The Gambling Act 2005 has introduced a range of permits which are granted by licensing authorities. Permits are required when premises provide a gambling facility but either the stakes and prizes are very low or gambling is not the main function of the premises. The permits also regulate gambling and the use of gaming machines (fruit machines) in specific premises.
Gambling Act Permits issued by the Council
The following permits are now processed and issued by the Council;
- Licensed Premises Gaming Machine Permits
- Club Gaming Permits and Club Machine Permits
- Prize Gaming Permits
- Unlicensed Family Entertainment Centre Permits
In addition, licensing authorities will be responsible for receiving, from holders of licensed premises under the Licensing Act 2003, notifications that they intend to exercise their automatic entitlement to two gaming machines of category C or D in their premises. See guidance on Gaming Machine Categories [PDF 23KB].
Holders of licensed premises gaming machine permits and club permits will be required to comply with the codes of practice [PDF 61KB] drawn up by the gambling Commission. These codes of practice provide information on the location and operation of gaming machines, and the responsibilities of licence holders.
Please see our Public Register for a list of all machine permits issued by Erewash.
Licensed Premises Gaming Machine Permits
Following the introduction of the Gambling Act 2005 gaming machines in premises licensed to sell alcohol are dealt with under this act.
The procedure for premises that hold a premises licence under the Licensing Act 2003 is split into two sections as stated below. Both automatic entitlement notifications and Licensed premises gaming machine permits are dealt with on one Application Form [PDF 113KB].
Automatic entitlement notification
For premises that have up to two Category C or D gaming machines there will be an automatic entitlement to this number of machines and the procedure is a simple notification to the licensing authority.
There is a one off payment of £50. A permit has no expiry date and will continue in force for so long as the premises continues to have an alcohol licence, and the holder of the premises licence continues to hold that licence.
N.B. This notification is not transferable and if a premises licence is transferred then a new notification must be made in the new holder's name.
New applications for Gaming Machines in Licensed Premises and applications to vary or transfer a permit.
For those licensed premises that wish to have more than two Category C or D machines they will need to apply for the required number of machines on the application form. There is a charge for the application together with an annual fee payable to the licensing authority.
For new applicants the charge is £150 plus an annual fee of £50. The charge to vary the licence is £100 and £25 to transfer the permit to another licence holder. A permit has no expiry date and will continue in force for so long as the premises continues to have an alcohol licence and the holder of the permit continues to hold that licence.
Club Gaming Permits and Club Machine Permits
Requests for a club gaming permit or club machine permit are dealt with on one Application Form [PDF 68KB]].
A club gaming permit is issued to members' clubs and miners' welfare institutes (but not commercial clubs). This permit will entitle the club to up to three Category B3A, B4, C or D machines, equal chance gaming subject to certain limits and games of chance such as pontoon and chemin de fer. This is in addition to the exempt gaming authorisation under section 269 of the act.
A club machine permit is issued to members' clubs, miners' welfare institutes and commercial clubs. This permit will entitle the club to up to three Category B3A, B4, C or D machines if it does not wish to have the full range of facilities permitted by a club gaming permit.
For new applicants the charge is £200, plus an annual fee of £50. The charge to vary the licence is £100 with an annual fee of £50. Club gaming and club machine permits are both valid for ten years.
Prize Gaming Permits
The Gambling Act 2005 defines gaming as prize gaming where the nature and size of the prize is not determined by the number of people playing or the amount paid for or raised by the gaming. The prize for which the game is played must not exceed the amount set out in regulations (if a money prize), or the prescribed value (if non-monetary). It is, therefore, gaming where the organiser puts up the prizes in advance, as distinct from gaming where the stakes of the participants make up the winnings.
A prize gaming permit is issued by the licensing authority to authorise the provision of facilities for gaming with prizes on specified premises. Prize gaming is intended to permit low level gaming for small participation fees and modest prizes. Bingo played at seaside amusement arcades, airports and motorway service areas that cater for families with young children is typical of this type of gaming. It can only be permitted on premises that offer Category D gaming machines.
New applications and renewals will cost £300. A change of name will cost £25. A permit is valid for 10 years and there is no annual fee for this type of permit. Please download the Application Form [PDF 117KB].
Unlicensed Family Entertainment Centre Permits
These permits are issued to premises which are mainly used by families, young people and unaccompanied children to play on gaming machines, such as small arcades in holiday parks, theme parks and seaside resorts. By holding a UFEC permit, a premises will only be able to operate Category D machines.
If the UFEC permit holder decides that they want to have Category C machines, in addition to Category D machines, they will have to apply for an Operating Licence from the Gambling Commission and then a gambling premises licence from the Council. Any premises will not be able to hold both a FEC permit and a gambling premises licence, so will have to decide on which gambling facilities they want to make available at their premises.
New applications and renewals will cost £300. A change of name will cost £25. A permit is valid for 10 years and there is no annual fee for this type of permit please download the Application Form [PDF 110KB].
See our Fees Table [PDF 76KB] for all Gambling Act 2005 applications.
Information on other websites
Equal Opportunities Monitoring
For further advice or guidance on Gambling Act 2005 Permit applications please contact the licensing department using the details below.
Erewash Borough Council