MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 1

GAMBLING ACT 2005
BABERGH AND MID SUFFOLK STATEMENT
OF PRINCIPLES

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 2

CONTENTS

PART A – GENERAL MATTERS

1. Introduction 3
2. Licensing Objectives 6
3. Declaration 7
4. Responsible authorities 7
5. Interested parties 8
6. Exchange of information 9
7. Enforcement 9
8. Licensing Authority functions 10
9. Appeals 11
PART B – PREMISES LICENSING

1. General principles 12
2. Reviews 18
3. Provisional Statements 19
4. Temporary Use Notices 20
5. Occasional Use Notices 21
6. Casinos 22
7. Bingo 22
8. Betting premises 23
9. Tracks 23
10. Adult Gaming Centres 32
11. (Licensed) Family Entertainment Centres 33
PART C – PERMITS, & SOCIETY LOTTERIES

1. Unlicensed Family Entertainment Centre gaming machine
permits
35
2. Club Gaming Permits 36
3. Club Machine Permits 38
4. (Alcohol) Licensed premises gaming machine permits 39
5. Prize Gaming Permits 40
6. Travelling fairs 41
7. Society Lotteries 42
SCHEDULES

A: Responsible Authority Contacts 44
B: Interpretation and reference for Gambling Act 2005 terminology 46
C: Gaming machine entitlement by premises type 49
D: Gambling Activities: Children and Young Persons 51
E: Local Area Profiles and Risk Assessments 52

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 3
PART A: GENERAL MATTERS

1. Introduction

1.1. Babergh and Mid Suffolk are predominately rural districts covering the
geographical centre of Suffolk, running from the boundary with Essex in the
south to the boundary with Norfolk in the north. This covers a total area of
approximately 1463 square kilometres.

1.2. The population of Babergh District is 94,227; Mid Suffolk population is 105,724
(Office of National Statistics). Across Babergh and Mid Suffolk, more than half
the population live in villages and rural areas. Together the Districts have six
population centres; which include Eye, Needham Market and Stowmarket in Mid
Suffolk; Pinewood, Hadleigh and Sudbury in Babergh. The historic market towns
are surrounded by a rural hinterland.

1.3. Babergh and Mid Suffolk are heavily influenced by large centres of population
with Ipswich in the east, Bury St Edmunds in the west, Diss and Harleston in the
north. This is reinforced by the area’s strategic transport connectivity with main
road and rail links including the A12/A14/A140 main roads from London to
Felixstowe and Cambridge, together with main line rail links from London, to
Cambridge and Norwich and a strategic link for freight traffic from Felixstowe to
Nuneaton in the Midlands. A large portion of Mid Suffolk has direct access to
the A14 and the main line railway between London/Ipswich/Norwich and
Cambridge. Babergh has less accessibility with a smaller proportion of its area
served directly by the east A12 and north by the A14 and no main line railway
stations.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 4
Mid Suffolk Area Plan:

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 5
Babergh Area Plan:

1.4. The Gambling Act 2005 (the “Act”) requires this Licensing Authority to draft, consult
on and publish a Statement of Licensing Policy in relation to its responsibilities
under the Act. Once published, this Policy Statement, called the Statement of
Gambling Policy, will be kept under constant review and, in any case, will be re-
published after every three years. This version of the Statement of Gambling Policy
has been revised following the 3 year review and is for the period of 2025 – 2028.

1.5. In producing this Policy, the Authority consulted with those bodies listed in
schedule A, the statutory consultees, local groups and other interested parties.
The Act requires that the following parties are consulted by the Licensing Authority:

• The chief of Police for the Authority’s area
• One of more persons who appear to the Authority to represent the interest
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 the Act

1.6. Notwithstanding this policy statement, each application received will be
considered on its own merits, subject to the provisions of the Act, associated and
subordinate legislation, and common law.

1.7. The Gambling Act 2005 can be accessed via:
http://www.legislation.gov.uk/ukpga/2005/19/contents

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and the Gambling Commission’s Guidance to Licensing Authorities may be
accessed via; https://www.gamblingcommission.gov.uk/guidance/guidance-to-
licensing-authorities

2. The Licensing Objectives

2.1. The Act also requires this Authority to carry out its various licensing functions while
having regard to, and being reasonably consistent with, the following 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 Gambling Commission has stated that, with limited exceptions, the intention
of the Gambling Act 2005 is that children and young persons should not be
permitted to gamble and should be prevented from entering those gambling
premises which are adult only environments. The objective refers to protecting
children from being ‘harmed or exploited’ by gambling. This means preventing
them from taking part in gambling activities, except limited authorised activities
(see schedule D), and for there to be restrictions on advertising so that gambling
products are not aimed at children or advertised in such a way that makes them
particularly attractive to children (excepting category D machines).

2.2. As required by the Guidance issued by the Gambling Commission, in carrying out
its licensing functions under the Act, particularly with regard to premises licences,
the Council shall aim to permit the use of premises for gambling as long as it is
considered to be:

a) in accordance with any relevant code of practice issued by the
Gambling Commission,
b) in accordance with any relevant guidance issued by the Commission
c) reasonably consistent with the licensing objectives (subject to a and b
above) and
d) in accordance with the policy statement published by this Authority under
section 349 of the Act.

The effect of this duty is that licensing authorities must approach their functions
in a way that seeks to regulate gambling by using their powers, for example,
powers to attach conditions to licences, to moderate its impact on the licensing
objectives rather than by starting out to prevent it altogether.

Nothing in this Statement of Gambling Policy will override the right of any person
to make an application under this Act and have that application considered on its
individual merits. Equally, nothing in the Statement of Gambling Policy will

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 7
undermine the right of any person to make representations to an application or
seek a review of a licence where there is a legal power to do so.

This Authority will endeavour to ensure that when considering applications under
this legislation it will avoid duplication with other regulatory regimes so far as
possible.

2.3. Previous gambling legislation required that the grant of certain gambling
permissions should take account of whether there was an unfulfilled demand for
gambling facilities. However, unfulfilled demand is not a criterion for a Licensing
Authority in considering an application for a premises licence under the Gambling
Act. Each application will be considered on its merits without regard to demand.

2.4. The Gambling Commission’s guidance for local authorities states that moral
objections to gambling are not a valid reason to reject applications for premises
licences and that a licensing authority must not consider unmet demand when
deciding an application. However, to have regard to, and be reasonably
consistent with the licensing objectives we will have to consider whether a
particular premises is appropriate for the intended activity.

2.5. All references in this Statement of Gambling Policy, to the Gambling
Commission’s Guidance for Licensing Authorities, relates to the edition published
in April 2021 and any subsequent updated versions. The Guidance is updated
from time to time and, if considered necessary, this Statement of Gambling Policy
will be revised to incorporate any future changes to the Guidance.

3. Declaration

3.1. In producing its statement, this Licensing Authority declares that it has had regard
to the licensing objectives under the Act, the guidance issued by the Gambling
Commission and the final statement will have regard to any responses from those
consulted on the statement.

4. Responsible Authorities

4.1. The Licensing Authority is required to designate, in writing, a body that is
competent to advise it about the protection from children from harm. In making
this designation the following principles have been applied:

• the competency of the body to advise the Licensing Authority.
• the need for the body to be responsible for an area covering the whole of
the Licensing Authority’s area; and
• the need for the body to be answerable to democratically elected persons,
rather than any particular vested interest group etc.

4.2. In accordance with the Gambling Commission Guidance for Licensing Authorities
this Authority intends to designate the Suffolk Safeguarding Children Board for
this purpose.

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4.3. A full list of Responsible Authorities designated under the Act and their contact
details are available on request to the Licensing Team. It should be noted that
under the Act, the Licensing Authority is designated as a Responsible Authority.

5. Interested parties

5.1. Interested parties can make representations about licence applications or apply
for a review of an existing licence. An Interested Party is defined in the Act as
follows:

‘…a person is an interested party in relation to a premises licence or in relation to
an application for or in respect of a premises if, in the opinion of the Licensing
Authority which issues the licence or which the application is made, the person

a) live sufficiently close to the premises to be likely to be affected by the
authorised
activities,
b) have business interests that might be affected by the authorised
activities, or
c) represent persons who satisfy paragraph (a) or (b)’.

5.2. In determining whether a person lives or has business interests sufficiently close
to the premises, that they are likely to be affected by the authorised activities, the
Licensing Authority will consider the following:

• the size of the premises;
• the nature of the premises (including activities the applicant proposes to
provide);
• the distance of the premises from the location of the person making the
representation;
• the potential impact of the premises (for example, the number of
customers, routes likely to be taken by those visiting the establishment);
• the circumstances of the complaint. This does not mean the personal
characteristics of the complainant but the interest of the complainant,
which may be relevant to the distance from the premises;
• the catchment area of the premises (for example, how far people travel to
visit); and
• whether the person making the representation has business interests in
that catchment area that might be affected.

5.3. For example, it could be reasonable for an Authority to conclude that ‘sufficiently
close to be likely to be affected’ could have a different meaning for (a) a private
resident (b) a residential setting for children with additional vulnerabilities and (C) a
residential hostel for vulnerable adults.

5.4. It will also consider the Gambling Commission’s guidance that “business interests”
should be given the widest possible interpretation and include partnerships,
charities, faith groups and medical practices. Trade associations, trade unions,

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residents and tenants’ associations will normally only be viewed as interested
parties if they have a member who can be classed as an interested party – i.e. who
lives sufficiently close to the premises to be likely to be affected by the activities for
which the application is being made.

5.5. Interested parties can be persons who are democratically elected such as
Councillors and Members of Parliament (MPs). No specific evidence of being asked
to represent an interested person will be required if the Councillor / MP represents
the ward likely to be affected. Other than these however, this Authority will generally
require written evidence that a person/body (e.g. an advocate or relative)
‘represents’ someone who is an interested party. Members who are asked by an
interested party to represent them should not sit on the Sub-Committee considering
that application.

5.6. The Licensing Authority will decide if a representation made in respect of an
application is valid based on the following factors:

• It is not frivolous or vexatious.
• It raises issues that relate to Guidance issued by the Gambling
Commission.
• It raises issues that relate to this policy.
• It relates to the licensing objectives.

6. Exchange of Information

6.1. Licensing Authorities are required to include in their Statement of Gambling Policy
the principles to be applied by the Authority in exercising the functions under
sections 29 and 30 of the Act with respect to the exchange of information between it
and the Gambling Commission, and the functions under section 350 of the Act with
respect to the exchange of information between it and the other persons listed in
Schedule 6 to the Act.

