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Mandatory, Default and Maidstone Borough Council’s Pool of Model Conditions for Gambling Premises Licences
Gambling Act 2005
September 2016
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Contents
Page No |
|||
1. |
Introduction |
5 |
|
2. |
Mandatory Conditions |
7 |
|
|
2.4 |
Converted Casinos |
7 |
|
2.5 |
Bingos |
9 |
|
2.6 |
Betting Tracks |
11 |
|
2.7 |
Betting (Other) |
15 |
|
2.8 |
Adult Gaming Centres |
17 |
|
2.9 |
Family Entertainment Centres |
18 |
3. |
Default Conditions |
20 |
|
|
3.4 |
Converted Casinos |
20 |
|
3.5 |
Bingos |
20 |
|
3.6 |
Betting Tracks |
20 |
|
3.7 |
Betting (Other) |
21 |
4. |
Model Conditions |
22 |
|
|
4.7 |
Hours |
22 |
|
4.8 |
CCTV |
23 |
|
4.9 |
Door Supervision |
24 |
|
4.10 |
Children and Young People |
25 |
|
4.11 |
Documents Provided to the Licensing Authority |
26 |
|
4.12 |
Entrances and Doors |
26 |
|
4.13 |
Staffing Levels |
26 |
|
4.14 |
Cashier Counters and Safe Havens |
27 |
|
4.15 |
Identification of Offenders and Problem Persons |
27 |
|
4.16 |
Seating |
27 |
|
4.17 |
Alarms (Premises and Personal) |
28 |
|
4.18 |
Toilets |
28 |
4.19 Restrictions on Food and Beverages 29
4.20 Signage, Promotional Material and Notices 29
4.21 Enticement Promotions 30
4.22 Staff Training 30
4.23 Recording of Incidents and Visits 31
4.24 Customer Bags and Belongings 31
4.25 Homeless and Street Drinking 31
4.26 Police Reporting Protocols and Crime Prevention 31
4.27 ATM’s 32
4.28 Gaming Machines and SSBT’s 32
4.29 Multiple Storey Venues 33
1. Introduction
1.1 Maidstone is the Licensing Authority under the Gambling Act
2005 (the Act). The Licensing Authority is responsible for considering and determining applications for premises licences which offer gambling facilities within Maidstone. The Licensing Authority also has the role of ensuring compliance with the terms and conditions of the licences.
1.2 The Act contains three licensing objectives which guide the way that the Licensing Authority performs its functions and the way that gambling operators carry on their activities. They are:
(a) preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime.
(b) ensuring that gambling is conducted in a fair and open way.
(c) protecting children and other vulnerable persons from being harmed or exploited by gambling.
1.3 The Act places a legal duty on the Licensing Authority to aim to permit gambling in so far as it thinks it reasonably consistent with the licensing objectives. The effect of this duty is that the Licensing Authority must approach its functions in a way that seeks to regulate gambling by using its powers, for example to attach conditions on licences, to moderate its impact on the licensing objectives rather than by starting out to prevent it altogether.
1.4 The Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007 impose conditions on each category of gambling premises licence under the Act. For ease of reference and to provide a concise document which contains all of the relevant conditions, the Licensing Authority has included the mandatory and default conditions in parts 2 and 3 of this document.
1.5 The Licensing Authority has developed a pool of Model Conditions in Part 4 of this document to assist gambling operators, responsible authorities and interested parties when considering conditions to deal with specific issues and concerns. These conditions will also encourage a consistent approach to the drafting and imposition of conditions on premises licences.
1.6 Gambling operators will identify measures that mitigate the risk to harming the licensing objectives in their local risk assessment for each specific premises. The model conditions will assist prospective and existing licence holders to identify and select specific conditions that would cement these proposed measures within the regulatory framework. .
1.7 Once an application has been made, responsible authorities and interested parties are encouraged to engage with the applicant if they are considering making a representation to their application. This will enable discussions about their concerns and the ability to agree specific conditions to address them.
1.8 The model conditions within this document are not an exclusive or exhaustive list of conditions which may be included on a premises licence. It does not restrict any applicant, responsible authority, or other interested parties from proposing any alternative conditions, nor would it restrict a Licensing Sub- Committee from imposing any reasonable condition on the grant of a licence it considers appropriate so as to aim to permit gambling under section 153 of
the Act.
1.9 This is the first edition of the Mandatory, Default and Maidstone Model Conditions for Gambling Premises Licences that we have produced. We will continue to update this document and publish it on our website at www.maidstone.gov.uk
1.10 If you have any comments relating to this documents content and use please contact the Licensing Team on 01622 602028 or email licensing@maidstone.gov.uk.
