Legal advice: You can bet on it
The Gambling Act 2005 will replace all the existing legislation on gaming, betting and lotteries. This includes gaming machines, bingo, poker and other card games. The transitional period should begin in early 2007 and the new Act will come fully into force in September 2007. Here we explore the changes affecting pubs and licensed premises in more detail.
Gaming machines
The popularity of the one-armed bandit or fruit machines in pubs will continue under the Gambling Act 2005 as the government has simplified the bureaucracy when it comes to those premises with one or two gaming machines.
From September 2007 licensed premises will enjoy the benefit of an automatic right to have two category C or D gaming machines.
Following the recent increase from the Department for Culture, Media and Sport, Category C machines have a maximum stake of 50p and a maximum prize of £35. They cannot be played by children and are equivalent to the all cash machines.
Category D machines, currently AWPs, have a maximum stake of 10p or 30p non-monetary and maximum prize £5 cash or £8 non-monetary. Category D can be played by children.
To enjoy this right the holder of the premises licence will simply write to the local authority, stating that they intend to have two machines of category C and/or D and enclose a fee (yet to be set).
The local authority must allow you to have the two machines once you have written to it and paid the fee. They can, under very limited circumstances, however, remove the right to two machines.
More than two machines
If the pub wishes to have more than two machines it must apply for a licensed premises gaming machine permit. This is an application with limited grounds for the authority to refuse. Details of the application and fee have yet to be determined.
There is no limit to the number of machines of category C or D, but the local authority can change the number of machines in the application, and must notify you of this intention and allow you to make representations.
There is no right to a hearing. However, the licensing authority cannot impose any conditions on the licence. Unlike Section 34 these permits can be transferred.
Position of gaming machines
All gaming machines must be positioned and operated in accordance with the codes of practice. The final versions of these codes have yet to be published and an update will follow. Meanwhile, expect to have to place category C machines in view of the bar so they can be adequately supervised.
For more information contact Nick Arron on 0115 953 8500 or log onto www.popall.co.uk