6.2. The principle that this Licensing Authority applies is that it will act in accordance
with the provisions of the Act in its exchange of information, which includes the
provision that Data Protection legislation will not be contravened. The Licensing
Authority will also have regard to any Guidance issued by the Gambling
Commission to Local Authorities on this matter, as well as any relevant regulations
issued by the Secretary of State under the powers provided in the Gambling Act
2005. When the law allows, the Licensing Authority will agree secure mechanisms
to share information with other regulators about gambling premises to help target
resources and activities and minimise duplication

7. Enforcement

7.1. Licensing Authorities are required by regulation under the Act to state the principles
to be applied by the Authority in exercising the functions under Part 15 of the Act
with respect to the inspection of premises; and the powers under section 346 of the
Act to institute criminal proceedings in respect of the offences specified.

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7.2. This Licensing Authority’s principles are that it will be guided by the Gambling
Commission Guidance for Local Authorities, the Regulators’ Code and its own Joint
Corporate Enforcement Policy babergh-and-mid-suffolk-district-councils-joint-
corporate-enforcement-policy-2020-b (midsuffolk.gov.uk).

7.3. The Authority shall endeavour to regulate in the public interest and be:

• Proportionate: intervention will only be when necessary. Remedies
should be appropriate to the risk posed and costs identified and
minimised.
• Accountable: the Authority must be able to justify decisions and be
subject
to public scrutiny.
• Consistent: rules and standards must be joined up and implemented
fairly.
• Transparent: enforcement should be open, and regulations kept simple
and user friendly.
• Targeted: enforcement should be focused on the problems and minimise
side effects.

7.4. As per the Gambling Commissions’ Guidance, the Licensing Authority will
endeavour to avoid duplication with other regulatory regimes so far as is possible
and adopt a risk-based inspection programme.

7.5. The main enforcement and compliance role of the Licensing Authority in terms of
the Act, is to ensure compliance with the Premises Licences and other
permissions which it authorises. The Gambling Commission is the enforcement
body for Operator and Personal Licences. Concerns about the manufacture,
supply or repair of gaming machines is dealt with by the Gambling Commission
and not the Licensing Authority.

7.6. The Licensing Authority will keep itself informed of developments as regards the
work of the Better Regulation Executive in its consideration of the regulatory
functions of Local Authorities and will have regard to best practice.

8. Licensing Authority Functions

8.1. Licensing Authorities are required under the Act to:

• the licensing of premises where gambling activities are to take place,
through the issuing of Premises Licences;
• the preliminary approval of proposed premises for gambling activities,
through the issue of Provisional Statements;
• the regulation of members’ clubs, commercial clubs and miners’
welfare institutes who wish to undertake certain gaming activities,
through Club Gaming Permits and/or Club Machine Permits;

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• the receipt of notifications and the issue of permits for the provision of
gaming machines at premises licensed to supply alcohol for
consumption on the premises, under the Licensing Act 2003;
• the regulation of family entertainment centre premises providing
gaming machines;
• the regulation of prize gaming through the issue of permits;
• the receipt and endorsement of Temporary Use Notices, for
infrequent gaming activities;
• the receipt of Occasional Use Notices, for infrequent betting activities;
• the registration of non-commercial societies for the provision of small
society lotteries;
• the exchange of information with the Gambling Commission regarding
details of licences, permits and notices and enforcement issues (see
section above on ‘exchange of information’); and the maintenance of
registers of the applications, licences, permits and notices received
and issued by the Authority
• Maintain registers of the permits and licences that are issued under
these functions
• Prepare and publish, every three years (or sooner if required), a
statement of the principles it proposes to apply when exercising its
functions under the Gambling Act 2005.

The Licensing Authority will not involve itself in any matters relating to the
regulation of remote gambling (for example, telephone betting or internet
casino gaming), the responsibility for which lies with the Gambling
Commission.

8.2. The licensing authority scheme of delegation adopted under the Act is available
online:

• Mid Suffolk – MSDC Constitution-Part 2-i Licensing and Regulatory.pdf
(moderngov.co.uk)
• Babergh – BDC Constitution-Part 2-i Licensing and Regulatory.pdf
(moderngov.co.uk)

9. Appeals

9.1. Appeals relating to premises licensing and other decisions by Licensing
Authorities are covered within the relevant legislation and regulations and are
referred to in Part 12 of the Gambling Commission guidance.

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PART B: PREMISES LICENCES

1. General Principles

1.1. Premises licences are subject to the requirements set out in the Gambling Act 2005
and regulations. The Act provides that licences may be subject to conditions in a
number of ways:

• automatically, having been set out on the face of the Act;
• through regulations made by the Secretary of State;
• by the Gambling Commission, to operating and personal licences;
• by the Licensing Authority, to premises licences and some permits; and
• by the Licensing Authority, by excluding certain default conditions on a
• premises licence.

1.2. When determining an application, this Licensing Authority aims to permit the use
of premises for gambling in so far as it thinks it is:

• in accordance with any relevant code of practice issued by the Gambling
Commission;
• in accordance with any relevant guidance issued by the Gambling
Commission;
• reasonably consistent with the licensing objectives; and
• in accordance with the Authority’s statement of principles.

1.3. Definition of ‘Premises’:

‘Premises’ is defined by the Act as ‘any place’. A particular premise cannot be
granted more than one premises licence under the Gambling Act at any one time.
It is possible for a single building to be subject to more than one premises licence,
provided they are for different parts of the building and the different parts of the
building can be reasonably regarded as being separate premises. Whether
different parts of a building can properly be regarded as being separate premises
will always be a question of fact in the circumstances. However, the Gambling
Commission does not consider that areas of a building that are artificially or
temporarily separated, for example by ropes or moveable partitions, can be
properly regarded as different premises.

1.4. The Licensing Authority takes particular note of the Gambling Commission
Guidance which states that Licensing Authorities should take particular care when
considering applications for more than one premises licence for a single building,
and applications for a premises licence where part of the premises is used for non-
gambling purposes. In particular the Licensing Authority will consider whether:

• entrances and exits from parts of a building covered by one or more
licences are to be separate and identifiable so that the separation of
different premises is not compromised, and that people cannot ‘drift’ into a
gambling area;

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• premises should be configured so that children are not invited to
participate in, have accidental access to, or closely observe gambling
where they are prohibited from participating; and
• customers are able to participate in the principal gambling activity
authorised by the premises licence.

1.5. The Licensing Authority takes particular note of the Gambling Commission
Guidance which states that Licensing Authorities should pay particular attention
to applications where access to the licensed premises is through other
premises – whether licensed or unlicensed. The Licensing Authority will
consider whether:

• entrances and exits from parts of a building covered by one or more
licences are to be separate and identifiable so that the separation of
different premises is not compromised, and that people cannot ‘drift’ into a
gambling area;
• premises should be configured so that children are not invited to
participate in, have accidental access to, or closely observe gambling
where they are prohibited from participating;
• customers are able to participate in the principal gambling activity
authorised by the premises licence;
• children can gain access to the premises;
• the two establishments are compatible;
• the proposed licence holder would be able to comply with the
requirements of the Act, for example mandatory operating licence
conditions; and
• Gambling Commission Guidance in relation to division, separation or
splitting of premises and primary gambling activity (Part 7 of statutory
guidance).

In addition, an overriding consideration for the Licensing Authority is whether,
taken as a whole, the co-location of the licensed premises with other facilities
has the effect of creating an arrangement that otherwise would, or should, be
prohibited under the Act.

1.6. Where an application is made in respect of a premises to be constructed or
altered the Licensing Authority will consider each application on its own merits
having due regard to the advice given by the Gambling Commission in its
Guidance (particularly sections 7.59 to 7.65). The Licensing Authority will
consider whether:

• a future effective date on the licence is appropriate; or
• the licence should be issued subject to a condition that trading shall not
commence until the premises have been completed in all respects and in
accordance with the scale plans provided with the application.

The Licensing Authority may require inspection of the completed works or
written confirmation from the applicant, their agent or surveyor to satisfy the
Authority that the completed works comply with the original, or changed, plan
attached to the premises licence.

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1.7. Location: Demand or need for licensed premises cannot be considered with
regard to the location of premises. In accordance with the Gambling Commission
Guidance, the Licensing Authority will pay particular attention to protection of
children and vulnerable persons from being harmed or exploited by gambling, as
well as issues of crime and disorder. The Licensing Authority will carefully
consider applications for premises licences and whether there is a need for
condition(s) to mitigate risks, in respect of certain kinds of gambling located very
close to a school or a centre for gambling addicts, in light of the third licensing
objective. Each case will be decided on its merits and will depend to a large extent
on the type of gambling that is proposed for the premises. The requirement for
conditions might be determined by the operator’s own risk assessment or the local
area profile carried out by the licensing authority.

1.8. Duplication with other regulatory regimes: The Licensing Authority seeks to
avoid any duplication with other statutory / regulatory systems wherever possible,
including planning, building control, health and safety and fire safety. Should it
come to the attention of the Licensing Authority that planning conditions or other
regulatory restrictions/controls may impact on a premises operator’s ability to
comply with mandatory or default conditions then it may alert the applicant
accordingly. The grant of a gambling premises licence does not prejudice or
prevent any action that may be appropriate under the law relating to planning or
building control.

1.9. Licensing objectives: Premises licences granted must be reasonably consistent
with the licensing objectives. With regard to these objectives, the Licensing
Authority has considered the Gambling Commission Guidance and provides some
commentary below:

(1) Preventing gambling from being a source of crime or disorder, being
associated with crime or disorder or being used to support crime.

The Gambling Commission takes the leading role in preventing gambling from
being a source of crime. Where a particular area is associated with criminal
activity the Licensing Authority will consider carefully whether gambling premises
are suitable to be located there and whether conditions may be appropriate, for
example the provision of door supervisors. There is a distinction between disorder
and nuisance and the Licensing Authority will consider factors such as whether
police assistance was required and how threatening the behaviour was to those
who could see it, so as to make that distinction. Issues of nuisance cannot be
addressed when determining applications under the Gambling Act 2005. The
Licensing Authority shares the view expressed by the Gambling Commission in
their guidance that in the context of gambling premises licences, licensing
authorities should generally consider disorder as activity that is more serious and
disruptive than mere nuisance.

(2) Ensuring that gambling is conducted in a fair and open way.

The Gambling Commission states in its Guidance that it would, with the exception
of tracks, generally not expect Licensing Authorities to be concerned with ensuring

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that gambling is conducted in a fair and open way as this is addressed via
Operator and Personal licensing requirements. If the Licensing Authority suspects
that gambling is not being conducted in a fair and open way, then this will be
brought to the attention of the Gambling Commission for its further consideration.

The Licensing Authority’s role in relation to tracks will be different from other
premises, in that track owners will not necessarily hold an operating licence with
the Gambling Commission. In such circumstances the premises licence may need
to contain conditions to ensure that the environment in which betting takes place is
suitable. The Licensing Authority will have regard to the Gambling Commission’s
Guidance at Part 20 when considering such matters.