2. Mandatory Conditions
2.1 Mandatory conditions are conditions that are specified in the Gambling Act
2005 (Mandatory and Default Conditions) (England and Wales) Regulations
2007 (2007 Regs). The mandatory conditions for each category of premises licences are listed below as conditions with Maidstone Borough Council’s own condition reference. The specific regulation, schedule, part and paragraph where those conditions are located within the 2007 Regs is available to the right of each of the mandatory conditions.
2.2 These mandatory conditions are applied to the relevant category of premises licence and cannot be removed or varied in anyway.
2.3 Where a mandatory condition, as specified within the 2007 Regs refers to a paragraph that is a separate condition within that part of the schedule we
have replaced that paragraph number with the relevant Maidstone Borough Council’s condition reference so it is clear which condition is being referred to.
2.4 Converted Casinos
CCM01 The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.
Reg
3(2)
CCM02 The layout of the premises shall be maintained in
accordance with the plan.
Reg
3(3)
CCM03 The premises
shall
not be used for—
a) the sale of tickets in a private lottery or customer lottery, or
b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.
Reg
3(4)
CCM04 The principal entrance to the premises shall
be
from a street.
CCM05 No entrance to the premises
shall
be
from premises that
are used wholly or mainly by children, by young persons,
or by both.
CCM06 No customer shall be able to enter the premises directly from any other premises in respect of which a licence
Reg 4, Sch 1, Part 1, Para
1(1)
Reg 4, Sch 1, Part 1, Para
1(2)
Reg 4, Sch 1,
issued under Part 8 of the Act, or a permit issued under
Schedule 10, 12 or 13 to the Act, has
effect
CCM07 A gap of at least 2 metres
shall be maintained between any ordinary gaming table and any other equipment, apparatus or structure used by a person to gamble on the premises.
Part 1, Para
1(3)
Reg 4, Sch 1, Part 1, Para 2
CCM08 No more than 40 separate player positions may be made available for use in relation to wholly automated gaming tables at any time.
Reg 4, Sch 1, Part 1, Para 3
CCM09 (1)
The rules of each type of casino game that is available to be played on the premises shall be displayed in a prominent place within both the table gaming area and other gambling area of the premises to which customers wishing to use facilities for gambling have unrestricted access.
Reg 4, Sch 1, Part 1, Para 4
(2)
The condition in sub-paragraph (1) may be satisfied by—
a) displaying a clear and legible sign setting out the rules; or
b)
making available to customers leaflets or other written material
containing the rules.
CCM10 Any ATM made available for use on the premises shall be located in a place that requires any customer who wishes to use it to cease gambling at any gaming table, gaming machine or betting machine in order to do so.
Reg 4, Sch 1,
Part 1, Para 5
CCM11 A notice shall be displayed in a prominent place at every entrance to the premises stating that no person under the age of 18 years is permitted to enter the premises.
Reg 8, Sch1, Part 5, Para 1
CCM12 (1)
(2)
This paragraph shall apply to premises which have a gambling area the floor area of which is no less than
200m2.
In determining the floor area of the gambling area, all areas in which facilities for gambling are provided on the premises shall be taken into account.
Reg 8, Sch1, Part 5, Para 2
(3)
The premises shall contain a non-gambling area, the floor area of which is no less than 10% of the floor area of the gambling area.
(4)
The non-gambling area may consist of one or more
areas within the premises.
(5)
Lobby areas and toilet facilities may be taken into account in calculating the non-gambling area; but the non-gambling area shall not consist exclusively of lobby areas and toilet facilities.
(6)
Facilities for gambling shall not be provided in the non-gambling area.
(7)
At any time during which facilities for gambling are being provided on the premises, each separate area comprising the non-gambling area, other than the lobby areas and toilet facilities referred to in sub- paragraph (5), shall contain recreational facilities that are available for use by customers on the premises.
2.5 Bingos
BIM01 The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.
Reg
3(2)
BIM02 The layout of the premises shall be maintained in
accordance with the plan.
Reg
3(3)
BIM03 The premises
shall
not be used for—
a) the sale of tickets in a private lottery or customer lottery, or
b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.
Reg
3(4)
BIM04 A notice stating that no person under
the age of 18 years
is permitted to play bingo on the premises shall be displayed in a prominent place at every entrance to the premises.
