Newcastle City Council - Gambling Act 2005

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Newcastle City Council - Statement of Principles

On 15th February 2010 Newcastle City Council published its Statement of Principles issued under section 349 of the Gambling Act 2005.

The Statement of Principles took effect on 15th March 2010.

The document can also be inspected between 9:00am and 4:00pm, by prior arrangement, at the Regulatory Services and Public Protection Division, Civic Centre, Newcastle upon Tyne, NE1 8PB upon request.

Appointments can be made by contacting 0191 2115079.

The Gambling Act 2005

The Gambling Act 2005 introduced a new regime for regulating gambling and betting in the United Kingdom that took effect from 1 September 2007. The Gambling Commission  regulates all gambling and betting apart from the National Lottery and Spread betting. The Gambling Commission licences the operators and individuals involved in providing gambling and betting facilities.

Newcastle City Council, (the Licensing Authority) along with other licensing authorities, has a duty under the Act to licence premises where gambling is to take place and to licence certain other activities and register small society lotteries. The Statement of Licensing Principles sets out how we intend to approach this duty and has been prepared in accordance with Section 349 of the Gambling Act 2005.

'Gambling' is defined in the Act as either gaming, betting or taking part in a lottery:

• 'gaming' means playing a game of chance for a prize
• 'betting' means making or accepting a bet on the outcome of a race, competition, or any other event; the likelihood of anything occurring or not occurring; or whether anything is true or not true
• a 'lottery' is where persons are required to pay in order to take part in an arrangement, during the course of which one or more prizes are allocated by a process which relies wholly on chance.

Licensing Objectives

In exercising their functions under the Gambling Act 2005, Licensing Authorities must have regard to the Licensing Objectives as set out in section 1 of the Act. The Licensing Objectives 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.
• Protecting children and other vulnerable persons from being harmed or exploited by gambling.

In order to achieve these objectives the Licensing Authority actively promote partnership working with other Local Authorities, the Police, Fire Service, local businesses, local people and those involved with child protection and gambling addiction as well as the Gambling Commission.

Premises and Activities Affected by the Act

The Gambling Act 2005 affects all premises that allow commercial gambling:

• Amusement Arcades
• Bingo Halls
• Bookmakers
• Casinos
• Pubs and Clubs
• Track Betting Premises

The Act also allows temporary use of other premises by holders of appropriate Operating licence issued by the Gambling Commission (see licence types).

Remote Gambling

Gambling in which persons, participate by the use of remote communication, including the internet, telephone, television, radio or any other kind of electronic or other technology for facilitating communication. This too is regulated by the Act.

The Licensing Authority is responsible for the issue of premises licences, provisional statements and permits. 

Licence Types

Three types of licence are required under the Act:

Operating & Personal Licences are to be issued by the Gambling Commission.

1. An operating licence concerned with the management and conduct of gambling.
2. A personal licence with key operational functions connected with the gambling business. Personal Management Licence, Personal Functional Licence, Operating & Personal Licence Application and Guidance. 
3. Premises Licence - The licensing authority is responsible for the issue of premises licences and permits for fixed premises throughout the city.

The local authority also undertake various regulatory functions in relation to a number of gambling activities and is responsible for:

• The receiving and endorsing of Temporary Use Notices;
• The receiving of Occasional Use Notices; and,
• The registering of Small Lotteries.
• Race nights

For more information please contact: The Licensing Authority, Regulatory Services and Public Protection, Room 704, Civic Centre, Barras Bridge, Newcastle upon Tyne, NE1 8PB.

E-mail: licensing@newcastle.gov.uk
Phone: 0191 211 5079

For further information you can also contact the Gambling Commission