x

Coronavirus (COVID-19)

COVID-19 cases are rising in Derby - read the latest COVID-19 guidance.

Gambling premises information

Gambling premises are regulated by the Gambling Act 2005. The Gambling Act came into force on 1st September 2007. Its purpose is to strengthen the protection for consumers who take part in gambling and also to reduce the amount of regulation for those running gambling activities.

The Gambling Act 2005 sets three licensing objectives:

  1. Preventing gambling from being a source of crime or disorder, associated with crime or disorder or used to support crime.
  2. Ensuring that gambling is conducted in a fair and open way.
  3. Protecting children and other vulnerable people from being harmed or exploited by gambling.

There are three types of licences issued under the Act:

  1. Operating licence – required by individuals or companies who intend to provide facilities for gambling. These are granted by the Gambling Commission.
  2. Personal licence – required by directors/managers (personal management licence) and those performing operational functions, such as croupiers (personal functional licence). These personal licences are granted by the Gambling Commission.
  3. Premises licences – required for premises where gambling will take place and are issued by us.

A premises licence is not time limited but may be surrendered or subject to review following representations from an interested party or responsible authority.

A licence will expire if the annual fee is not paid.

A premises licence must:

  • specify the name of the person it is issued to
  • specify a home or business address of that person
  • specify the premises it relates to
  • specify the activities authorised to be available at the premises
  • specify any conditions attached by us
  • specify any default conditions that have been excluded by us
  • include a plan
  • specify the period that the licence will be in force, if the period of life of the premises licence is time limited.

Where a person makes an application for a new premises licence, or to vary an existing premises licence, you must publish a Gambling notice of application form for new premises licence form.

  • by displaying a notice on the premises to which the application relates
  • in a place where it can be conveniently read by members of the public from the exterior of the premises
  • for a period of no less than 28 consecutive days starting on the day the application is made to us
  • by publishing a notice in a local newspaper on at least one occasion during the period of ten working days, starting with the day after the application is made to us.

We will not grant an application until notice of that application has been published to comply with the above procedure.

A premises licence is not time limited.

Our licensing payments page explains what fees apply and how to pay them.

A premises licence may be transferred to another holder of an operator's licence but only if that operator's licence is for an equivalent activity.

Complete the Gambling premises transfer application form and send this with the relevant payment.

You must complete one of the following...

If you are posting the application forms, you are required to also serve a copy of the application, including the accompanying documentation, to the responsible authorities on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to the responsible authorities. We can only accept applications for premises within our local authority area.

A premises licence may be varied.

Complete the Premises Variation Form and send this with the relevant payment.

You must complete the following:

If you are posting the application forms, you are required to also serve a copy of the application, including the accompanying documentation, to the responsible authorities on the same day as the application is given to us. If the application is submitted electronically, we will provide copies to the responsible authorities. We can only accept applications for premises within our local authority area.

A request for a review must be based on the three licensing objectives.

You must make a request for a review using the Gambling premises review application form and the applicant must send copies of the application to the holder of the licence and all the responsible authorities on the same day as the application is sent to us.

You must complete the following:

Reviewing a valid licence review request

Once a valid request has been received, we must advertise the request by posting notices:

  • at the site
  • at our offices

During the following 28 days, the licence holder, a responsible authority or an interested party may make representations to us about the review.

We must hold a hearing to determine what action should be taken.

The possible outcomes are we:

  • do nothing
  • modify the conditions
  • exclude a licensable activity
  • remove the Designated Premises Supervisor
  • suspend the licence for up to three months
  • revoke the licence.

If we decide to reject the review application we may issue an informal warning to the licence holder and/or recommend improvement within a particular period of time.

We must notify the outcome of the review to:

  • the licence holder
  • the applicant for the review
  • any person or body who made a representation and
  • the Chief Officer of Police.

The outcome of the review will not begin to take affect until at least 21 days after the decision is notified, to allow for any appeal to be made to the Magistrates' Court.

Where premises are being, or are about to be, constructed/altered, the necessary investment may not be committed unless investors have some assurance that a premises licence, covering the desired licensable activities, would be granted for the premises when the building work is completed.

An Application for a provisional statement needs to be advertised and a plan must be submitted with the application form, see premises licence applications for more details.

Complete the Gambling provisional statement application form and send this with the relevant payment.

The Gambling Act allows us to set our own fees for premises licences, subject to maximum levels that have been specified by central government.

  • The relevant fee must be sent with an application for it to be valid.
  • The application fee is not refundable if the application is withdrawn or if it is unsuccessful.
  • A first annual fee is payable within 30 days of the issue date of the licence or permit. Details of this payment will be provided at the time of licence issue. This applies to:
    • Adult gaming centre
    • Betting offices including pool betting premises (formally track betting)
    • Bingo
    • Casino
    • Family entertainment centre
    • Club gaming permit
    • Club machine permit and
    • Licensed premises gaming machine permit.
  • An annual fee is payable before the anniversary of the licence being granted.

