Information relating to Temporary Use Notices (TUNS) and Occasional Use Notices under the Gambling Act 2005.
Temporary Use Notices
A Temporary Use Notice (TUN) can be issued for the temporary use of premises for gambling where there is no Gambling Act 2005 premises licence in place. Premises that might be suitable for a TUN might include hotels, conference centres and sporting venues.
Conditions of grant
A TUN may only be granted to a person or company that holds a relevant operating licence issued by the Gambling Commission. For example, the holder of a betting operating licence could apply to the licensing authority to provide betting facilities at a snooker tournament. A notice may not be given in respect of a vehicle.
There is a limit to how many temporary use days that can be applied for in a 12 month period. More than one TUN application can be made for a premises, but the total number of days combined cannot go over 21 days in any 12 month period. If it does, a counter- notice will be issued that will call the gambling to cease. It will be an offence for the applicant to continue offering facilities for gambling for more than the allowed 21 days.
The notice must be given to the licensing authority not less than three months and one day in advance of the event. A copy of the Notice must also be served on the Gambling Commission, the police and HM Revenues and Customs within seven days of the notice to the Council.
The Licensing Authority and the Responsible Authorities are permitted to make objections in relation to a temporary use notice. Objections must be made within 14 days of the date of the notice, a hearing will then be held to determine the notice.
If no objections are received, the event can proceed as applied for. A copy of the notice must then be displayed on the premises for the duration of the event.
The fee for a Temporary Use Notice is £250.
Occasional Use Notices
Occasional Use Notices may be utilised by licensed betting operators who have the appropriate permission from the Gambling Commission. They may apply to use tracks for short periods of betting for events which are of a temporary or infrequent nature, such as Point to Point meetings etc., where there is no Gambling Act 2005 premises licence in place.
There is an Application Form for giving an Occasional Use Notice.
Occasional Use Notices are limited to one day only with no more than eight permitted in any 12 month period. Consecutive days can be specified on the notice but the overall limit of eight days in a 12 month period must not be exceeded.
The Notice, which should specify which day(s) it relates to, must be served on the Council and copied to the police for the area in which the track is located. Provided that the notice will not result in betting facilities being available for more than eight days in a calendar year, there is no provision for counter-notices or objections to be submitted.
There is no fee payable to the Council, but only persons or companies holding a betting operating licence from the Gambling Commission will be allowed to provide betting facilities during the period of notice.
Information on other websites
For further advice or guidance on Temporary Event or Occasional Use Notices please contact the licensing department using the details below.
Erewash Borough Council
Call: 0115 9071113
Fax: 0115 9071121