Gaming law won't bite immediately
In spite of its length and complexity (362 sections and 18 schedules) the new Gambling Act actually represents a relaxation of the law in certain respects, particularly for pubs.
True, there are new codes of practice, and the dread hand of local government also plays a part. But when the dust has settled and the scare-mongering press moves on to other things, gambling in pubs will continue with its small scale activities in much the same way as before.
The reason for returning to this subject for the next couple of weeks is to allay some of the fears stoked up by screaming headlines such as "Act now on new gaming laws!" as if there is some sort of deadline that pubs must meet. For most pubs, no action at all will be needed, if they are content to continue with what they are doing now after 1 September.
Take gaming machines. I have already written about the different ways in which transition to the new laws will work. The key thing to do is to locate your gaming machine permit, probably issued by the licensing justices some time ago, and look at the date when it expires. That is the only date you have to worry about.
If there is no date on it at all, or if it is a date so far in the future that you will be long departed from this glorious trade, then the key date is 31 August 2010. That's right - three years from now. That is when this kind of permit will eventually expire.
However, the majority of machine permits will have been granted for at least three years, and there will be a variety of expiry dates, some sooner than others. Just prior to that time, you have a responsibility to notify your local council that you intend to continue with your two machines as of right. It is a simple form, you can ask your licensing officer for it when you need one.
It is not an application, it is a notification, but there is a fee and that is £50. Quite why it
is so high is a mystery, because the local authority needs to do nothing administratively, except put you on a list (which it already has).
You can do this at any time up to the day the permit expires. If you carry on with
gaming machines without having notified the local authority, then technically they can call round and tell you to shut them off until you do. Really that is all they can do.
For the minority of pubs with a permit allowing more than two machines, the situation is slightly different, but again not immediate. Again, look at the date on your existing permit. Prior to that date, you must apply for a new licensed premises gaming machine permit. Again, the licensing officer will be able to help with the application form.
If you comply with the application procedure, the council cannot cut your machine entitlement.
You have "grandfather rights" on this. But you will have to pay a higher fee and also an annual fee for the permit, which other pubs with only two machines do not have to pay.
Of course, if you decide at any time that you want more than two gaming machines in your pub, you will have to apply for the new-style permit and that could mean a hearing in front of the licensing committee if there are any objections. Some pubs were consistently knocked back by the justices and there is a chance that the local authority may take a different view.
Next week: poker and other games of chance.