Our licensing payments page explains what fees apply and how to pay them.

These authorities are able to comment on applications made under the Gambling Act 2005, and can apply for a review of a licence.

When making an application for a premises licence, notice must be given to each of the responsible authorities within seven days, beginning on the date the application is made. We will not grant an application until notice of that application has been given in accordance with the above procedure.

Derbyshire Constabulary

c/o Licensing Officer
St. Mary's Wharf
Prime Parkway
Chester Green
Derby
DE1 3AB

Telephone: 0300 122 4911
Email: derby.licensing@derbyshire.pnn.police.uk

Applications by email must be followed up with a hard copy by post.

Primary Care Trust

Director for Public Health
NHS Derby City
The Council House
Corporation Street
Derby
DE1 2FS

When sending mail to this address, please make sure you include the words 'protected' and 'for the addressed only'.

Telephone: 01332 643067

Derbyshire Fire and Rescue Service

Fire Authority
South Area Licensing
Derbyshire Fire and Rescue Service
Ascot Drive Fire Station
Ascot Drive
Derby
DE24 8GZ

Telephone: 01332 345440
Email: south_area_admins@derbys-fire.gov.uk

Environmental Protection

Derby City Council
Environmental Protection Team
The Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 642020
Email: environmental.services@derby.gov.uk

Director of Planning and Transportation

Derby City Council
Neighbourhoods
The Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 640795
Email: developmentcontrol@derby.gov.uk

Derby Safeguarding Children Board

Child Protection Manager
Derby City Council
Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 642376

Gambling Commission

Victoria Square House
Victoria Square
Birmingham
B2 4BP

Telephone: 0121 230 6666
Email: info@gamblingcommission.gov.uk

HM Revenue & Customs

National Registration Unit
Excise Processing Teams
Gambling Duties
BX9 1GL

Telephone: 0300 200 3700
Email: nrubetting&gaming@hmrc.gsi.gov.uk

Responsible authority for water borne vessels

The Act provides that, for a vessel, but no other premises, responsible authorities also include navigation authorities. They have statutory functions for the waters where the vessel is usually moored or berthed and for any waters where the vessel navigates when it is used for licensable activities.

A premises licence will expire if the licence holder fails to pay the relevant annual fee.

The Gambling Commission was established in October 2005 and has taken over the functions of the Gaming Board for Great Britain. The Commission is responsible for regulating gaming and certain lotteries covered by the Gambling Act 2005.

The Gambling Commission is responsible for granting, operating, issuing personal licences for commercial gambling operators, along with other functions, including specifying conditions and issuing code of practices.

You can contact the Gambling Commission at:

Victoria Square House
Victoria Square
Birmingham
B2 4BP

Telephone: 0121 230 6666
Fax: 0121 230 6720
Email: info@gamblingcommission.gov.uk
Website: www.gamblingcommission.gov.uk

Under the Gambling Act 2005, representations may be made about applications for:

  • a new premises licence
  • a variation of an existing premises licence.

Responsible authorities

  • Police
  • Fire and rescue
  • Local planning authority
  • Noise control - local authority
  • HM Revenue and Customs
  • Gambling Commission
  • Local Safeguarding Children's Board
  • Licensing authority

Vessels only

  • Environment Agency

Interested parties

These include:

  • a person that lives sufficiently close to the premises to be likely to be affected by the authorised activities
  • a person that has business interests that might be affected by the authorised activities
  • a person who represents persons in either of the two above groups.

You must make any representations in writing to us and they must be received during the representation period.

Any representation made must be relevant and relate to the Licensing Objectives or that raise issues under either the:

Relevant representations that are received will be included in a report to the hearings panel. This report is a public document and will be circulated to all the parties prior to the hearing.

Representations may not be made anonymously.

The statutory representation period begins the day a valid application is received by us and lasts for 28 days. During this time there must be at least one notice in the local paper and a notice displayed on the premises for 28 days. The application will also appear on Current Applications.

If representations are made against an application which cannot be resolved through mediation, then the application will be heard by our Licensing Committee. The hearing must be carried out within 20 working days (a 'working day' is any day other than a Saturday, Sunday, Christmas Day, Good Friday or Bank Holidays) from the end of the consultation period.

The applicant, and anyone who made representations to an application, can appeal if they are not satisfied with the decision of the licensing committee.

We issue a notice of the decision to the applicant and anyone who made representations. Appeals can be made against new, variation and review applications.

Any appeal must be lodged at the local Magistrates' Court within 21 days of the date the applicant was informed of the Committee's decision.

Any petitions received will need to follow the Council's advice on submitting petitions.