(3) Protecting children and other vulnerable persons from being harmed
or exploited by gambling:

The Gambling Commission has stated, with limited exceptions, the intention of the
Gambling Act is that children and young persons should not be permitted to
gamble and should be prevented from entering those gambling premises which
are adult only environments. The objective refers to protecting children from being
‘harmed or exploited’ by gambling. This means preventing them from taking part in
gambling activities except limited authorised activities (see schedule D), and for
there to be restrictions on advertising so that gambling products are not aimed at
children or advertised in such a way that makes them particularly attractive to
children (except category D machines).

The Licensing Authority will therefore consider, as suggested in the Gambling
Commission Guidance, whether specific measures are required at particular
premises, with regard to this licensing objective. Appropriate measures may
include such matters as supervision of entrances/machines or segregation of
areas and the Licensing Authority will also have due regard to any relevant Codes
of Practice issued by the Gambling Commission concerning this licensing
objective in relation to specific premises.

The Gambling Commission does not provide a definition for the term ‘vulnerable
persons’ but states that for regulatory purposes assumes that this group includes
people who:

• gamble more than they want to;
• gamble beyond their means; and
• may not be able to make informed or balanced decisions about gambling
due to, for example mental health, a learning disability or substance misuse
relating to alcohol or drugs.

The Licensing Authority will consider this licensing objective on a case by case
basis.

1.10. Conditions: since the Licensing Authority must aim to permit the use of premises
for gambling, it will not attach conditions which limit the use of the premises for
gambling, except where that is necessary as a result of the requirement to act:

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• in accordance with the Gambling Commission Guidance, the Commission’s
codes of practice or this Licensing Authority’s Statement of Policy; or
• in a way that is reasonably consistent with the licensing objectives.

This Licensing Authority notes that conditions on premises licences should only
relate to gambling, and it is not necessary, proportionate or appropriate to impose
conditions on a premises licence where the Gambling Commission’s Licence
Conditions and Codes of Practice, or other legislation, places the same or similar
duties, responsibilities or restrictions on an employer or the operator of gambling
premises.

This Licensing Authority shares the view of the Gambling Commission that the
mandatory and default conditions set by the Secretary of State will normally be
adequate for the general good conduct of gambling premises. However, where
there are specific, evidenced risks or problems associated with a particular
locality, specific premises, or class of premises in its area then the Licensing
Authority may be able to attach individual conditions to address this.

Any conditions attached by the Licensing Authority to a premises licence shall be:

• carefully considered in view of the matters mentioned above at 1.10;
• proportionate; directly related to the premises and the type of licence
applied for;
• relevant to the need to make the proposed building suitable as a gambling
facility;
• fairly and reasonably related to the scale and type of premises; and
• reasonable in all other respects.

Sections 169 to 172 of the Act set out certain matters that may not be the subject
of Licensing Authority conditions, and these are set out below:

• any condition on the premises licence which makes it impossible to comply
with an operator licence condition;
• conditions relating to gaming machine categories, numbers, or method of
operation;
• conditions which provide that membership of a club or body cannot be
required by attaching a condition to a premises licence (the Gambling Act
2005 specifically removes the membership requirement for casino and
bingo clubs and this provision prevents it being reinstated); and
• conditions in relation to stakes, fees, winning or prizes, except fees for
administration to a track.

The Licensing Authority will have due regard to these matters when considering
the need for conditions.

1.11. The Licensing Authority will also consider specific measures which may be
required for buildings which are the subject of more than one premises licence. In
considering these matters the Licensing Authority shall have due regard to:

• any mandatory or default conditions of licence,

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• any relevant Codes of Practice (particularly social responsibility provisions
linked to operator licences) issued by the Gambling Commission; and
• Gambling Commission Guidance.

Such measures may include the supervision of entrances, segregation of
gambling from non-gambling areas frequented by children and the supervision of
gaming machines in specific non-adult gambling premises in order to promote the
licensing objectives.

1.12. The Licensing Authority must be satisfied that where category C or above
machines are available in premises to which children are admitted:

• all such machines are located in an area of the premises which is
separated from the remainder of the premises by a physical barrier which is
effective to prevent access other than through a designated entrance;
• only adults are admitted to the area where these machines are located;
• access to the area where the machines are located is supervised;
• the area where these machines are located is arranged so that it can be
observed by the staff or the licence holder; and
• at the entrance to and inside any such areas there are prominently
displayed notices indicating that access to the area is prohibited to persons
under 18.

These considerations may apply to premises including buildings where more than
one premises licence is applicable.

1.13. Tracks may be subject to one, or more than one premises licence provided each
licence relates to a specified area of the track. In accordance with the Gambling
Commission Guidance, the Licensing Authority will consider the impact upon the
protection of children licensing objective and the need to ensure that entrances to
each type of premises are distinct and that children are excluded from gambling
areas where they are not permitted to enter.

1.14. In accordance with Gambling Commission Guidance, the Licensing Authority may
consider whether door supervisors are appropriate in particular circumstances in
order to:

• prevent premises from becoming a source of crime or disorder; or
• protect children and vulnerable persons from being harmed or exploited by
gambling.

Should the Licensing Authority consider that door supervisors are necessary and
appropriate in particular circumstances to address specific risks regarding the
licensing objectives for an individual premises, it will normally expect that any
person employed as a door supervisor at that premises will either:

• meet the minimum requirements necessary for that individual to be licensed
by the Security Industry Authority (SIA) in normal circumstances (accepting
that there is a specific exemption from the licensing of door supervisors by
the SIA for in-house staff of casino and bingo premises); or

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 18
• the holder of the operator licence will have recruitment criteria for their door
supervisors, which may specify:
• a minimum training standard (whether within the organisation, or a
nationally accredited training course); and
• an assessment of whether that individual is fit and proper, for example by
means of a subject access search, Disclosure and Barring Service (DBS)
disclosure or other means.

1.15. Operators should ensure their familiarity, and compliance where appropriate, with
the Gambling Commission’s published Licence Conditions and Codes of Practice
(LCCP), which were recently updated in October 2020. These provide sector-
specific advice about steps that a business should take to meet its social
responsibilities and reflect the licensing objectives. In particular this relates to
those business activities which fall under the responsibility of the Licensing
Authority i.e. in the areas of non-remote casino, adult gaming centre, bingo, family
entertainment centre, betting and remote betting intermediary (trading room only)
licences. The exceptions to this are non-remote general betting (limited) and
betting intermediary licences. See also Schedule E of this statement of principles
relating to Local Area Profile and Risk Assessments.

2. Reviews

2.1. An application for review of a premises licence may be made by:

• an interested party;
• a responsible authority; and
• the Licensing Authority, for:
(i) a particular class of premises licence; or
(ii) in relation to a particular premises.

It is for the Licensing Authority to decide whether the review is to be carried-out.

2.2. Any request for a review should normally relate to matters relevant to one or more
of the following:

• any relevant code of practice issued by the Gambling Commission;
• any relevant guidance issued by the Gambling Commission;
• the licensing objectives, and
• the Licensing Authority’s statement of principles.

When considering any review request, or whether to instigate its own review, the
Licensing Authority will have due regard to the guidance issued by the Gambling
Commission and consider;

• each application on its merits;
• whether matters raised in the application are frivolous or vexatious;
• whether the application would certainly not cause it to amend/suspend or
revoke the licence; or

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 19
• whether the request is substantially the same as any previous
representations, requests made for a review or previous application for the
same premises.

Officers of the Authority may attempt informal mediation or dispute resolution
techniques, where practicable, prior to a review being conducted.

2.3. A review application must only be determined by a Sub-Committee, and not by an
officer. The purpose of a review is to determine whether the Licensing Authority
should take any action in relation to the licence. The Licensing Authority must
have regard to the principles set out in section 153 of the Act, as well as any
relevant representations. If action is justified, the options are to:

• add, remove or amend a licence condition imposed by the Licensing
Authority;
• exclude a default condition imposed by the Secretary of State (relating to,
for example, opening hours) or remove or amend such and exclusion;
• suspend the premises licence for a period not exceeding 3 months; or
• revoke the premises licence.

3. Provisional Statements

3.1. An applicant may apply for a full premises licence where the premises are
uncompleted or unaltered. However, an applicant for a provisional statement does
not need the right of occupation or an operator licence (granted or applied for)
which are required in order to apply for a premises licence.

3.2. An application may be made to the Licensing Authority, under section 204 of the
Act, for a provisional statement in respect of premises that the applicant expects
to;
• be constructed;
• be altered;
• acquire a right to occupy.

An application may also be made for a provisional statement for premises already
having a premises licence (either for a different type of gambling or the same
type).

3.3. When considering an application for a provisional statement the Licensing
Authority shall have due regard to the guidance issued by the Gambling
Commission (in particular Part 11). Subject to any necessary modifications, the
process for considering an application for a provisional statement is the same as
that for a premises licence, including the rights of interested parties and
responsible authorities to make representations and rights of appeal.

3.4. If representations about a premises licence application, following the grant of a
provisional statement, are received then they may not be taken into account
unless they concern matters which could not have been addressed when
determining the provisional statement, or they reflect a material change in the

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 20
circumstances of the application. The Licensing Authority must determine the
premises licence, referring only to matters:

• which could not have been raised by way of representations at the
provisional statement stage;
• which in the Licensing Authority’s opinion reflect a change in the
operator’s circumstances; or
• where the premises has not been constructed in accordance with the
plan and information submitted with the provisional statement
application. If there are substantial changes to the plan the Licensing
Authority will discuss any concerns with the applicant before making a
decision.

3.5. In accordance with section 210 of the Act (which applies to premises licences and
provisional statements), the Licensing Authority must not have regard to whether
or not a proposal by the applicant is likely to be permitted in accordance with
planning or building law.

4. Temporary Use Notices

4.1. Temporary Use Notices (TUNS) allow the use of premises for gambling where
there is no premises licence but where a licensed gambling operator wishes to use
the premises for providing facilities for equal chance gaming. The Gambling
Commission Guidance suggests that premises that might be suitable for TUNS
include hotels, conference centres and sporting venues, and that equal chance
gaming may include games such as backgammon, mah-jong, rummy, kalooki,
dominoes, cribbage, bingo and poker (but may not be provided by means of
machine).

4.2. There are a number of statutory limits that apply in respect of Temporary Use
Notices, including that a TUN may only be granted to a person or company
holding a relevant operator licence, in effect a non-remote Casino Operating
licence, and limitations on the number of times a ‘set of premises’ can be used
under these provisions.

4.3. A ‘set of premises’, as referred to by section 218 of the Act, is the subject of a
Temporary Use Notice if any part of the premises is the subject of a notice. This
reference to ‘premises’ is not the same as that in Part 8 of the Act (see Part 7 of
the Gambling Commission Guidance) and prevents one large premises from
serving TUNS for different parts of the premises and exceeding the statutory limit
of 21 days in any 12 month period.