BIM05 No customer shall be able to enter
the
premises directly
from
any
other premises
in respect of which one of the following permissions has
effect—
a) a casino premises licence;
b) an adult gaming centre premises licence;
c) a betting premises licence other than a track premises licence; and
Reg 10, Sch2, Part 1, Para 1
Reg 10, Sch2, Part 1, Para 2
BIM06 (1)
This paragraph shall apply where children or young persons or both are permitted by the licence holder to enter the premises, and Category B or C gaming machines are made available for use on the premises.
Reg 10, Sch2, Part 1, Para 3
(2)
Any area of the premises to which category B and C
gaming machines are located—
a) shall be separated from the rest of the premises by a physical barrier which is effective to
prevent access other than by an entrance designed for the purpose;
b) shall be supervised at all times to ensure children or young persons or both do not enter the area; and
c) shall be arranged in such a way that ensures all parts of the area can be observed by the persons mentioned in sub-paragraph (3).
(3)
The reference to supervision in this paragraph means supervision by—
a) one or more persons whose responsibilities include ensuring children or young persons or both do not enter the area; or
b) closed circuit television which is monitored by one or more persons whose responsibilities include ensuring that children or young persons or both do not enter the area.
(4)
A notice stating that no person under the age of 18 years is permitted to enter the area shall be displayed in a prominent place at the entrance to any area of the premises in which Category B or C gaming machines are made available for use.
BIM07 (1)
1) In the case of a charge for admission to the premises, a notice of that charge shall be displayed in a prominent place at the principal entrance to the premises.
Reg 10, Sch2, Part 1, Para 4
(2)
In the case of any other charges in respect of gaming, a notice setting out the information in sub-paragraph
(3) shall be displayed at the main point where payment for the charge is to be made.
(3)
The notice in sub-paragraph (2) shall include the following information—
a) the cost (in money) of each game card (or set of
game cards) payable by an individual in respect of a game of bingo;
b) in respect of each game card (or set of game cards) referred to in paragraph (a) the amount that will be charged by way of a participation fee for entitlement to participate in that game; and
c) a statement to the effect that all or part of the participation fee may be waived at the discretion of the person charging it.
(4)
The notice may be displayed in electronic form.
(5)
A reference in this paragraph to a charge in respect of gaming does not include an amount paid for an opportunity to win one or more prizes in gaming to which section 288 of the 2005 Act (meaning of “prize gaming”) applies.
BIM08 (1)
The rules of each type of game that is available to be played the premises other than games played on gaming machines shall be made available to customers within the premises.
Reg 10, Sch2, Part 1, Para 5
(2)
The condition in sub-paragraph (1) may be satisfied by—
a) displaying a sign setting out the rules,
b) making available leaflets or other written material containing the rules, or
c) running an audio-visual guide to the rules prior to any bingo game being commenced.
BIM09 Any ATM made available for use on the premises
shall
be located in a place that requires any customer who wishes to use it to cease gambling in order to do so.
Reg 10, Sch2, Part 1, Para 6
2.6 Betting Tracks
BTM01 The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.
Reg
3(2)
BTM02 The layout of the premises shall be maintained in accordance with the plan.
Reg
3(3)
BTM03 The premises
shall
not be used for— Reg
3(4)
a) the sale of tickets in a private lottery or customer lottery, or
b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.
BTM04 No customer shall be able to access the premises
directly from any other
premises
in respect of which one of the following premises licences
has
effect—
a) a casino premises licence;
b) an adult gaming centre premises licence.
Reg 16, Sch 6, Part 1, Para 1
BTM05 A notice stating that no person under
the age of 18 is permitted to bet on the premises
shall be displayed in a
prominent place at every public
entrance to the premises.
BTM06 The terms
on
which a bet may be placed must be displayed in a prominent place within the premises
to which customers wishing to use facilities for
betting have
unrestricted access.
Reg 16, Sch 6, Part 1, Para 2
Reg 16, Sch 6, Part 1, Para 3
BTM07 The premises licence holder shall make arrangements to ensure that betting operators who are admitted to the premises for the purpose of accepting bets—
a) will be operating under a valid operating licence;
and
b) are enabled to accept such bets in accordance with—
(i) the conditions imposed under sections 92 (general betting operating licence) or 93 (pool betting operating licence) of the 2005 Act, or
(ii) an authorisation under section 94 (horse-race pool betting operating licence) of that Act.
Reg 16, Sch 6, Part 1, Para 4
BTM08 The premises
licence holder
shall
make arrangements to
ensure that reasonable steps are taken to remove from the premises any person who is found to be accepting bets on
the
premises otherwise than in accordance with the 2005
Act.
Reg 16, Sch 6, Part 1, Para 5
BTM09 Any ATM made available for use on the premises shall be located in a place that requires
any
customer who wishes to use it to cease gambling in order to do so.
