Gambling Act 2005

Brentwood Borough Council is the Licensing Authority for this area and works with the national gambling regulator, the Gambling Commission. 

The Gambling Commission's role is to issue personal licences, operating licences, statutory guidance and codes of practice and investigate illegal gambling and also has prosecution powers.  More information about these processes can be found on the Commission's website: www.gamblingcommission.gov.uk

The Council is responsible for determining applications for premises licences in respect of betting offices, race tracks, casinos, bingo clubs, adult gaming centres and family entertainment centres.  The Council also issues permits for gaming machines in members’ clubs and licensed premises. 

Additionally, the Council is responsible for administering ‘Temporary Use Notices’ and ‘Occasional Use Notices’ and registering Small Society Lotteries.

The regulatory regime has three licensing objectives:

  • 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

The Licensing Authority cannot become involved in the moral issues relating to gambling and must aim to permit the use of premises for gambling in so far as they think it is

  • in accordance with any relevant codes of practice;
  • in accordance with any relevant Guidance issued by the Gambling Commission;
  • reasonably consistent with the Licensing Objectives; and
  • in accordance with the Licensing Authority’s Statement of Licensing Policy.

Before the Licensing Authority can consider an application for a Premises Licence, the applicant must have obtained an Operating or Personal Licence, or both, from the Gambling Commission.

If you have an enquiry related to the Gambling Act 2005, please email licensing@brentwood.gov.uk.

Gambling Act 2005 - fees and charges

Licensing Authorities are required to set their fees under the Gambling Act 2005 on a cost recovery basis, within the maxima for each category of licence contained in The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007. 

Fees and charges under the Gambling Act 2005
Bingo Clubs Fee (£)
New Application 3500
Annual Fee 1000
Application to Vary 1750
Application to Transfer 1200
Application to Re-instatement 1200
Application for Provisional Statement 3500
Licence Application (Provisional Statement holders) 1200
   
Betting Premises Fee (£)
New Application 3000
Annual Fee 600
Application to Vary 1500
Application to Transfer 1200
Application for Re-Instatement 1200
Application for Provisional Statement 3000
Licence Application (Provisional Statement holders) 1200
   
Tracks Fee (£)
New Application 2500
Annual Fee 1000
Application to Vary 1250
Application to Transfer 950
Application for Re-Instatement 950
Application for Provisional Statement 2500
Licence Application (provisional Statement holders) 950
   
Family Entertainment Centres Fee (£)
New Application 2000
Annual Fee 750
Application to Vary 1000
Application to Transfer 950
Application for Re-Instatement 950
Application for Provisional Statement 2500
Licence Application (provisional Statement holders) 950
   
Adult Gaming Centres Fee (£)
New Application 2000
Annual Fee 1000
Application to Vary 1000
Application to Transfer 1200
Application for Re-Instatement 1200
Application for Provisional Statement 2000
Licence Application (provisional Statement holders) 1200

 

No fees have been set at this time in respect of the various categories of casinos under the Act as no such applications are currently anticipated.  

There are statutory fees in respect of prize gaming, small society lotteries, gaming machine permits, Temporary Use Notices and Occasional Use Notices, which are set by the Government. 

Making an application

Gambling Premises Licences

We are responsible for licensing premises that offer facilities for gambling.  This means you will need a licence if you wish to run a gambling premises such as:

  • Bingo premises
  • Betting track premises
  • Betting (other) premises (eg betting shops)
  • Adult gaming centres
  • Family entertainment centres

All premises licences will allow the use of gaming machines.

The type of licence you have will affect the number and type of machines you can operate.

How do I apply for the licence

You can use these forms to apply to Brentwood Borough Council for a new premises licence in respect of betting shops, adult gaming centres, family entertainment centres and bingo halls.

Once you have made an application, you will need to:

  • Serve a notice of application to responsible authorities on each responsible authority within 7 days of the application being made.
  • advertise your application outside your premises using the notice of application to be published. There is a 28-day consultation period which runs from the day after which the application is received by the Council.  You need to place a notice on the premises, or on the site of the premises if it has not been constructed, in a location that can be clearly read by the public at all times. This notice of the application must be displayed for the whole 28-day consultation period. 
  • a notice of application to be published must also be advertised in a newspaper of local relevance, on at least one occasion, within 10 working days of the application being made.

Once we receive your application, we will:

  • allow 28 days for representations

If we receive any representations, we will take the application to a hearing for councillors to consider. We will then notify you of their decision.

If we do not grant your licence, we will not refund your fee, but you can appeal the decision by writing to us. Appeals are made to a Magistrates' court within 21 days of notice of the decision.