4.4. The Licensing Authority will take into account Gambling Commission Guidance
when considering whether a place falls within the definition of a ‘set of premises’.
This consideration may include looking at the ownership, occupation and control of
the premises. The Gambling Commission Guidance advises that being a new type
of permission, Licensing Authorities should be ready to object to notices where it
appears that their effect would be to permit regular gambling in a place that could
be described as one set of premises.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 21
4.5. Where a notice of objection is received in respect of a Temporary Use Notice, the
Licensing Authority will hold a hearing and consider representations from:

• the person who gave the notice
• any person who objected to the notice; and
• any party who was entitled to receive a copy of the Temporary Use
Notice.

Where all parties agree that a hearing is unnecessary, the hearing may be
dispensed with.

4.6. Where objections are made, a modification to the Temporary Use Notice may be
proposed, which could include a:

• reduction in the number of days when gambling occurs; and/or
• restriction on the type of gambling which may take place.

4.7. Where, following a hearing or after a hearing has been dispensed with, the
Licensing Authority considers that the Temporary Use Notice should not have
effect, it must issue a counter-notice which may:

• prevent the temporary use notice from taking effect;
• limit the activities that are permitted;
• limit the time period of the gambling;
• allow the activity to take place subject to a specified condition.

4.8. The principles which the Licensing Authority will apply in determining a TUN are
those which it will apply when determining a premises licence, subject to its view
as to whether it accords with:

• a Gambling Commission code of practice;
• the Guidance issued by the Gambling Commission;
• the Licensing Authority’s statement of principles; and
• is reasonably consistent with the licensing objectives.

5. Occasional Use Notices

5.1. Occasional Use Notices (OUNS) permit licensed betting operators (with
appropriate permission from the Gambling Commission) to use tracks for short
periods for conducting betting, where the event upon which the betting is taking
place is of a temporary, infrequent nature. The OUN dispenses with the need for a
Betting Premises Licence for the track in these circumstances.

5.2. The OUN must be served by a person who is responsible for the administration of
events on the track or by an occupier of the track.

5.3. The Licensing Authority must ensure that the statutory limit of 8 days in a calendar
year is not exceeded. The Licensing Authority will consider the definition of a
‘track’, which need not be a permanent fixture, and whether the applicant is
eligible to serve the notice.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 22

6. Casinos

6.1. There are no casinos operating with Mid Suffolk or Babergh District Council.

6.2. Casinos are only permitted in certain areas within Great Britain. New casinos
under the Gambling Act 2005 are restricted to 16 specific local licensing authority
areas. Mid Suffolk and Babergh are not one of those areas.

6.3. This Licensing Authority has not passed a ‘no casino’ resolution under Section 166
of the Gambling Act 2005 but retains the power to do so. Any change will be
published in this Statement of Principles and on the Council’s website during any
intervening period.

6.4. Where a Licensing Authority has the power to determine a premises licence
application for a new style casino, it will do so following any regulations under
Section 175 of the Gambling Act 2005 published by the Secretary of State.

6.5. The Act lays down a framework for a two-stage process for considering
applications in circumstances where the number of applications exceeds the
number of licences available, and this will be followed by the Licensing Authority.

6.6. Licence considerations/conditions: The Licensing Authority shall have due
regard to Gambling Commission guidance in relation to the suitability and layout of
casino premises, and also the guidance issued by the Commission on primary
gambling activity at casino premises.

Conditions may be attached to casino operator licences by the Gambling
Commission to restrict the types of casino games that may be made available, or
specifying rules for casino or equal chance games played in a casino. The
Licensing Authority will make itself aware of any operating, mandatory and default
conditions, codes of practice and Gambling Commission guidance when
considering applications, and attachment of any conditions, for casino premises
licences.

6.7. Betting machines: Where betting is permitted in a casino the Licensing Authority
will normally, in accordance with Gambling Commission Guidance, take into
account the size of the premises, the number of counter positions available for
person-to-person transactions, and the ability of staff to monitor the use of the
machines by children and young persons (it is an offence for those under 18 to
bet) or by vulnerable people, when considering the number/nature/circumstances
of betting machines (self-service betting terminals) an operator wants to make
available.

7. Bingo

7.1. It is important that if children are allowed to enter premises licensed for bingo that
they do not participate in gambling, other than on category D machines. Where
category B or C or machines are made available for use on premises to which
children are admitted Licensing Authorities should ensure that:

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 23
• all such machines are located in an area of the premises separate from
the remainder of the premises by a physical barrier which is effective to
prevent access other than through a designated entrance; and
• only adults are admitted to the area where the machines are located.

7.2. The Licensing Authority shall have due regard to relevant licence conditions and
codes of practice in relation to the operation of bingo premises, and also the
Gambling Commission’s guidance about the particular issues that Licensing
Authorities should take into account in relation to the suitability and layout of bingo
premises. This includes guidance on primary gambling activity, split premises and
operating licence conditions.

8. Betting premises

8.1. Betting machines: The Licensing Authority will normally, in accordance with
Gambling Commission Guidance, take into account the size of the premises, the
number of counter positions available for person-to-person transactions, and the
ability of staff to monitor the use of the machines by children and young persons (it
is an offence for those under 18 to bet) or by vulnerable people, when considering
the number/nature/circumstances of betting machines (self-service betting
terminals) an operator wants to make available. Children and young persons will
not be able to enter premises which hold a Betting Premises licence, unless the
special rules applying to tracks are applicable.

8.2. The Licensing Authority shall have due regard to the Gambling Commission
Guidance in relation to the suitability and layout of betting premises. This includes
guidance on primary gambling activity, split premises and operating licence
conditions.

8.3. Betting machines (self-service betting terminals) are not gaming machines under
the Act, and do not accrue against the premises entitlement for gaming machines,
unless the machine is designed or adapted for use to bet on virtual races (that is,
images generated by computer to resemble races or other events) in which case it
is considered a gaming machine. Where betting facilities are provided only by
betting machines the number of betting machines must exceed the number of
gaming machines made available for use.

9. Tracks

9.1. Tracks are defined under section 353 of the Act as a ‘horse racecourse,
greyhound track or other premises on any part of which a race or other sporting
event takes place or is intended to take place’.

9.2. The Act does not give a list of premises that are officially recognised as ‘tracks’,
but there are a number of venues that could be classed as tracks, examples of
tracks may include:

• horse racecourse
• greyhound track
• point-to-point horserace meeting

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 24
• football, cricket or rugby ground
• athletics stadium
• golf course
• venues hosting darts, bowls or snooker tournaments
• premises staging boxing matches
• sections of river hosting a fishing competition
• motor racing events

This list is not exhaustive but gives an example of the types of venue which could
accommodate the provision of betting facilities.

9.3. The different types of approval for the provision of betting facilities may be made
available at a sporting event are:

• an Occasional Use Notice (OUN); and
• a Track Premises Licence.

Betting in relation to tracks may be provided either as on-course or off-course
betting. The different types of betting are explained in detail in the Guidance
issued by the Gambling Commission, and this is available via the Gambling
Commission website at www.gamblingcommission.gov.uk

9.4. A Betting Premises Licence permits a premises to be used for the provision of
facilities for betting, whether by:

• making or accepting bets;
• acting as a betting intermediary; or
• providing other facilities for the making or accepting of bets.

9.5. Tracks are the only class of premises that may be subject to more than one
premises licence, provided that each licence relates to a specific area of the track.
This allows track venues to develop leisure facilities such as a casino and apply
for a (casino) premises licence for that part of the track.

9.6. There is no special class of Betting Premises Licence for a track, but the Act does
contain rules which apply specifically to premises licences granted in respect of
tracks.

9.7. Special rules apply to applicants for a premises licence in relation to a track. Most
importantly the applicant need not hold an operator licence. That is because,
unless the occupier of the track wishes to offer pool betting (or general betting)
facilities themselves (for which they will need a licence), the betting that is
provided upon the track will not be provided by them but will be provided by other
operators who come on-course. Since those people will require the necessary
operator licence(s), the Act allows the track operator to obtain a premises licence
without also having to hold an operator licence. This ‘Track Premises Licence’
then authorises anyone upon the premises with a valid operator licence to offer
betting facilities.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 25
9.8. Track premises licences are distinguished from all other premises licences
because children and young persons are allowed to be present on the track while
betting is taking place on those licensed premises.

9.9. Track premises that safeguard the achievement of the three licensing objectives
may generally be considered fit for gambling, and some general principles
whereby Licensing Authorities can establish whether a track is fit for the provision
of gambling facilities are outlined as follows:

Licensing
objective
Issues to consider Reason to consider a
track premises unfit for
gambling purposes?
The protection of
children and other
vulnerable
persons from
being harmed or
exploited by
gambling

Tracks permit access to
children.
No – Children are
allowed access to tracks
on race days.
Self-service betting terminals in
areas where there is no
supervision which would
allow children or young
persons to use machines
undetected.
No – It is a mandatory
condition of the
operating licence that
operators ensure that
self-service betting
terminals are
supervised. This is not
an issue for the premises
licence.
Children are allowed
access to areas siting
category B and C
gaming machines.
It is a mandatory
condition of the
operating licence that
operators ensure that
children are not allowed
access to areas where
category B and C
gaming machines are
provided.

However, section 182 of
the Act also creates a
premises licence
condition that children
and young persons must
be excluded from areas
where any gaming
machines other than
category D are located.
Betting areas adjacent to
areas where
children or young persons
are present such as play
areas.

No – Children are
allowed access to tracks
on race days and so will
be exposed to gambling
areas. It is a mandatory
condition of the
operating licence that

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 26

operators do not accept
bets from children or
young persons.
Betting areas adjacent to
areas where
children or young persons
are present such as play
areas.
The Commission
considers that the
location of betting does
not generally pose a risk
to this licensing
objective. Licensing
authorities may impose
their own local conditions
where they perceive
problems.
Ensure gambling
is conducted in a
fair and open way
The rules of betting are
not displayed on the
premises.
No (not an issue at
application stage) – it is a
mandatory condition of
the premises licence that
the rules of betting are
displayed.
Unlicensed betting
operators are allowed to
operate on tracks.
No (not an issue at
application stage) – it is a
mandatory condition of
the premises licence that
licence holders make
arrangements to ensure
that they only allow
licensed operators on
track.
Betting takes place out
of approved hours.
No (not an issue at
application stage) – it is a
mandatory condition of
the premises licence that
betting only takes place
within the specified
hours

Prevent gambling
from being a
source of crime
and disorder
Betting is allowed in all
parts of a track resulting
in greater difficulties for
track premises licence
holders to identify
instances of illegal
betting.
No – the Commission’s
view is that this does not
generally pose a risk to
this objective. Licensing
authorities may impose
their own conditions
should they perceive a
problem.
No formal exit/entry
points allowing easy
access for unapproved
operators and
customers.
No – the Commission’s
view is that this does not
generally pose a risk to
this objective. Licensing
authorities may impose

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 27
their own conditions
should they perceive a
problem.