Reg 16, Sch 6, Part 1, Para 6
Mandatory conditions attached to track premises
in respect of premises
that
are horse-race courses
BTM10 (1)
(2)
This paragraph shall apply to converted track premises licences in respect of premises that are horse-race courses.
The licence holder shall ensure that in respect of any part of the track, which immediately before 1st September 2007 was made available for the purposes of complying with a condition imposed under section 13(2) of the 1963 Act (which provides for conditions to be imposed on a certificate under section 13 relating to the places which are to be provided for enabling betting to take place on the track), that part shall continue to be made available for the purposes of enabling betting operators and betting operators’ assistants to use it for carrying on business in connection with providing facilities for betting.
Reg 16, Sch 6, Part 2, Para 1
(3)
Sub-paragraph (2) is without prejudice to any application under section 187 of the 2005 Act (application to vary a premises licence) to change the location of the part of the track to which that sub- paragraph applies.
(4)
Where such an application is granted, sub-paragraph (2) is to have effect as if it required the licence holder to ensure that the part of the track identified in the application as the new location for the area referred to in that sub-paragraph is made available for the purposes of enabling betting operators and betting operators’ assistants to carry on business in connection with providing facilities for betting.
(5)
References in this paragraph to an “existing betting area” are to any part of the track which is required to be made available in accordance with the preceding provisions of this paragraph for the purposes of enabling betting operators and betting operators’ assistants to carry on business in connection with providing facilities for betting.
(6)
The charge for admission to an existing betting area for the purposes of carrying on business in
connection with providing facilities for betting shall not exceed—
a) where payable by a betting operator, five times the cost of the highest charge paid by
members of the public who are authorised to
enter that part of the track; and
b) where payable by a betting operator’s assistant, the cost of the highest charge paid by members of the public who are authorised to enter that part of the track.
(7)
A betting operator or betting operator’s assistant shall not be charged, for admission to an existing betting area, an amount which differs from that charged to any other betting operator or betting operator’s assistant for admission to that part of the track.
(8)
No charges may be made to betting operators and betting operators’ assistants who are admitted to the existing betting areas of the track, other than—
a) the charge for admission in accordance with sub-paragraphs (6) and (7), and
b) charges levied to cover costs reasonably incurred in connection with enabling betting operators and betting operators’ assistants to operate in the existing betting area.
(9)
This paragraph shall not apply after 31st August
2012.
BTM11 (1)
(2)
This paragraph shall apply to all track premises licences in respect of premises that are horse-race courses.
The licence holder shall provide a place on the premises where betting operators and betting operators’ assistants, including small-scale operators, may carry on business in connection with providing facilities for betting and to which the public may resort for the purpose of betting.
Reg 16, Sch 6, Part 2, Para 6
(3)
The reference in this paragraph to “small-scale operators” shall have the same meaning as prescribed in The Gambling Act 2005 (Definition of Small-scale Operator) Regulations 2006.
(4)
This paragraph shall not apply to converted track premises licences before 1st September 2012.
Mandatory conditions attached to track premises
licences in respect of
premises that are dog racing tracks
BTM12 A totalisator on the premises shall only be operated— Reg 16, Sch 6,
a) while the public are admitted to the premises for the purpose of attending dog races and no other sporting events are taking place on the premises; and
b) for effecting with persons on the premises betting transactions on dog races taking place on the premises.
Part 3, Para 1
BTM13 (1)
1) At any time during which the totalisator is being lawfully used on the premises—
a) no betting operator or betting operator’s assistant shall be excluded from the premises by reason only of the fact that he proposes to accept or negotiate bets on the premises; and
b) there shall be made available on the premises space for betting operators and betting operators’ assistants where they can conveniently accept and negotiate bets in connection with dog races run on the premises on that day.
Reg 16, Sch 6, Part 3, Para 2
(2)
This paragraph is without prejudice to section 180 (pool betting on dog races) of the 2005 Act.
BTM14 For the purposes of this
Part, “totalisator” means
the
apparatus for
betting known as
the
totalisator or
pari
mutuel, or
any
other machine or instrument of betting of a
like nature, whether mechanically operated or
not.
Reg 16, Sch 6, Part 3, Para 3
2.7 Betting (Other)
BOM01 The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.
Reg
3(2)
BOM02 The layout of the premises shall be maintained in accordance with the plan.
Reg
3(3)
BOM03 The premises
shall
not be used for—
a) the sale of tickets in a private lottery or customer lottery, or
b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.
Reg
3(4)
BOM04
A
notice stating that no person under
the age of 18 years
is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.
