Gambling Act 2005 - Gaming Machines

     

Please click on the premise type below for further information:

• Adult Gaming Centre (AGC)
• Family Entertainment Centre (FEC)
• Unlicensed Family Entertainment Centre (uFEC)
• Gaming Machines - Permits (Alcohol Licensed Premises)
• Prize Gaming Permits
• Table of Gaming Machine Categories

 

 

Adult Gaming Centre (AGC)

The Gambling Act 2005 will be fully implemented on 01 September 2007 and applications can now be made under the Act. The Licensing Authority is responsible for issuing a Premises Licence for an Adult Gaming Centre (AGC).

Adult gaming centres will be able to offer up to 4 category B3 gaming machines and an unlimited number of category C and D gaming machines. Entrance will be strictly for over 18's and children will not be allowed access to any part of the premises. Premises licence is valid for life of premises and an annual fee is charged.

Existing Operators

• Premise Licence - Apply to your Licensing Authority before 31 July 2007 for continuation rights and before 01 September 2007 for grandfather rights.

• Operating & Personal Licence - Apply to the Gambling Commission.

New Operators

• Premise Licence - Apply to your Licensing Authority under the new Act.

• Operating & Personal Licence - Apply to the Gambling Commission.

Fees

Application Type	Fee
Transitional Fast-Track Application	£225
Transitional Non-Fast Track Application	£750
New Application	£1690
Annual Fee	£670
Application to Vary	£750
Application to Transfer	£820
Application for Re-Instatement	£820
Application for Provisional Statement	£1690
Licence Application (Provisional Statement )	£890
Copy of Licence	£25
Notification of Change	£25

Forms to Download

Forms are available from the DCMS (Department of Culture, Media and Sports) website. Please click here for DCMS Website.

Contact Details

Licensing Team  Environmental Services
Environment and Planning
Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone, CT20 2QY

01303 853526/853407

01303 853294

 licensing @ shepway.gov.uk

 

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Family Entertainment Centre (FEC)

The Gambling Act 2005 will be fully implemented on 01 September 2007 and applications can now be made under the Act. The Licensing Authority is responsible for issuing a Premises Licence for a Family Entertainment Centre (FEC).

Family entertainment centres will be able to offer an unlimited number of category C and D gaming machines. Children can enter family entertainment centres and use category D gaming machines. Category C gaming machines are for over 18's and must be located in an over 18's area. Premises licence is valid for life of premises and an annual fee is charged.

Existing Operators

• Premise Licence - Apply to your Licensing Authority before 31 July 2007 for continuation rights and before 01 September 2007 for grandfather rights.

• Operating & Personal Licence - Apply to the Gambling Commission.

New Operators

• Premise Licence - Apply to your Licensing Authority under the new Act.

• Operating & Personal Licence - Apply to the Gambling Commission.

Fees

Application Type	Fee
Transitional Fast-Track Application	£225
Transitional Non-Fast Track Application	£750
New Application	£1690
Annual Fee	£580
Application to Vary	£750
Application to Transfer	£820
Application for Re-Instatement	£820
Application for Provisional Statement	£1690
Licence Application (Provisional Statement )	£735
Copy of Licence	£25
Notification of Change	£50

Forms to Download

Forms are available from the DCMS (Department of Culture, Media and Sports) website. Please click here for DCMS Website.

Contact Details

Licensing Team  Environmental Services
Environment and Planning
Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone, CT20 2QY

01303 853526/853407

01303 853294

 licensing @ shepway.gov.uk

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Unlicensed Family Entertainment Centre (uFEC)

The Gambling Act 2005 will be fully implemented on 01 September 2007 and applications can now be made under the Act. The Licensing Authority is responsible for issuing a Family Entertainment Centre Gaming Machine Permit for an Unlicensed Family Entertainment Centre (uFEC).

Unlicensed family entertainment centres will be able to offer an unlimited number of category D gaming machines. Children have free access and can use any category D gaming machines. Permit lasts for 10 years and no annual fee is charged.

Existing Operators

• Family Entertainment Centre Gaming Machine Permit - Apply to your Licensing Authority before 31 July 2007 for continuation rights and before 01 September 2007 for grandfather rights.

New Operators

• Family Entertainment Centre Gaming Machine Permit - Apply to your Licensing Authority under the new Act.

Fees

Application Type	Fee
New Application	£300
Renewal of permit	£300
Change of name	£25
Copy of permit	£15

Forms to Download

The form below can be used for conversion to new Act, new applications and change of details.