The Licensing Authority will take any such guidance into consideration when
determining an application for a track premises licence.

Access to premises and other parts of the track:

9.10. Access between premises licensed for gambling and non-gambling areas is an
important local licensing consideration, for reasons that include the following:

• to prevent operators from seeking to circumvent the Act by artificially
subdividing a premises and securing separate premises licences for its
composite parts;
• to ensure that operators do not circumvent regulations governing the
maximum number of gaming machines applicable to specific premises;
• to ensure that people who have entered a premises for one type of
gambling are not exposed to another, potentially harder, form of gambling;
• to ensure that there is no direct access between gambling premises to
which children have access and those which they are prohibited from
entering;
• to ensure that all gambling premises have publicly accessible entrances;
• to ensure that gambling premises are not developed in the backrooms of
other commercial premises.

Access by children – special dispensation for tracks:

9.11. The Act forbids all persons under 18 years old to enter premises when betting
facilities are being provided, other than at tracks. This dispensation allows families
to attend premises such as greyhound tracks or racecourses on event days, and
children to be permitted into areas where betting facilities are provided, such as
the betting ring, where betting takes place. This dispensation does not, however,
apply to:

• areas within a track where category C or above machines are provided; or
• other premises to which under 18 year olds are specifically not permitted
access.

Licensed betting operators at tracks are bound by their operating licence conditions
which prevent them from accepting bets from persons who are under 18 years old.
The track premises licence holder is also required through premises licence
conditions to display a notice in a prominent place at every public entrance stating
that no person under the age of 18 is permitted to bet on the premises.

There may be some specific considerations with regard to the protection of children
and vulnerable persons from being harmed or exploited by gambling, the need to
ensure entrances to each type of premises are distinct and that children are
excluded from gambling or betting areas where they are not permitted to enter.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 28
9.12. Children and young persons will by law be permitted to enter track areas where
facilities for betting are provided on days when dog racing and/or horse racing takes
place, although they are still prevented from entering areas where gaming
machines (other than category D machines) are provided. The Licensing Authority
will normally expect premises licence applicants to demonstrate suitable measures
to ensure the children do not have access to adult only gambling facilities.

Appropriate measures may include:

• Proof of Age schemes
• CCTV
• Door Supervisors – Registered by the Security Industry Authority
• Supervision of entrances/machine areas
• Physical separation of areas
• Location of entry
• Notices/signage
• Specific opening hours
• The location of gaming machines
• Self-barring schemes
• Provision of information leaflets/helpline numbers for organisations such as
GamCare or Be Gamble Aware.

This list is not mandatory, nor exhaustive, and is merely indicative of example
measures.

Betting on event and non-event days:

9.13. Hours of betting on event days: Premises licence holders will be expected to
comply with the mandatory and default conditions applicable to them on both event
and non-event days. The Licensing Authority will not generally expect to re-assess
a licence application as a result of a change to the dates of sporting events but
would expect applicants and licence holders to make information about sporting
fixtures available as part of the application.

Significant changes to the fixture/events listing have a bearing on the licence
conditions in that track premises licence holders will be expected to comply with the
mandatory and default conditions applicable to them on both event and non-event
days.

9.14. Hours of betting on non-event days: On days when no public sporting event is
taking place on a track, gambling facilities may only be provided on the track
between the hours of 7am and 10pm. Where the premises user intends to continue
to offer facilities for gambling outside the proposed gambling hours on non-event
days these facilities should be provided by means of an Occasional Use Notice
(OUN).

9.15. On non-event days, tracks become similar to licensed betting offices on the high
street. Tracks may achieve this requirement by:

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 29
• locating all betting areas inside an area of the premises that is separated
from the remainder of the premises by a physical barrier, thereby preventing
access other than through a designated entrance;
• only admitting adults to the part of the track where betting areas are located,
by establishing procedures for verifying customer ages and refusing entry to
adult-only areas for those unable to produce an acceptable form of
identification (and taking action where there are unlawful attempts to enter
adult-only areas);
• placing prominent notices in front of and inside each entrance stating that
access to the area is prohibited to persons under 18.

9.16. The Licensing Authority may consider reducing the default gambling hours,
providing any reduction is consistent with the principles set out in section 153 of the
Act.

Self-Service Betting Terminals

9.17. Licensed operators may install self-service betting terminals on tracks. There is no
restriction on the number of self-service betting terminals that may be in use, but
operators must, by virtue of their operating licence conditions, supervise such
terminals to prevent them being used by those under 18 years of age.

There is no formal requirement on track premises licence holders to involve
themselves in the procedures used by betting operators to supervise their self-
service betting terminals unless specific local conditions specifying supervisory
arrangements are added to the track premises licence by the Licensing Authority
terminals.

Gaming machines

9.18. A track premises licence does not of itself entitle the holder to provide gaming
machines, as this type of premises licence can be held without any corresponding
operating licence.

Where a track owner holds both a track premises licence and a pool betting
operating licence issued by the Gambling Commission (in effect, greyhound tracks
only), they may site up to four gaming machines within categories B2 to D on the
track.

Some tracks may also hold a premises licence under the Licensing Act 2003. As
such they will be automatically entitled under section 282 of the Act to two gaming
machines of category C or D.

In such scenarios the operating licence entitlement does not take precedence, and
each licence has its own requirements that must be complied with.

9.19. Applications for permits to allow additional gaming machines are not permitted
where the premises is already covered by a track premises licence. It is a condition
of section 282 of the Act that alcohol-licensed premises licence holders (not

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 30
necessarily the owners) must comply with any relevant provision of a code of
practice under section 24 about the location and operation of a gaming machine.
The gaming machine permits code of practice can be found on the Gambling
Commission website.

9.20. Where track premises licence holders possess a pool betting operating licence, the
Commission places a mandatory licence condition on such operators that they
must:

• have and put into effect documented policies and procedures to prevent
underage gambling; and
• monitor the effectiveness of these.

Track administration:

9.21. Administration of betting: Administrative and quasi-regulatory arrangements in
place to ensure that activities held on tracks run smoothly for paying customers, track
operators and betting operators, are considered to be outside the remit of the Act
unless they affect the licensing objectives.

9.22. The role of track premises licence holders: The responsibilities of track premises
licence holders are established by the mandatory and default licence conditions
attaching to their premises licence.

The licensed betting operators authorised by track owners to provide betting facilities
at tracks must comply with their operating licence conditions and codes of practice
issued by the Commission.

Track premises licence holders have a responsibility to report regulatory breaches or
potential breaches relating to the premises itself or to betting operators.

9.23. Acceptance of bets: Track premises licences for greyhound tracks and racecourses
are subject to mandatory licence conditions requiring access to be offered at the
trackside to betting operators generally. This prevents track premises licence holders
who are also pool betting operators from becoming a monopoly supplier of betting on
tracks.

While this does not mean that there must be independent betting operators on tracks
on event days, track premises licence holders cannot hold event days without at
least making places available to licensed operators. This matter is the responsibility
of the Gambling Commission and not the Licensing Authority.

Pool betting:

9.24. Under the Act, holders of track premises licences on licensed greyhound tracks are
given exclusivity to offer pool betting facilities on greyhound racing. They may also
authorise other people to conduct such pool betting on their behalf, although in all
cases a relevant operating licence will be required to license this activity.

A totalisator on a licensed greyhound track will only be permitted while the public are
admitted to the track for the purpose of attending greyhound races, and no other

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 31
sporting events are taking place. A mandatory condition is attached to the premises
licence to this effect.

Admission of betting operators:

9.25. It is a mandatory premises licence condition of track premises licences that the
licence holder makes arrangements to ensure that the betting operators they admit to
their track operate under valid operating licences.

Track premises licence holders are responsible for determining their own
arrangements for the verification of betting operators. As part of this process, the
track premises licence holder should make arrangements for ensuring that the
betting operator holds an operating licence. Additionally, both parties should agree a
procedure for assessing whether persons accepting bets on behalf of a betting
operator either themselves hold operating licences in their own right or are employed
by the operator under a written contract of employment.

Removal of illegal betting operators:

9.26. Track premises licence holders are required by a mandatory licence condition to take
reasonable steps to remove from the racecourse anybody found to be providing
facilities for gambling without authorisation. Failure to uphold this requirement could
result in action being taken against the premises licence holder.

Track premises licence holders should have policies and procedures for identifying
illegal gambling in addition to the mandatory requirement to verify that betting
operators offering betting facilities on their track hold suitable operating licences.

Display of rules:

9.27. It is a mandatory condition of premises licences that clear and accessible information
about the terms on which a bet may be placed must be displayed at betting
premises, including tracks.

The track premises licence holder should make the necessary arrangements to
ensure that betting rules are accessible to all customers, regardless of which area of
the track they are in. If certain areas are restricted to certain customers (such as
different stands within a football ground) then rules could be displayed at various
parts of the track. Other measures could be taken to ensure that they are made
available to the public, such as printing them in the racecard or programme. The
requirement could also be met by making a copy of the rules available in leaflet form
from the main track office, and customers could be given a copy if they request one.

Betting operators offering betting facilities on racecourses and at greyhound tracks
are required through the conditions of their operating licence to clearly display any of
their own rules that differ from those that the track premises licence holder elects to
display, and their rules concerning voids, late bets, and maximum payouts. For
racecourses and greyhound tracks, the maximum payout will vary according to the
rules of individual on-course operators.

Approved betting areas:

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 32

9.28. Betting areas: In considering applications, the Licensing Authority will take into
account the licensing objectives and assess whether these objectives are
compromised by proposed betting arrangements. The location of betting areas (other
than those for gaming machines and self-service betting terminals) is not considered
a threat to the licensing objectives and therefore no additional conditions would
normally be imposed by licensing authorities, unless the circumstances are such that
the Licensing Authority considers that the licensing objectives would be undermined.

9.29. Multiple licences: The Act permits a Licensing Authority to issue more than one
premises licence for a track provided that each licence relates to a distinct specified
area of the track (although there cannot be more than one premises licence covering
the same area of the track.) This enables track owners to extend existing facilities to
provide other gambling facilities such as a casino on their existing tracks, whereby
these additional gambling activities are covered by separate premises licences.

9.30. Where an application is made for an additional premises licence, the Licensing
Authority will consider the following matters when determining an application:

• access issues in particular whether access to the desired premises will be
allowed directly from the track. Direct access between a track and other
betting premises (other than a track betting shop) is not permitted. The track
owner would need to make arrangements so that access to a casino or bingo
hall would be via a street, not via the track itself.

9.31. Where a particular area of a track is already subject to a premises licence, and a
person wishes to apply for a licence to offer another type of activity in that area, an
application must be made to the Licensing Authority to vary the original premises
licence. The new track premises licence can only be granted at the same time as, or
after, the original licence has been varied.