Reg 14, Sch 5, Part 1, Para 1
BOM05 (1)
(2)
Access to the premises shall be from a street or from other premises with a betting premises licence.
Without prejudice to sub-paragraph (1), there shall be no means of direct access between the premises and other premises used for the retail sale of merchandise or services.
Reg 14, Sch 5, Part 1, Para 2
BOM06 Subject to anything permitted by virtue of the 2005 Act, or done in accordance with conditions BOM07, BOM08, BOM09 and BOM10 below, the premises
shall not be used for
any
purpose other
than for
providing facilities for
betting.
Reg 14, Sch 5, Part 1, Para 3
BOM07
Any ATM made available for use on the premises shall be located in a place that requires
any
customer who wishes to use it to leave any gaming machine or betting machine in order to do so.
Reg 14, Sch 5, Part 1, Para 4
BOM08 No apparatus for making information or other material available in the form of sounds
or visual images may be used on the premises, except for
apparatus used for
the following purposes—
Reg 14, Sch 5, Part 1, Para 5
a) communicating information about, or coverage of, sporting events, including—
(i) information relating to betting on such an event; and
(ii) any other matter or information, including an advertisement, which is incidental to such an event;
b)
communicating information relating to betting on any event (including the result of the event) in connection with which betting transactions may be or have been effected on the premises.
BOM09
No
publications, other than racing periodicals or specialist betting publications, may be sold or
offered for
sale
on the premises.
Reg 14, Sch 5, Part 1, Para 6
BOM10 No music, dancing or other entertainment shall be provided or permitted on the premises, save for entertainment provided in accordance with BOM08
Reg 14, Sch 5, Part 1, Para 7
BOM11 (1)
(2)
No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.
A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.
Reg 14, Sch 5, Part 1, Para 8
BOM12 A notice setting out the terms on which customers
are
invited to bet on the premises shall be displayed in a
prominent place on the premises
to which customers have unrestricted access.
Reg 14, Sch 5, Part 1, Para 9
2.8 Adult Gaming
Centres
AGM01 The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.
Reg
3(2)
AGM02 The layout of the premises shall be maintained in accordance with the plan.
Reg
3(3)
AGM03 The premises
shall
not be used for—
a) the sale of tickets in a private lottery or customer lottery, or
b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.
Reg
3(4)
AGM04
A
notice stating that no person under
the age of 18 years
is permitted to enter the premises shall be displayed in a prominent place at every entrance to the premises.
Reg 12, Sch 3, Para 1
AGM05 No customer shall be able to access the premises
directly from any other
premises
in respect of which a licence
issued under
Part 8 of the Act, or a permit issued under Schedule 10, 12 or
13
to the Act, has
effect.
Reg 12, Sch 3, Para 2
AGM06 Any ATM made available for use on the premises
shall
be located in a place that requires any customer who wishes
Reg 12, Sch 3,
to use it to cease gambling at any gaming machine in
order to do so.
Para 3
AGM07 (1)
No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.
Reg 12, Sch 3, Para 4
(2)
A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.
2.9 Family Entertainment Centres
FEM01 The summary of the terms and conditions of the premises licence issued under section 164(1)(c) of the 2005 Act shall be displayed in a prominent place within the premises.
Reg
3(2)
FEM02 The layout of the premises
shall be maintained in accordance with the plan.
Reg
3(3)
FEM03 The premises shall not be used for—
a) the sale of tickets in a private lottery or customer lottery, or
b) the sale of tickets in any other lottery in respect of which the sale of tickets on the premises is otherwise prohibited.
Reg
3(4)
FEM04 No
customer shall be able to access the premises
directly from any other
premises
in respect of which one of the following premises licences
has
effect—
Reg 13, Sch 4, Para 1
a) a casino premises licence;
b) an adult gaming centre premises licence;
c) a betting premises licence other than a track premises licence.
FEM05 Any ATM made available for use on the premises shall be located in a place that requires
any
customer who wishes
to use it to cease gambling at any gaming machine in order to do so.
Reg 13, Sch 4, Para 2
FEM06 (1) Where Category C
gaming machines are made available for use on the premises, any area of the premises in which those machines
are located—
Reg 13, Sch 4, Para 3
a) shall be separated from the rest of the premises by a physical barrier which is
effective to prevent access other than by an entrance designed for the purpose;
b) shall be supervised at all times to ensure children or young persons or both do not enter the area; and
c) shall be arranged in such a way so as to permit all parts of the area to be observed by the persons mentioned in sub-paragraph (2).