• Unlicensed Family Entertainment Centre Application Form (58KB) 

Contact Details

Licensing Team  Environmental Services
Environment and Planning
Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone, CT20 2QY

01303 853526/853407

01303 853294

 licensing @ shepway.gov.uk

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Gaming Machines - Permits (Alcohol Licensed Premises)

Responsibility for issuing Section 34 permits to pubs and other alcohol licensed premises was transferred to licensing authorities in November 2005 as a result of changes made by the Licensing Act 2003. As from 1 September 2007 we continue to be responsible for dealing with gaming machines in licensed premises under the Gambling Act 2005.

 

 Are you an existing operator of a Section 34 Permit?

If yes, do you hold either a Shepway District Council Section 34 Permit or a Magistrates Court Permit? Please see relevant section:-

• Shepway District Council - You may continue to apply to Shepway District Council Licensing Team to renew your existing Section 34 permit in the normal way until 31 August 2007. You will also be required to submit an application if you transfer the ownership of the premises at any time so that the permit remains valid. These are currently granted for a period of 3 years only.

• Magistrates Court - Section 34 permit - If you hold a Section 34 permit issued by the Magistrates Court the expiry date could be anytime from now or even in 10 years time. Please note that ALL Section 34 Permits will expire on 31 August 2010. This will mean your permit issued by the Magistrates will become invalid. Please check the names on your permit - it should be the same name as the Premises Licence Holder under your Premises Licence (Licensing Act 2003). If not, you will need to apply to transfer your permit immediately as this will make your permit invalid and your machines should be switched off or removed from the premises until the correct permit is obtained.

If no, you do not hold a Section 34 Permit, you must apply to Shepway District Council Licensing Team for the permit in the normal way until 31 August 2007 if you wish to operate any form of gaming machines on licensed premises.

Continuation after 1 September 2007

Your existing Section 34 permit will be treated as if it were a licensed premises gaming machine permit issued under the new Act. It will expire on the date on which your current permit is due to expire. When it expires depending on the number of gaming machines you wish to offer will depend on two procedures.

Conversion/Renewals or Notification of 2 or less machines

For 1 or 2 machines you should notify Shepway District Council Licensing Team that you intend to take advantage of the automatic entitlement under the new Act. You will need to complete an application form and pay a fee. This is a one off fee, there are no annual fees. It will automatically be transferred when an application to transfer your Licensing Act 2003 Premises Licence.

For 3 or more machines you will need to apply to Shepway District Council Licensing Team for a licensed premises gaming machine permit two months before the date on which your permit is due to expire. Where the application is made at least two months before the expiry of your existing permit, continuation rights (grandfather rights) will apply. You will continue to be able to operate even if your application has not been resolved by that date.

Duration of a Gaming Machine Permit

This will be of unlimited duration. Once you have it, you will not need to apply again, unless your circumstances change. If you apply for 3 or more machines an annual fee will be payable on each anniversary of the date of issues of the permit. Failure to pay the annual fee may result in the cancellation of the permit.

Application Procedure under Gambling Act 2005

You will need to submit the following:-

• Application Form
• Relevant Fee
• Existing Permits

The form is used for the conversion of an existing Section 34 gaming machine permit, notification for 2 or less machines, for a new application, variation or transfer of ownership.

Requirements

The premises must be licensed under the Licensing Act 2003 to sell alcohol for consumption on the premises, without the requirement that alcohol is served only with food and there must be a bar for serving alcohol to customers on the premises. The gaming machines must be sited within the licensed area.

The Gambling Act 2005 provides for two types of gaming machines which can be located in alcohol licensed premises these are:-

• Category C - Maximum Stake = 50p / Maximum Prize = £35
• Category D - Maximum Stake 10p or 30p non-monetary / Maximum Prize = £5 cash or £8 non-monetary.

All alcohol licensed premises that provide gaming machines for use on the premises must comply with any relevant Code of Practice issued by the Gambling Commission under Section 24 of the Gambling Act 2005.

Making sure Gaming Machines are fair and open all machine manufactures, suppliers etc are required to comply with the Commission's Technical Standards.

As part of those standards:

• Machines must display information about help available to problem gamblers.
• Customers will only be able to play one game at a time and the speed of play on any game will be restricted.
• Manufacturers must not make machines (other than category D machines) specifically attractive to children and young people.
• Gaming machines must display information on the machine, including the nature of the machine, stake and prize levels and percentage return to the player.
• In the case of a dispute between the operator and a customer, gaming machines must allow the operator to track the history of previous games played on the machine.
• Gaming machines will be required to undergo certain tests to ensure that they are fair and open before they are put on the market. The nature of these tests will vary according to the category of the machine.