Where the Licensing Authority receives an application indicating separate betting
areas that may not necessarily have clear physical boundaries, such as walls or
fencing, it may grant the licence where it is satisfied that the area is clearly
delineated, both in terms of making it clear to the public that they are entering a
‘betting office’, and to keep out persons aged under 18.

Where the Licensing Authority is not satisfied that a new activity in an existing area is
clearly delineated, it may consider refusing the application.

Social responsibility considerations for tracks:

9.32. The Act places a condition on the track premises licence that the licensee shall
ensure that children and young persons are excluded from any area where facilities
for betting are provided (unless on race days at racetracks and at greyhound tracks).

10. Adult Gaming Centres

10.1. The Licensing Authority will specifically have regard to the need to protect children
and vulnerable persons from harm or being exploited by gambling and will require
applicants to demonstrate that there will be sufficient measures to ensure that under

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 33
18 year olds do not have access to the premises. Appropriate measures may also be
included within mandatory/default conditions and codes of practice and cover matters
such as:

o Proof of age schemes
o CCTV
o Supervision of entrances / machine areas
o Physical separation of areas
o Access and Location of entry
o Notices / signage
o Self-barring schemes
o ATM location
o Prohibition of alcohol consumption
o Provision of information leaflets/helpline numbers for organisations
such as GamCare or Be Gamble Aware.

This list is not mandatory, nor exhaustive, and is merely indicative of example
measures.

The Licensing Authority may determine the opening hours for Adult Gaming Centres,
on a case-by-case basis, in the absence of any default conditions addressing this
matter.

11. (Licensed) Family Entertainment Centres

11.1. The Licensing Authority will specifically have regard to the need to protect children
and vulnerable persons from harm or being exploited by gambling and will require
applicants to demonstrate that there will be sufficient measures to ensure that
under 18 year olds do not have access to the adult only Category C gaming
machine areas.

The Licensing Authority will require applicants to demonstrate that there will be
sufficient measures to promote the licensing objectives. Appropriate measures may
also be included within mandatory/default conditions and codes of practice and
cover matters such as:

• CCTV
• Supervision of entrances / machine areas
• Physical separation of areas
• Access and Location of entry
• Notices / signage
• Challenging children or young persons attempting to play category C
machines
• Self-barring schemes
• ATM location
• Prohibition of alcohol consumption
• Provision of information leaflets/helpline numbers for organisations such as
GamCare or Be Gamble Aware
• Measures / training for staff on how to deal with suspected truant school
children on the premises

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 34

This list is not mandatory, nor exhaustive, and is merely indicative of example
measures.

11.2. The Licensing Authority will, in accordance with the Gambling Commission Guidance,
make itself aware of any conditions that may apply to Operator licences covering the
way in which the area containing the category C machines should be delineated. The
Licensing Authority will ensure that it has due regard to any mandatory or default
conditions on these Premises Licences and Codes of Practice and guidance issued by
the Gambling Commission when dispensing its functions in relation to licensed Family
Entertainment Centres.

The Licensing Authority may determine the opening hours for licensed FEC’s, on a
case-by-case basis, in the absence of any default conditions addressing this matter.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 35
PART C: PERMITS AND SMALL SOCIETY LOTTERIES

1. Unlicensed Family Entertainment Centre (unlicensed FEC’s) gaming machine
permits

1.1. Unlicensed Family Entertainment Centres (FEC’s) are commonly located at seaside
resorts, in airports and at motorway service stations, catering for families – including
unaccompanied children and young persons. Where a premises does not hold a
Premises Licence but there is an intention to provide gaming machines (category D
only), an application may be made to the Licensing Authority for the grant of this
permit. The applicant must be an individual aged 18 or over and must occupy or
plan to occupy the relevant premises. The Licensing Authority may only grant a
permit where it is satisfied that the applicant intends to use the premises as an
unlicensed FEC and where it has consulted the Chief Officer of Police on the
application. Any duties on the applicant to comply with other legislation such as fire
regulations or Health and Safety are not issues for the Licensing Authority under
the Gambling Act 2005.

1.2. If the operator of a Family Entertainment Centre intends to make category C
machines available, in addition to category D machines, then an application must
be made for an Operator Licence from the Gambling Commission and a Premises
Licence from the Licensing Authority (see Part B Section 11 on (Licensed) Family
Entertainment Centres).

1.3. Detail of any up-to-date application requirements, including any supporting
documentation required, is available via the Council website or from the Licensing
Team direct.

1.4. It should be noted that a Licensing Authority cannot attach conditions to this type of
permit.

1.5. Statement of Principles:

The Licensing Authority will expect the applicant to satisfy it that that they and their
employees can demonstrate a full understanding of the maximum stakes and prizes
of the gambling that is permissible in unlicensed FEC’s. The applicant is expected
to demonstrate that he has considered appropriate measures to promote the
licensing objectives, and training for staff on issues such as:

• suspected truant school children on the premises;
• how staff would deal with unsupervised very young children being on the
premises;
• children causing problems on or around the premises; and
• maximum stakes and prizes of the gambling that is permissible in
unlicensed FEC’s

This list is not mandatory, nor exhaustive, and is merely indicative of example
measures.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 36

1.6. The Chief Officer of Police is a statutory consultee for all such permit applications,
and any representations made by them will be considered by the Licensing Authority.

1.7. The Licensing Authority may also require the applicant to provide details of any
relevant convictions, (those that are set out in Schedule 7 of the Act), and the
following documents would be acceptable for such purposes:

• disclosure and barring service – basic disclosure; or
• a police subject access search.

2. Club Gaming Permits

2.1. Members Clubs (but not commercial Clubs) may apply for a Club Gaming Permit
which authorises the premises to:

• make available for use up to 3 gaming machines of categories B3A to D
(only one B3A can be made available as part of this entitlement);
• equal chance gaming (without restriction on the stakes and prizes); and
• games of chance as prescribed by regulations (namely pontoon and
chemin de fer).

The gaming which a club gaming permit allows is subject to the following
conditions:

In respect of equal chance gaming:

(a) The club must not deduct money from sums staked or won;
(b) The participation fee must not exceed the amount prescribed in
regulations;
(c) The game takes place on the premises and must not be linked with a
game on another set of premises. Two games are linked if:

(i) the result of one game is, or may be, wholly or partly determined
by reference to the result of the other game; or
(ii) the amount of winnings available in one game is wholly or partly
determined by reference to the amount of participation in the other
game, and a game which is split so that part is played on one site
and another part is played elsewhere is treated as two linked
games
(iii) Only club members and their genuine guests participate.

In respect of other games of chance:

(a) The game must be pontoon or chemin de fer only;
(b) No participation fee may be charged otherwise than in accordance with
the regulations;
(c) no amount may be deducted from sums staked or won otherwise than
in accordance with the regulations.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 37
2.2. Members clubs must have at least 25 members and be established and conducted
‘wholly or mainly’ for purposes other than gaming, unless the gaming is permitted
by separate regulations. The Secretary of State has made such regulations
covering bridge and whist clubs. A members’ club must be permanent in nature and
established and conducted for the benefit of its members and not as a commercial
enterprise. Examples include working men’s clubs, branches of Royal British Legion
and clubs with political affiliations. A club gaming permit may not be granted in
respect of a vehicle or a vessel.

2.3. The Licensing Authority may only refuse an application on the grounds that:

(a) the applicant does not fulfil the requirements for a members’ club and
therefore is not entitled to receive the type of permit for which it has
applied;
(b) the applicant’s premises are used wholly or mainly by children and/or
young persons;
(c) an offence under the Act or a breach of a permit has been committed
by the applicant while providing gaming facilities;
(d) a permit held by the applicant has been cancelled in the previous ten
years; or
(e) an objection has been lodged by the Gambling Commission or the
Suffolk Constabulary.

Where the Licensing Authority is satisfied that (a) or (b) is the case, it must refuse
the application. In determining an application, the Licensing Authority shall have
regard to the relevant guidance issued by the Gambling Commission and, subject
to that guidance, the licensing objectives.

2.4. Where a permit is granted, the permit holder must comply with statutory conditions:

• no child or young person may use a category B or C machine on the
premises; and
• the permit holder must comply with any relevant provision of a code of
practice regarding the location and operation of gaming machines.

Clubs do not have to have a permanent premises or alcohol licence.

2.5. There is a ‘fast-track’ procedure available for premises where the club holds a Club
Premises Certificate under section 72 of the Licensing Act 2003. Where an
application is made under the fast-track procedure, there is no opportunity for
objections to be made by the Commission or the Suffolk Constabulary, and the
grounds upon which an Authority can refuse a permit are limited as below:

• the club is established primarily for gaming, other than gaming of a
prescribed kind;
• in addition to the prescribed gaming, the applicant provides facilities for
other gaming; or
• a club gaming permit or club machine permit issued to the applicant in the
last ten years has been cancelled.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 38
3. Club Machine Permits

3.1. Members clubs and commercial clubs may apply for a Club Machine Permit, which
enables the premises to make available for use up to 3 gaming machines of
categories B3A to D (only one B3A can be made available as part of this
entitlement (Members clubs only (i.e. not commercial clubs)).

3.2. Members clubs must have at least 25 members and be established and conducted
‘wholly or mainly’ for purposes other than gaming, unless the gaming is permitted
by separate regulations. The Secretary of State has made such regulations
covering bridge and whist clubs. A members’ club must be permanent in nature and
established and conducted for the benefit of its members and not as a commercial
enterprise. Examples include working men’s clubs, branches of Royal British Legion
and clubs with political affiliations.

Commercial clubs must have at least 25 members but may be established with a
view to making a profit, which is not returned to the members, but the proprietor(s)
of the club. Examples of commercial clubs may include snooker clubs, clubs
established for personal profit and most clubs established as private companies.

3.3. The Gambling Commission Guidance advises that Licensing Authorities may only
refuse an application on the grounds that:

• the applicant does not fulfil the requirements for a members’ or
commercial club and therefore is not entitled to receive the type of permit
for which it has applied;
• the applicant’s premises are used wholly or mainly by children and/or
young persons;
• an offence under the Act or a breach of a 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; or
• an objection has been lodged by the Gambling Commission or the Police

It should be noted that either type of permit may not be issued in respect of a vessel
or vehicle.

3.4. There is also a ‘fast-track’ procedure available for premises where the club holds a
Club Premises Certificate under section 72 of the Licensing Act 2003. Under the
fast-track procedure there is no opportunity for an objection to be made by the
Commission or the Police, and the grounds upon which an Authority can refuse a
permit are reduced. The grounds on which an application under the process may be
refused are that:

(a) the club is established primarily for gaming, other than gaming of a
prescribed kind;
(b) in addition to the prescribed gaming, the applicant provides facilities for
other gaming; or
(c) a club machine permit issued to the applicant in the last ten years has
been cancelled.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 39

3.5. There are statutory conditions concerning Club Machine Permits that no child or
young person may use a category B or C machine on the premises and that the
permit holder complies with any relevant provision of a code of practice regarding
the location and operation of gaming machines.