(2)
The reference to supervision in this paragraph means supervision by—
a) one or more persons whose responsibilities include ensuring children or young persons or both do not enter the area; or
b) closed circuit television which is monitored by one or more persons whose responsibilities include ensuring that children or young persons or both do not enter the area.
(3)
A notice stating that no person under the age of 18 years is permitted to enter the area shall be displayed in a prominent place at the entrance to any area of
the premises in which Category C
gaming machines are made available for use.
FEM07 (1)
No alcohol shall be permitted to be consumed on the premises at any time during which facilities for gambling are being provided on the premises.
Reg 13, Sch 4, Para 4
(2)
A notice stating the condition in sub-paragraph (1) shall be displayed in a prominent place at every entrance to the premises.
3. Default Conditions
3.1 Default conditions are conditions that are specified in the Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007 (2007 Regs). The default conditions for each category of premises licences are listed below as conditions with Maidstone own condition reference. The specific regulation, schedule, part and paragraph where those conditions are located within the 2007 Regs is also included to the right of each condition.
3.2 These default conditions are applied to the relevant category of premises licence unless the applicant or licensee specifies that the default conditions are to be removed via a new application or a variation of an existing licence.
3.3 Where a default condition, as specified within the 2007 Regs refers to a paragraph that is a separate condition within that part of the schedule we
have replaced that paragraph number with the relevant Maidstone reference so it is clear which condition is being referred to.
3.4 Converted Casinos
CCD01 No facilities for gambling shall be provided on the premises between the hours of 6am and noon on any day.
Reg 9, Sch 1, Part 6
3.5 Bingos
BID01 Subject to BID02, no facilities for gambling shall be provided on the premises between the hours of midnight and 9am.
Reg 11, Sch 2, Part 2, Para 1
BID02 The condition in BID01 shall
not apply to making gaming machines available for use.
Reg 11, Sch 2, Part 2, Para 2
3.6 Betting Tracks
BTD01 Subject to condition BTD02, no facilities for gambling shall be provided on the premises between the hours of 10pm on one day, and 7am on the next day.
Reg 17, Sch 6, Part 4, Para 1
BTD02 The prohibition in condition BTD01 does not apply on days when a sporting event is
taking place on the premises, in which case gambling transactions may take place at any time during that day.
Reg 17, Sch 6, Part 4, Para 2
3.7 Betting (Other)
BOD01 No facilities for gambling shall be provided on the premises between the hours of 10pm on one day and 7am on the next day.
Reg 15, Sch 5, Part 2
4. Model Conditions
4.1 The following model conditions can be used by the applicant of a new premises licence, provisional statement or licensee varying their application. The applicant or licensee can select the conditions that they feel will enable them to demonstrate how they will ensure that the premises will operate so as not to impact one or more of the licensing objectives.
4.2 Gambling operators are recommended during their local risk assessment process to identify control measures, such as conditions to mitigate the impact on the licensing objectives by that premises. These models conditions can been selected to address the risk of impacts identified in these assessments.
4.3 These model conditions can also be used by responsible authorities or interested parties when making representations regarding applications submitted to the Licensing Authority. The Licensing Sub-Committee when determining applications will have regard to these conditions and may choose to add one or more conditions or variations of them depending on the concerns raised during the determination process.
4.4 The model conditions are not intended to be used as blanket conditions applied to each premises licence. It may appear from the list of model conditions are repetitive, however there are subtle differences so gambling operators; responsible authorities and interested parties are advised to find the most appropriate condition to mitigate the identified risk.
4.5 The model conditions set out in this section are not an exhaustive list and new or amended versions of model conditions can be produced to meet the
specific requirements of that application.
4.6 The model conditions have been put under general topic headings to assist in identifying particular conditions that may address specific issues raised. By the side of each condition a reference to the relevant licensing objective that they relate is indicated. The codes used for the licensing objectives are:
CD - preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime.
FO - ensuring that gambling is conducted in a fair and open way.
CV - protecting children and other vulnerable persons from being harmed or exploited by gambling.
4.7 Hours
GMC1 No facilities for gambling shall
be
provided on the premises between the hours of [insert time] on one day and [insert time] on the next day.
GMC2 No facilities for gambling shall
be
provided on the premises between the hours of [insert time] and [insert time] on any
CD, FO
& CV
CD, FO
day. & CV
GMC3 The premises shall not provide gambling facilities
between the hours of [insert time] and [insert time].
GMC4 There shall
be
no admittance or
re-admittance to the premises after
[enter time].
