Licence

Club Gaming Permits and Club Machine Permits

Summary

Club Gaming Permits

Club Gaming Permits allow the provision of facilities for two specific banker's games:

  • chemin de fer
  • pontoon (not blackjack)

and to charge higher participation fees (up to £3 per person per day).  In addition, gaming in a club or institute that holds a club gaming permit is not subject to the stake and prize limits that apply to exempt gaming under Section 269 of the Gambling Act 2005 (the Act).

 

Club gaming permits also allow clubs to provide a total of three gaming machines.  These may be from Categories B3A, B4, C or D.  The club is permitted to choose the combination of machines on its premises.

Club Machine Permits

If a club only wants to provide gaming machines and doesn't wish to have the full range of facilities permitted by a Club Gaming Permit, or if they are a Commercial Club not permitted to provide non-machine gaming (other than exempt gaming), they may apply for a Club Machine Permit under Section 273 of the Act.  

Fee

£200 New Application

 

Other Fees and Charges

£50 Annual Fee
£100 Variation
£25 Transfer
£25 Change of Name
£15 Copy of Permit

All fees are statutory.

 

You may pay in person or over the phone (01225 477531) using a credit or debit card.  

Validity/Renewals

Unless a shorter period is specifically stated, all permits will be granted for ten years.

The holder must pay a first annual fee within 30 days of the permit coming into effect, or within 12 months of the first issue date, whichever is the sooner.  Thereafter, an annual fee must be paid prior to each anniversary of the issue date, to maintain the permit.

An application to renew a permit must be made no earlier than three months, and no later than six weeks, before the permit expires.  The procedure for renewal is the same as for an application.

Eligibility Criteria 

Members' Clubs must have at least 25 members and be established or conducted mainly for purposes other than gaming.

The club shouldn't be established to make a commercial profit, and should be controlled by its members.  Examples include most sports clubs, working men’s clubs, branches of the Royal British Legion and politically affiliated clubs.

Commercial Clubs have the same characteristics as members' clubs, except that they are established to make a profit.  An example would be a snooker club.  Certain bridge and whist clubs may operate as commercial clubs if they are established to make a profit.
 
Under Section 271 of the Act, the Council may grant members' clubs (but not commercial clubs) Club Gaming Permits which authorise them to provide gaming machines, equal chance gaming and games of chance as prescribed in regulations.

This is in addition to the exempt gaming authorisation under Section 269 of the Act.

Application 

Applications must be in writing (including by electronic means) and must include:

  • an application form;
  • the fee.

You must also submit a copy of the application to the following within 7 days (unless applying under the Fast Track procedure detailed below):

Fast Track Procedure

Any premises holding a Club Premises Certificate under Section 72 of the Licensing Act 2003 can apply for a permit under the fast track procedure.  These will already have been through a licensing process to obtain their certificate.  Therefore, there is no requirement for a copy of the application to be sent to the Police or Gambling Commission.  The applicant will be entitled to a grant unless:

  • the club is established priamrily for gaming, other than gaming prescribed under Schedule 12 of the Act;
  • the applicant provides facilities for other gaming, in additional to the prescribed gaming; or
  • a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled.

Consultation 

On receipt of a valid application we will consult with the following:

who will have 28 days to make any objections to the application.

Objections 

If the Police or Gambling Commission wish to make an objection to an application, they must give written notice of their objection to Licensing Services, stating the grounds of the objection, within 28 days of the date of the application. 

Evaluation

An application can be refused on the following grounds:

  • The applicant does not fulfil the requirements for a members' or commercial club.
  • The premises are used wholly, or mainly, by children and/or young people.
  • An offence under the Act, or a breach of permit, has been committed by the applicant while providing gaming facilities.
  • A permit held by the applicant has been cancelled in the previous ten years.
  • An objection has been lodged by the Police or the Gambling Commission.

Before refusing an application, we must hold a hearing to consider the reasons for refusal and any objections received.  This can be dispensed with following consent of the applicant and anyone making (and not withdrawing) an objection.  In the event of this happening the applicant, the Police and the Gambling Commission must be informed.

If no relevant representations are received against your application, it will be granted as applied for upon completion of the consultation period.

There is no statutory period for determining applications.

Conditions 

Club Gaming Permits:

Club Machine Permits:

  • Only club members or guests are entitled to use the machines.
  • No child or young person to use Category B or C machines.
  • Must comply with the Gambling Commission Code of Practice.

Cancellation and Forfeiture

We may cancel a permit if:

  • the premises are used wholly by children and/or young people, or
  • an offence, or breach of a permit condition, has been committed in the course of gaming activities by the permit holder ('a condition' means a condition in the Act, or in the regulations the permit is operating under).

Before cancelling a permit, we must give the holder at least 21 days notice, and we must consider any representations they make.

If the permit holder requests a hearing, it must be held and must comply with any other procedure requirements set out in the regulations.  The cancellation would not take effect until:

  • any appeal has been determined;
  • 21 days after the notice of intention, if no appeal is lodged.

A permit can also be cancelled if the holder fails to pay the annual fee.  The court may order forfeiture of the permit if the holder is convicted of a relevant offence.

Tacit Consent 

The Gambling Act 2005 is not subject to the EU Services Directive and tacit consent does not apply.

Application Form 

An online application form is currently being developed.  The Government's Department for Culture, Media and Sport (DCMS) has supplied the following forms:

Please contact Licensing Services if you would like us to send you any of these forms.

Right of Appeal 

Please contact your legal advisor or Licensing Services.

Customer Complaints 

If you have a complaint about a trader, we would advise you first to contact the trader – preferably by letter with proof of delivery.  If that is unsuccessful and you are in the UK, the Citizens Advice Bureau will assist you.  If you are outside of the UK, contact the UK European Consumer Centre.

If you believe a club is operating either without a permit or in breach of its permit, please contact Licensing Services.

Guidance 

The Council's Statement of Principles outlines the principles it proposes to apply when exercising its functions under the Act.

Please contact either B&NES Licensing Services or the Gambling Commission for further guidance.

Relevant Legislation

Trade Associations 

None

Further Information 

For further information and guidance please phone Licensing Services on 01225 477531 or email licensing@bathnes.gov.uk.

Additional contact details.

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