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Licence - gaming machines

Gaming machines are defined in the Gambling Act 2005 as a machine which is designed or adapted for use by individuals to gamble (whether or not it can also be used for other purposes). A licence is not required where the machine in question is based only on a game of skill (e.g. quiz machines), or is an amusement only machine and in either case no money or token is paid out by the machine.

The Gambling Act 2005 provides for a number of different permits for various gambling activities.
The types of permits that may be granted by the local authority are:

Alcohol-licensed premises (gaming machine permits)

Pubs and other alcohol licensed premises are automatically entitled to two category C or D gaming machines upon notification to the licensing authority of their intention to make gaming machines available for use. Licensing authorities can issue gaming machine permits which allow additional category C and D gaming machines to be provided. Where a gaming machine permit authorises the making available of a specified number of gaming machines in particular premises, this will effectively replace, and not be in addition to, any automatic entitlement to two machines.

Unlicensed Family Entertainment Centres (gaming machine permits)

Family entertainment centres (FECs) are most commonly located at seaside resorts, in airports, and at motorway service centres. FECs cater for families, including unaccompanied children and young people. Unlicensed FECs are able to offer category D machines if they obtain a gaming machine permit from their local licensing authority. Any number of category D machines can be made available with such a permit (subject to non-gambling considerations, such as fire regulations and health and safety).

Clubs (club gaming permits and club machine permits)

There are two types of club permit available: a club gaming permit or a club machine permit.

Club gaming permits allow the provision of no more than three gaming machines in total. Each of the three machines must be from categories B3A, B4, C or D but only one B3A machine can be sited, by agreement, as part of this entitlement. Club gaming permits also allow equal-chance gaming (for example, poker) and games of chance (for example, pontoon, chemin-de-fer) under certain restrictions.

Club machine permits allow the holder to have no more than three gaming machines in total. Members' clubs and miners' welfare institutes may site up to three machines from categories B3A, B4, C or D but only one B3A machine can be sited, by agreement, as part of this entitlement. Commercial clubs may site up to three machines from categories B4, C or D (not B3A machines).

Associated Legislation

Gambling Act 2005 Part 10
Gambling Commission

Requirements

Holders of permits for gaming machines are required to comply with codes of practice, drawn up by the Gambling Commission on the location and operation of machines. Information on these codes can be found on the Gambling Commission web site. Licensing authorities may only grant or reject an application for a permit. No conditions may be attached to a permit.

Procedure

Application form for Club Gaming Permit or Club Machine Permit

Application form for notification of 2 or less Gaming Machines or Gaming Machine Permit

On request an application form will be forwarded to the applicant for completion

Duration and Fee

Please make cheques payable to "Tonbridge & Malling Borough Council" or "TMBC"

Gaming Machine Permit

Automatic entitlement to two machines of category C or D the fee is £50. No annual fee.

Licensed Premises - Gaming Machine Permit

Applications for more than 2 category C or D machines the fee is £150. There is an annual fee of £50.

Club Gaming Permit

For Clubs with a Club Premises Certificate the prescribed fee is £100.00 and is of unlimited duration provided the annual fee of £50 is paid.

Club Machine Permit

For Clubs with a Club Premises Certificate the prescribed fee is £100.00 and is of unlimited duration provided the annual fee is paid.The first annual fee of £50 is due 30 days after the initial grant of the permit then the on-going annual fee of £50 is due on the anniversary of the grant of the permit.

For Commercial Clubs e.g Snooker Clubs, the prescibed fee is £200.00 with a ten year duration. The first annual fee of £50 is due 30 days after the initial grant of the permit then the on-going annual fee of £50 is due on the anniversary of the grant of the permit.

Gambling Act 2005

Gambling Act 2005 Home page

Further Information

mouse mat with mouseContact us using the Licensing Enquiry Form.

Phone: Licensing team Mon - Fri (01732) 876026
Email licensing.services@tmbc.gov.uk
Fax: 01732 876397

Post:

Licensing Section
Tonbridge and Malling Borough Council
Gibson Building
Gibson Drive
Kings Hill
West Malling
Kent
ME19 4LZ
Last Updated: 05th February 2014