CD, FO
& CV
CD
& CV
4.8 CCTV
GMC5 The venue shall
install and maintain a comprehensive CCTV CD
system at the premises as per the minimum requirements of the Kent Police Licensing Officer. This system should cover:
a) All entry and exit points to and from the premises enabling frontal identification of every person entering under any light conditions.
b) The areas of the premises to which the public have access (excluding toilets)
c) Gaming machines and the counter area
The CCTV system shall continually record whilst the venue is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of thirty one days with date and time visible. Recordings shall be immediately arranged by a member of staff for handover to Police or authorised officer following their request..
GMC6 A staff member from the premises who is conversant with the CD
operation of the CCTV system shall
be
on the premises at all times when the premises are open to the public. This staff member
shall be able to arrange for
Police to view recent data or footage with the absolute minimum
of
delay when requested.
GMC7 There shall
be
[insert number] external cameras which will CD
provide live images to staff in the service counter area.
GMC8 Notices indicating that CCTV is in use at the premises shall CD
be placed at or
near the entrance to the premises and within
the
premises.
GMC9 A monitor
shall
be
placed inside the premises above the front CD
door showing CCTV images of customers entering exiting the premises.
GMC10 The licensee shall:
a) provide training on the CCTV system and how to access the footage if requested to do so by the police or other authorised officers as part of the staff induction training programme or when the system is changed, and
b) periodically provide refresher training to all of its staff working at these premises on the CCTV viewing process.
Participation in this training shall be formally recorded on each member of staffs training records which, if requested
will be presented to the Police or Licensing Authority as soon as practicable.
4.9 Door
Supervision
GMC11 At least [enter number] SIA licensed door supervisors shall CD be on duty at every entrance and exit to the premises at all & times whilst it is operating under this licence. CV
GMC12 A minimum
of
[insert number] SIA licensed door
supervisors CD shall be on duty at the premises at all
times
whilst it is
open &
for business. CV
GMC13 At least [insert number] SIA licensed door
supervisors
shall CD be on duty at every public entrance and exit of the premises & at all
times whilst it is open for business. CV
GMC14 [insert number] of SIA Licensed Door Supervisors are to be CD
on duty at the premises
during the whole of permitted hours &
CV
GMC15 No patrons shall be admitted or
re-admitted to the premises CD after [enter time] unless
they
have passed through a metal &
detecting search arch and, if the search arch is activated or CV
at
the discretion of staff, then physically searched, which will
include a 'pat down search' and a full bag search.
GMC16 All persons entering or
re-entering the premises
shall be CD
searched by an SIA trained member
of
staff and monitored &
by
the premises
CCTV system. CV
GMC17 All staff engaged outside the entrance to the premises, or CD
supervising or controlling queues, shall wear high visibility &
yellow jackets or vests. CV
GMC18 The licence holder shall
ensure that the outside areas
of
the CD premises are monitored so as to ensure there is no crime, &
disorder, public nuisance or
obstruction of the public CV
highway.
4.10 Children and
Young People
GMC19 The Licensee shall maintain a bound and paginated CV
‘Challenge [21/25 delete as appropriate] Refusals’ register
at the premises. The register shall be produced to the police or licensing authority forthwith on request.
GMC20 Prominent signage and notices
advertising the Challenge CV
[21/25 delete as appropriate] will be displayed showing the
operation of such policy
GMC21 Third party testing on age restricted sales systems
shall
be CV
carried out on the premises a minimum of [insert frequency]
a year.
GMC22 Third party testing on age restricted sales systems CV
purchasing shall take at least [insert frequency] a year and the results shall be provided to the Licensing Authority upon request.
GMC23 The licensee shall not allow their logos
or other
promotional CV
material to appear on any commercial merchandising which is designed for use by children.
GMC24 All tills shall automatically prompt staff to ask for age CV
verification identification when placing a bet.
GMC25 A Challenge [21/25 delete as
appropriate] proof of age CV scheme shall be operated at the premises where the only
acceptable forms of identification are recognised
photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
GMC26 The licensee will
ensure, through regular checks
and CV
intervention, that customer’s
children are not left
unsupervised outside the premises
GMC27 The licensee will
ensure, though regular
checks and CV
intervention that children will not congregate outside the premises.
4.11 Documents Provided to the Licensing Authority
GMC28 The licensee shall provide the Licensing Authority with their compliance/operating manual which sets out all of the premises policies to meet the regulatory requirements under the Gambling Act 2005 and shall provide a copy of any update or revision as soon as practicable following the implementation of that change.