Information

During all visits to licensed premises the Council Licensing Enforcement Officer will now be checking current permits (Section 34 Permits). If any illegal machines are found in licensed premises the licence holder will be reported to the Gambling Commission. Please make sure that your machines comply with the Gambling Act 2005 requirements. If you are in any doubt please contact your machine operator or the Gambling Commission.

Fees

Notification of 2 or less Gaming Machines
Notification of 2 or less machines	£50
Copy of a notification approval	£10.50
There are no annual fees payable for 2 machines or less
Gaming Machine Permits
Existing Operator	£100
New Operator	£150
To vary the permit	£100
Transfer of the permit	£25
Annual fee	£50
Copy of a permit	£15

Forms to Download

The form below can be used for notification of 2 or less machines, application for gaming machine permit, variation to existing gaming machine permit, conversion to new Act and transfer of a permit.

Notification of 2 or less Gaming Machines and Gaming Machine Permit Application Form (56KB) 

Contact Details

Licensing Team  Environmental Services
Environment and Planning
Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone, CT20 2QY

01303 853526/853407

01303 853294

 licensing @ shepway.gov.uk

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Prize Gaming Permits 

The Gambling Act 2005 will be fully implemented on 01 September 2007 and applications can now be made under the Act. The Licensing Authority is responsible for issuing prize gaming permits.

Under the old Act prize gaming permits are known as Section 16 permits and are issued under Schedule 3 of the Lotteries and Amusements Act 1976.

Holders of certain permissions under the new Act (bingo halls, adult gaming centres, licensed family entertainment centres and holders of family entertainment centre gaming machine permits) will be automatically entitled to offer prize gaming. The 2005 Act also authorises prize gaming to be offered at travelling fairs without the need for a permit.

It is important to note that Part 13 of the new Act, which relates to prize gaming, does not authorise the use of any gaming machines.

Existing Operators

• Premise Licence - Apply to your Licensing Authority before 31 July 2007 for continuation rights and before 01 September 2007 for grandfather rights.

New Operators

• Premise Licence - Apply to your Licensing Authority under the new Act.

Fees

Application Type	Fee
New Application	£300
Renewal of permit	£300
Change of name	£25
Copy of permit	£15

Forms to Download

The form below can be used for conversion to new Act, new applications and change of details.

• Prize Gaming Application Form (59KB)

Contact Details:

Licensing Team  Environmental Services
Environment and Planning
Shepway District Council
Civic Centre
Castle Hill Avenue
Folkestone, CT20 2QY

01303 853526/853407

01303 853294

 licensing @ shepway.gov.uk

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Table of Gaming Machine Categories

Category of machine	Maximum "Stake"	Maximum Prize
A	Unlimited	Unlimited
B1	£2	£4,000
B2	£100 (in multiples of £10)	£500
B3	£1	£500
B4	£1	£250
C	50p	£35
D	10p money prize	£5 money prize
	30p non-money prize	£8 non-money prize

 

	Machine category
Premise Type	A	B1	B2	B3	B4	C		D
Regional casino (table/ machine ratio of 25-1 up to maximum)	Maximum of 1250 machines Any combination of machines in categories A to D, within the total limit of 1250 (subject to table ratio)
Large casino (table/ machine ratio of 5-1 up to maximum)	X	Maximum of 150 machines Any combination of machines in categories B to D, within the total limit of 150 (subject to table ratio)
Small casino (table/ machine ratio of 2-1 up to maximum)	X	Maximum of 80 machines Any combination of machines in categories B to D, within the total limit of 80 (subject to table ratio)
Pre-2005 Act casinos (no table/ machine ratio)	X	Maximum of 20 machines categories B to D or C or D machines instead
Betting premises and tracks occupied by Pool Betting	X	X	Maximum of 4 machines categories B2 to D
Bingo Premises	X	X	X	Maximum of 4 machines in category B3 or B4		No limit C or D machines
Adult gaming centre	X	X	X	Maximum of 4 machines in category B3 or B4		No limit C or D machines
Family entertainment centre (with premises licence)	X	X	X	X	X	No limit on Category C or D machines
Family entertainment centre (with permit)	X	X	X	X	X	X	No limit on Category D machines
Clubs or miners' welfare institutes with permits	X	X	X	X	maximum of 3 machines in categories B4 to D
Qualifying alcohol licensed premises	X	X	X	X	X	1 or 2 machines of category C or D automatic upon notification
Qualifying alcohol licensed premises with gaming machine permit	X	X	X	X	X	Number as specified on permit
Travelling fair	X	X	X	X	X	X	No Limit on Category D machines
	A	B1	B2	B3	B4	C	D

 (X = category of machines not permitted on this type of premises)

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