4. (Alcohol) Licensed Premises Gaming Machine Permits

4.1. The Act makes provision for premises licensed to sell alcohol for general
consumption on the premises to be entitled to make available up to 2 gaming
machines of categories C and/or D. The Licensing Act 2003 premises licence holder
needs only to notify the Licensing Authority of this intention and pay the prescribed
fee. The Licensing Authority may remove the automatic authorisation in respect of
any particular premises only if it is satisfied that:

• provision of the machines is not reasonably consistent with the pursuit of
the licensing objectives;
• gaming has taken place on the premises that breaches a condition of
section 282 of the Gambling Act, for example the gaming machines have
been made available in a way that does not comply with requirements on
the location and operation of gaming machines;
• the premises are mainly used for gaming; or
• an offence under the Gambling Act has been committed on the premises.

Before making any such order the Licensing Authority shall give the licensee at least
21 days prior notice and consider any representations made by the applicant (at a
hearing if requested by the licence holder).

4.2. If a Licensing Act 2003 premises licence holder wishes to use more than 2 gaming
machines, then (s)he will need to apply to the Licensing Authority for a permit and
the Licensing Authority must consider that application based upon:

• the licensing objectives;
• any guidance issued by the Gambling Commission; and
• ‘such matters’ as it thinks relevant.

This Licensing Authority considers that ‘such matters’ will be assessed on a case by
case basis. Generally, there will be regard to the need to protect children and
vulnerable persons from harm or being exploited by gambling.

This permit replaces, and is not in addition, to the automatic entitlement notification.

4.3. The Licensing Authority expects the applicant to satisfy it that there will be sufficient
measures in place to ensure that persons under the age of 18 do not have access to
the adult only category C gaming machines. The applicant may consider appropriate
measures to comply with Gambling Commission Codes of Practice and monitor
access to machines. This may include:

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 40
• ensuring that the adult gaming machines are within sight of the bar, or
within the sight of staff who can monitor that the machines are not being
used by persons under the age of 18;
• notices and signage may also be an appropriate measure/safeguard;
• the provision of information leaflets / helpline numbers for organisations
that give support to vulnerable persons such as GamCare and Be Gamble
Aware.

4.4. The holder of a permit must comply with any relevant code of practice issued under
section 24 of the Act by the Gambling Commission concerning the location and
operation of the gaming machines.

4.5. It should be noted that the Licensing Authority can and may decide to grant the
application with a smaller number of machines and/or a different category of
machines than that applied for. Conditions (other than these) cannot be attached to
the grant of this permit.

4.6. There is a similar mechanism for applying to vary the number and category of
machines specified on an existing permit.

5. Prize Gaming Permits

5.1. Statement of principles:

The prize gaming conditions in the Act are:

• the limits on participation fees, as set out in regulations, must be complied
with;
• all chances to participate in the gaming must be allocated on the premises
on which the gaming is taking place and on one day; the game must be
played and completed on the day the chances are allocated; and the
result of the game must be made public in the premises on the day that it
is played;
• the prize for which the game is played must not exceed the amount set out
in regulations (if a monetary prize), or the prescribed value (if non-
monetary prize); and
• participation in the gaming must not entitle the player to take part in any
other gambling.

It should be also noted that this permit cannot be issued in respect of a vessel or
vehicle.

An application may only be made by an individual over the age of 18, who occupies
or plans to occupy the relevant premises. An application for a permit cannot be
made if a premises licence or club gaming permit is already in effect for the same
premises.

5.2. The Licensing Authority will expect the applicant to satisfy the Authority that they and
their employees can demonstrate a full understanding of the maximum stakes and
prizes for the gaming offered and that the type of gaming offered is within the law.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 41
The applicant will normally be required to set out the types of gaming that they are
intending to offer, and may wish to consider appropriate measures to promote the
licensing objectives, and training for staff on:

• the type of gaming which they intend to provide; and
• the stakes and prizes which apply under the regulations relevant to
the type of gaming they intend to offer.

This list is not mandatory, nor exhaustive, and is merely indicative of example
measures.

5.3. In making its decision on an application for this permit the Licensing Authority may
have regard to the licensing objectives and must have regard to any Gambling
Commission Guidance. Given that the premises may be particularly appealing to
children and young persons, the Licensing Authority will give appropriate weight to
the consideration of child protection issues.

5.4. The Chief Officer of Police is a statutory consultee for all such permit applications.
Any representations made by the Chief Officer of Police which are relevant to the
licensing objectives will be considered by the Licensing Authority relevant
considerations may include:

• whether the applicant has any convictions that would render them
unsuitable to operate prize gaming, or
• the suitability of the location of the premises in relation to any disorder
issues.

This list is not mandatory, nor exhaustive, and is merely indicative of example
measures.

5.5. It should be noted that whilst there may be conditions in the Gambling Act 2005 and
Gambling Commission codes of practice (including on social responsibility) with
which the permit holder must comply, the Licensing Authority cannot attach
conditions to this permit. Where the Authority is minded to refuse a permit application
it will notify the applicant and allow the opportunity for the applicant to make
representations (which may be considered at a hearing).

6. Travelling Fairs

6.1. It is the duty of the Licensing Authority to decide whether, where category D machines
and / or equal chance prize gaming without a permit are made available for use at
travelling fairs, the statutory requirement that the facilities for gambling amount to no
more than an ancillary amusement at the fair is met.

6.2. The Licensing Authority will carefully consider whether an operator falls within the
statutory definition of a travelling fair (provided by section 286 of the Act) and be
‘wholly or principally’ providing amusements.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 42
6.3. The 27-day statutory maximum for the land being used as a fair is per calendar year,
and that this applies to the piece of land on which the fairs are held regardless of
whether it is the same or different travelling fairs occupying the land. The Licensing
Authority shall endeavour to work with neighbouring authorities to ensure that land
which crosses district/borough boundaries is monitored so that the statutory limits are
not exceeded.

7. Society Lotteries

7.1. The Licensing Authority is responsible for registering small society lotteries. A lottery is
defined under the Act and in the guidance as:

A simple lottery if:

• persons are required to pay to participate;
• one or more prizes are allocated to one or more members of a class;
• the prizes are allocated by a process which relies wholly on chance.

A complex lottery if:

• persons are required to pay to participate;
• one or more prizes are allocated to one or more members of a class;
• the prizes are allocated by a series of processes;
• the first of those processes relies wholly on chance.

A society, or any separate branch of such a society, may be registered by the council
to promote a small lottery where it is established and conducted for:

• charitable purposes (as defined in section 2 of the Charities Act 2006);
• the purpose of enabling participation in, or of supporting, sport,
athletics or a cultural activity;
• any other non-commercial purpose other than private gain;

The proceeds of the lottery must be devoted to the purposes above. The society must
not be established for the sole purpose of facilitating lotteries.

A small lottery is defined in the Act and the current limitations are published on the
Council website at www.babergh.gov.uk Definitions of exempt lotteries are also
published at the above address.

7.2. The Licensing Authority may only register a society which wishes to promote a small
lottery where the society’s principal office is located within its area. If the Council
believes that the society’s principal office does not fall within its boundaries it will
inform the society at the earliest opportunity.

If the society’s status is unclear, the Authority may ask for the society applying to
register with it to supply a copy of its terms of reference or constitution to enable it to
establish that the society is non-commercial, together with a declaration to the effect
that it is non-commercial.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 43
7.3. Registration of small society lotteries is a function which the Authority has delegated to
officers. Details of societies registered by the Authority will be published in a register
maintained by the Authority.

The registration is for an indefinite period unless the registration is cancelled by:

• the society; or
• the council on failure of the society to pay the annual charge.

7.4. The Licensing Authority may refuse to register a small society lottery where:

• an operating licence held by the applicant for registration has been
revoked or an application for an operating licence made by the
applicant for registration has been refused within the past five years;
• the society cannot be deemed non-commercial;
• a person who will or may be connected with the promotion of the
lottery has been convicted of a relevant offence;
• information provided in or with the application for registration is found
to be false or misleading.

Where the Licensing Authority proposes to refuse to register a small society lottery it
will give the society an opportunity to make representations in writing or at a hearing.
The Authority will notify the society in writing of the outcome of the hearing and the
reasons for the decision.

7.5. The Licensing Authority may revoke a society lottery registration where it considers
that it would have had to, or would be entitled to, refuse an application if it were to be
made at that time.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 44
SCHEDULE A

Responsible Authority Contacts

1. Licensing Authority
Endeavour House
8 Russell Road
Ipswich, IP1 2BX
Licensingteam@baberghmidsuffolk.gov.uk

2. The Gambling Commission
4
th
Floor, Victoria Square House
Victoria Square
Birmingham, B2 4BP
licensing@gamblingcommission.gov.uk

3. Suffolk Constabulary
Police Licensing Unit
4 Landmark House
4 Egerton Road
Ipswich, IP1 5PF
PoliceAlcoholLicensing@suffolk.pnn.police.uk

4. Suffolk Fire and Rescue
Fire Service HQ
Endeavour House
8 Russell Road
Ipswich, IP1 2BX
Fire.BusinessSupport@suffolk.gov.uk

5. Planning
Endeavour House
8 Russell Road
Ipswich, IP1 2BX
planning@baberghmidsuffolk.gov.uk

6. Environmental Protection
Endeavour House
8 Russell Road
Ipswich, IP1 2BX
environmentalhealth@baberghmidsuffolk.gov.uk

7. Trading Standards
4 Landmark House
4 Egerton Road
Ipswich, IP1 5PF
tradingstandards@suffolk.gov.uk

8. Suffolk Safeguarding Partnership
Endeavour House
8 Russell Road

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 45
Ipswich, IP1 2BX
enquiries@suffolksp.org.uk

9. Primary Care Trust
Director of Public Health
Endeavour House
8 Russell Road
Ipswich, IP1 2BX
PH.licensing@suffolk.gov.uk

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 46
SCHEDULE B

Section 353 of the Gambling Act 2005 gives some general interpretation and
reference for some of the main terminology used within the Act and
contained within this Statement of Principles document. Except where the
context otherwise requires:

