conditions set out in Part 4 of Schedule 1 will be attached to small casino premises licences.

  • The conditions set out in Part 5 of Schedule 1 will be attached to converted casino premises licences. Converted casino premises licences are the type of licence granted to persons who were already operating casinos when the Act came into force.

Regulation 9 provides that the conditions set out in Part 6 of Schedule 1 will be attached as default conditions to all casino premises licences. As described above, these conditions can be excluded by licensing authorities under section 169 of the Act. Should they choose to exclude these conditions, licensing authorities have the discretion to attach new conditions to the premises licence which address a matter that was addressed by the excluded condition.

Regulation 10 provides that the conditions set out in Part 1 of Schedule 2 will be attached as mandatory conditions to all bingo premises licences. Regulation 11 provides that the conditions set out in Part 2 of that Schedule will be attached as default conditions to all bingo premises licences.

Regulations 12 and 13 provide that the mandatory conditions set out in Schedules 3 and 4 will be attached to Adult Gaming Centre Premises Licences and Family Entertainment Centre Premises licences respectively. No default conditions will attach to these types of premises licence.

Regulation 14 provides that the conditions set out in Part 1 of Schedule 5 will be attached as mandatory conditions to betting premises licences, other than betting premises licences in respect of premises that are tracks. Regulation 15 provides that the conditions set out in Part 2 of that Schedule will be attached as default conditions to betting premises licences (other than in respect of premises that are tracks).

Regulation 16 provides that the conditions set out in Part 1 of Schedule 6 will be attached as mandatory conditions to all betting premises licences in respect of premises that are tracks (“track premises licences”). In addition, it provides that the following mandatory conditions will be attached to the following types of premises licence:

  • The conditions set out in Part 2 of Schedule 6 will be attached to betting premises licences in respect of premises that are horse-race courses..

  • The conditions set out in Part 3 of Schedule 6 will be attached to betting premises licences in respect of premises that are dog tracks.

Regulation 17 provides that the conditions set out in Part 4 of Schedule 6 will be attached as default conditions to all betting premises licences in respect of premises that are tracks.

(4)

See section 235(2)(c) of the 2005 Act which provides that such a machine is not a gaming machine for the purposes of the Act.

(5)

See Part 7 of Schedule 4 to the Gambling Act 2005 (Commencement No.6 and Transitional Provisions) Order 2006 (S.I. 2006/3272); amended by S.I. 2006/3361.

(6)

See the National Lottery Regulations 1994 (S.I. 1994/189) which prohibits the sale of National Lottery tickets in specified premises licensed for gambling activities.

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