If we do not receive any representations, we will grant the licence.

Operator Licences

Operator licences are issued by the Gambling Commission.  You can find out more on their website at www.gamblingcommission.gov.uk

Personal Licences 

Personal licences are issued by the Gambling Commission.  You can find out more on their website at www.gamblingcommission.gov.uk

Licensed premises gaming machine permit

The Gambling Act 2005 makes special provision for various types of gaming in certain premises with an alcohol licence.  These exemptions, which are set out in sections 279 to 284 of the Act, apply only where:

  • there is a Premises Licence under the Licensing Act 2003 which authorises the supply of alcohol for consumption on the licensed premises
  • which contain a bar at which alcohol is served without a requirement that it is served only with food
  • and at a time when alcohol can be served under the Premises Licence.

Notification of two or less machines

There is an automatic entitlement for one or two gaming machines of Category C or D provided that: 

  • the licence holder sends the Licensing Authority written notice of his intention to make gaming machines available under Section 282 (1) and the prescribed fee of £50. No annual fee is payable.
  • any relevant provision of a code of practice about the location and operation of a gaming machine is complied with.

The notification fee is £50

Notification of more than two machines

For more than two Category C or D gaming machines, a licensed premises gaming machine permit issued by the Licensing Authority is required. The application fee is £150 and there is an annual fee of £50.

In certain circumstances the Licensing Authority can make an order ‘disapplying’ the automatic entitlement in respect of individual premises if problems occur. 

Apply for a Licensed premises gaming machine permit - pdf

Further Information

For further information please visit the Gambling Commission's website, or if you require assistance with submitting an application please email licensing@brentwood.gov.uk

Society lotteries

Small Society Lotteries

Groups running small society lotteries must be registered with the local authority where the society’s principal office is located.

More than one lottery can be run during the year; however, no more than £20,000 worth of tickets can be put on sale for each lottery and the aggregate proceeds during the year must not exceed £250,000.

If either of these limits is likely to be exceeded, it is the responsibility of the society to apply to the Gambling Commission for a licence to operate a large society lottery.

Register a small society lottery

The online form below can be used to register a new small society lottery.

Register a society lottery 

The following fees apply:

  • £40 initial registration fee
  • £20 annual fee, to keep the registration active

If you do not pay the annual fee, we may cancel your registration and a new application will have to be made.

Pay your society lottery annual fee

Returns to be made after you have run a lottery.

Submit your society lottery return

Further information

For further information please visit visit the Gambling Commission's website, or if you require assistance with submitting a registration or return please email licensing@brentwood.gov.uk

Statement of gambling licensing policy

The Council’s Statement of Gambling Policy is reviewed in accordance with statutory requirements, Brentwood Borough Council consulted on its revised policy from the 1st August to the 24th October 2012.

Following the consultation period, the draft policy received approval at the Planning, Development Control and Licensing Committee meeting of the 7th November, and was subsequently adopted by Members of the Council at the Ordinary Council meeting on the 19th December.

In accordance with Regulation 7 of the Gambling Act 2005 and the (Licensing Authority Policy Statement) Regulations 2006, Brentwood Borough Council gave notice of its intent to publish the Statement of Gambling Policy 2013-16 on Friday 21st December 2012.

The revised policy was published on the Brentwood Borough Council website on Monday 24th December 2012 and came into effect as of Wednesday 2nd January 2013. This policy will remain in effect until the 31st January 2016, subject to any further or necessary revisions.

The policy is being reviewed in 2021 and will be published on this page following approval by Members.

Further information

The Licensing Authority is required to prepare and publish a statement of the principles that it proposes to apply when exercising its functions under the Act.  The licensing policy statement will last for a maximum of three years but can be reviewed and revised by the Licensing Authority at any time, for instance in the light of feedback from the local community on whether the statutory objectives are being met. 

Before determining its policy for any three year period, the Licensing Authority must consult: 

  • the chief officer of police for the area;
  • one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area; and
  • one or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority’s functions under this Act. 

The list of persons to be consulted when preparing the licensing policy statement is deliberately wide to allow Licensing Authorities to undertake a comprehensive consultation exercise with anyone who may be affected by or otherwise have an interest in the licensing policy statement. 

Guidance issued by the Gambling Commission suggests that Licensing Authorities might consider consultation with a range of organisations including:

  • faith groups
  • voluntary and community organisations working with children and young people
  • organisations working with people who are problem gamblers
  • medical practises or primary care trusts
  • advocacy organisations (such as the Citizen’s Advice Bureau and trade unions)