“adult” means an individual who is not a child or young person
“adult gaming centre” has the meaning given by section 237
“alcohol licence” has the meaning given by section 277
“authorised local authority officer” has the meaning given by section 304
“authorised person” has the meaning given by that section
“betting” has the meaning given by sections 9 to 11, 37 and 150
“betting intermediary” has the meaning given by section 13
“bingo” means any version of that game, irrespective of by what name it is described
“casino” has the meaning given by section 7
“casino game” has the meaning given by that section
“Category A gaming machine” (or B, C or D) means a gaming machine falling within Category A (or
B, C or D) as prescribed under section 236
“chief constables of police forces” has the same meaning in relation to England and Wales as in the
Police Act 1996 (c. 16)
“child” has the meaning given by section 45
“club gaming permit” has the meaning given by section 271
“club machine permit” has the meaning given by section 273
“commercial club” has the meaning given by section 267
“the Commission” means the Gambling Commission
“director” –
(a) has the meaning given by section 741 of the Companies Act 1985 (c. 6), and
(b) includes a shadow director within the meaning of that section
“dog track” means premises which are designed, used or adapted for use for dog-racing
“draw”, in relation to a lottery, has the meaning given by section 255
“EEA State” means a State which is a contracting party to the Agreement on the European
Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time)
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the
Scottish Parliament
“enforcement officer” means a person designated or appointed as an enforcement officer under
section 303
“equal chance gaming” has the meaning given by section 8
“exempt lottery” has the meaning given by section 258
“external lottery manager” has the meaning given by section 257
“fair” has the meaning given by section 286
“family entertainment centre” has the meaning given by section 238
“family entertainment centre gaming machine permit” has the meaning given by section 247
“football pools” means an arrangement whereby –
(a) people compete for prizes by forecasting the results of association football games, and
(b) each entry to the competition must forecast the results of at least four games
“gambling” has the meaning given by section 3
“gambling software” has the meaning given by section 41
“game of chance” has the meaning given by section 6
“gaming” has the meaning given by that section
“gaming machine” has the meaning given by section 235
“horse-race course” means premises which are designed, used or adapted for use for horse-racing
“horse-race pool betting” has the meaning given by section 12
“large casino” has the meaning given by regulations under section 7(5)
“licensed family entertainment centre” has the meaning given by section 238
“licensed premises gaming machine permit” has the meaning given by section 283
“the licensing objectives” has the meaning given by section 1
“licensing authority” has the meaning given by section 2
“lottery” has the meaning given by section 14 (and section 256)
“lottery manager’s operating licence” has the meaning given by section 98

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 47
“lottery ticket” has the meaning given by section 253
“machine” has the meaning given by section 235(3)(a)
“members’ club” has the meaning given by section 266
“miners’ welfare institute” has the meaning given by section 268
“the National Lottery” has the meaning given by section 1 of the National Lottery etc. Act 1993 (c.
39))
“non-commercial betting” has the meaning given by section 302
“non-commercial gaming” has the meaning given by section 297
“non-commercial society” has the meaning given by section 19
“occasional use notice” means a notice given under section 39
“operating licence” means a licence issued under Part 5
“on-premises alcohol licence” has the meaning given by section 277
“participant”, in relation to a game of chance, includes a person who discharges an administrative or
other function in relation to the game
“participation fee” has the meaning given by section 344
“passenger vessel” means a vessel which is carrying or expected to carry at least one passenger
“personal licence” means a licence issued under Part 6
“pool betting” has the meaning given by section 12
“premises” includes any place and, in particular –
(a) a vessel, and
(b) a vehicle
“premises licence” means a licence issued under Part 8
“private betting” has the meaning given by section 295 and Part 2 of Schedule 15
“private gaming” has the meaning given by section 295 and Part 1 of Schedule 15
“private gain” is to be construed in accordance with section 19(3)
“prize” in relation to gaming (except in the context of a gaming machine) has the meaning given by
section 6
“prize” in relation to a gaming machine has the meaning given by section 239
“prize” in relation to a lottery has the meaning given by section 14
“prize gaming” has the meaning given by section 288
“prize gaming permit” has the meaning given by section 289
“proceeds”, in relation to a lottery, has the meaning given by section 254
“profits”, in relation to a lottery, has the meaning given by that section
“profits”, in relation to non-commercial prize gaming, has the meaning given by section 299
“racecourse” means premises on any part of which a race takes place or is intended to take place
“real”, in relation to a game, event or process means non-virtual
“relevant offence” has the meaning given by section 126 and Schedule 7
“remote communication” has the meaning given by section 4
“remote gambling” has the meaning given by that section
“remote gambling equipment” has the meaning given by section 36
“remote operating licence” has the meaning given by section 67
“rollover”, in relation to a lottery, has the meaning given by section 256
“small casino” has the meaning given by regulations under section 7(5)
“society” includes a branch or section of a society
“stake” means an amount paid or risked in connection with gambling and which either –
(a) is used in calculating the amount of the winnings or the value of the prize that the
person making the stake receives if successful, or
(b) is used in calculating the total amount of winnings or value of prizes in respect of the
gambling in which the person making
the stake participates
“supply” includes –
(a) sale,
(b) lease, and
(c) placing on premises with permission or in accordance with a contract or other
arrangement
“temporary use notice” has the meaning given by section 215
“track” means a horse-race course, dog track or other premises on any part of which a race or other
sporting event takes place or is intended to take place
“travelling fair” has the meaning given by section 286
“vehicle” includes –
(a) a train,

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 48
(b) an aircraft,
(c) a seaplane, and
(d) an amphibious vehicle (other than a hovercraft within the meaning of the Hovercraft Act
1968 (c. 59))
“vessel” includes –
(a) anything, other than a seaplane or an amphibious vehicle, designed or adapted for
navigation or other use in, on or over water
(b) a hovercraft (within the meaning of the Hovercraft Act 1968), and
(c) anything, or any part of any place, situated in or on water
“virtual” has the meaning given by subsection (3) below
“winnings”, in relation to a bet, means anything won, whether in money or in money’s worth
“young person” has the meaning given by section 45

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 49

SCHEDULE C
Summary of machine provisions by premises

Machine category
Maximum
stake
(from April
2019)

Maximum prize
(from April 2019)

Allowed premises

A Unlimited Unlimited No Category A machines are currently
permitted.

B1
£5 £10,000 (with the
option of a
maximum £20,000
linked progressive
jackpot on a
premises basis
only)
Large Casino, Small Casino, Pre-
2005 Act casino and Regional
Casinos

B2
£2 £500 Betting premises and tracks
occupied by pool betting and all of
the above
(Note: The B2 machine category
includes Fixed Odds Betting
Terminals in Betting Premises)

B3
£2 £500 Bingo premises, adult gaming centres
and all of the above

B3A
£2 £500 Members’ club (or Miners’ welfare
institute) only

B4
£2 £400 Members’ club (or Miners’ welfare
club), commercial club and all of the
above.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 50

C

£1

£100

Family entertainment centre (with
Commission operating licence),
Qualifying alcohol licensed premises
(without additional gaming machine
permit), Qualifying alcohol licensed
premises (with additional LA gaming
machine permit) and all of the above.

Machine category
Maximum
stake
(from April
2019)

Maximum prize
(from April 2019)

Allowed premises

D money prize

10p

£5 Travelling fairs, unlicensed (permit)
Family entertainment centre and all
of the above

D non-money
prize (other than
crane grab
machine)
30p £8 All of the above.

D non-money
prize (crane grab
machine)
£1 £50 All of the above.

D combined
money and non-
money prize
(other than coin
pusher or penny
falls machines)
10p £8 (of which no
more than £5 may
be a money prize)
All of the above.
D combined
money and non-
money prize (coin
pusher or penny
falls machine)

20p

£20 (of which no
more than £10 may
be a money prize)

All of the above.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 51
SCHEDULE D

Gambling Activities: Children and Young Persons

Children are defined in the Act as under-16s and young persons as 16-17 year olds.
An adult is defined as 18 and over.
Children and young persons may take part in private and non-commercial betting and
gaming, but the Act restricts the circumstances in which they may participate in
gambling or be on premises where gambling is taking place as follows:
• casinos are not permitted to admit anyone under 18
• betting shops are not permitted to admit anyone under 18
• bingo clubs may admit those under 18 but must have policies to ensure that
they do not play bingo, or play category B or C machines that are restricted to
those over 18
• AGCs are not permitted to admit those under 18
• FECs and premises with a liquor licence (for example pubs) can admit under-
18s, but they must not play category C machines which are restricted to those
over 18
• clubs with a club premises certificate can admit under-18s, but they must have
policies to ensure those under 18 do not play machines other than category D
machines
• all tracks can admit under-18s, but they may only have access to gambling
areas on days where races or other sporting events are taking place or are
expected to take place. This was extended to other sporting venues under the
Gambling Act 2005 (Exclusion of Children from Track Areas) Order 2007.
Tracks will be required to have policies to ensure that under-18s do not
participate in gambling other than on category D machines.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 52
SCHEDULE E

Local Area Profile and Risk Assessments

The Gambling Commission issue codes of practice under section 24 of the
Gambling Act 2005, about the manner in which facilities for gambling are provided
to ensure that:

• gambling is conducted in a fair and open way
• children and other vulnerable people are protected from being harmed or
exploited by gambling
• assistance is made available to people who are, or may be, affected by
problems related to gambling.

This Licensing Authority endorses the codes of practice mentioned above.

Codes of practice are either:

• social responsibility code provisions – which must be adhered to by all
licence holders
• ordinary code provisions – these do not have the status of licence conditions
but failure to take account of them can be used as evidence in criminal or
civil proceedings.

More detail can be found on the Gambling Commission website Licence Conditions
and Codes of Practice

The following are extracts relating to this aspect:

Social responsibility code provision 10.1.1
Assessing local risk

1. Licensees must assess the local risks to the licensing objectives posed by
the provision of gambling facilities at each of their premises, and have
policies, procedures and control measures to mitigate those risks. In making
risk assessments, licensees must take into account relevant matters
identified in the licensing authority’s statement of licensing policy.

2. Licensees must review (and update as necessary) their local risk
assessments:
• to take account of significant changes in local circumstances,
including those identified in a licensing authority’s statement of
licensing policy;
• when there are significant changes at a licensee’s premises that may
affect their mitigation of local risks;
• when applying for a variation of a premises licence; and
• in any case, undertake a local risk assessment when applying for a
new premises licence.

MID SUFFOLK & BABERGH DISTRICT COUNCIL: GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 7th EDITION) Page 53
Ordinary code provision 10.1.2
Sharing local risk assessments

1. All non-remote casino, adult gaming centre, bingo, family entertainment
centre, betting and remote betting intermediary (trading room only) licences,
except non- remote general betting (limited) and betting intermediary
licences

2. Licensees should share their risk assessment with licensing authorities when
applying for a premises licence or applying for a variation to existing licensed
premises, or otherwise on request.

Such risk assessments can make reference to the council’s Area Profile which may
be compiled with respect to reported gambling-related problems in an area. At the
time of preparing this edition of the Statement of Licensing Principles there has
been no evidence presented to Babergh or Mid Suffolk District Council to support
the assertion that any part of each district had or is experiencing problems from
gambling activities.