CD, FO
& CV
4.12 Entrances and
Doors
GMC29 |
|
A magnetic locking device, commonly referred to as a Maglock will be installed and maintained on the main entrance/exit to the premises which will be operable from the ground floor cashier counter by staff. |
|
CD & CV |
|
|
|
GMC30 An Infra-Red Beam connected to a sounder will be installed CD
an
maintained at the entrance of the premises so as to &
notify staff when a customer enters or
exits
the
premises. CV
4.13 Staffing
Levels
GMC31 There shall be no pre-planned single staffing at any time. CD
& CV
GMC32A There shall be no pre-planned single staffing after 20:00. CD Should the premises be single staffed after
this time the &
magnetic door
locking system must be in constant use. CV
GMC32B No pre-planned single staffing after 8pm and, when this is CD unavoidable, a Maglock shall be in constant use on the & entrance/exit door. CV
GMC33 There will
be
a minimum of [enter number] staff will
be CD
present at all times when the premises is open. &
CV
GMC34 There will
be
a minimum of two members
of
staff after CD
10pm. &
CV
GMC35 A minimum of two members of staff will be on duty for the CD duration of the period in which licensable activities are & taking place on the premises. CV
4.14 Cashier Counters and Safe Havens
GMC36 The licensee shall maintain a full height polycarbonate or CD
11.5mm minimum thickness laminated glass security screen counter on the ground floor of the premises.
GMC37 A full-height security screen shall
be
installed at the CD
cashiers counter.
GMC38 Full height security bars
which are spaced at adequate CD intervals to prevent a person from reaching through will
be installed at the cashiers counter
GMC39 The licensee shall install
a Safe Haven [add location of safe CD
haven] which includes a secure door
with peephole, CCTV
Monitor, Telephone, Safe Guard system, maglock
control
button and any other systems deemed appropriate by the licensee.
4.15 Identification of Offenders or Problem Persons
GMC40 The licensee shall provide Spit Kits within the premises and CD
provide staff training on the use of these kits.
GMC41 If at any time (whether before or after the opening of the CD
premises), the police or licensing authority supply to the premises names and/or photographs of individuals which it wishes to be banned from the premises, the licensee shall use all reasonable endeavours to implement the ban through staff training.
GMC42 The Licensee shall implement a policy of banning any CD
customers who engage in crime or disorder within or outside the premises.
GMC43 The licensee will
refuse entry to customers
who appear to be under the influence of alcohol or drugs.
4.16 Seating
GMC44A The licensee shall ensure that all seating within the CD
premises are either secured to the floor
or are weighted to
prevent lifting
GMC44B The licensee shall ensure that all gaming machine seating CD
within the premises are weighted to prevent lifting
4.17 Alarms (Premises and
Personal)
GMC45A Each member of staff will be provided and required to carry CD
on their person a personal fob alarm which will activate the alarm if pressed by the member of staff or that staff member is lying horizontal for a pre-determined period of time.
GMC45B Lone working staff will be provided and required to carry on CD
their person a personal fob alarm which will activate the alarm if pressed by the member of staff or that staff member is lying horizontal for a pre-determined period of time.
GMC46 The licensee shall install
and
maintain an intruder
alarm
on CD
the premises.
GMC47 The premises
shall
install and maintain a panic button CD
behind the cashiers counter.
GMC48 The premises
shall
install and maintain a panic button CD
behind the cashiers counter that will alert the premises security once pressed.
GMC49 An attack alarm shall be installed and maintained behind CD
the cashier counter which would alert [operator name] Security and the police.
GMC50 An attack alarm shall be installed and maintained behind CD
the cashier counter which would alert the police.
4.18 Toilets
GMC51 A Maglock device will be installed and maintained on the CD customer toilet door which will be operated by a member of & staff from the cashiers counter. CV
GMC52 The Licensee shall install
and
maintain an ultraviolet lighting CD
system in the customer toilet. &
CV
GMC53 The licensee will
ensure that customer
toilets are checked CD
[insert time interval] for evidence of drug taking. &
CV
4.19 Restrictions on Food and Beverages
GMC54 Only refreshments purchased or supplied on the premises CV
may be consumed on the premises
GMC55 The hot refreshment vending machine and refreshment CV
facilities shall be provided for customers and staff use only.
4.20 Signage, Promotional Material and Notices
GMC56 The licensee shall place and maintain a sign at the entrance CD of the premises stating that access to the premises will be & excluded to the following people: CV
a) Anyone who is under the age of 18,
b) Anyone who appears to be under the age of 21 and is unable to provide proof of age that they are over the age of 18,
c) Only refreshments purchased or supplied on the premises may be consumed on the premises,*
d) Anyone who is barred from the premises, and
e) Anyone who has alcohol on their person or appears to be under the influence of alcohol or substances.
* Only to be added if model condition GMC54 is proposed.
GMC57 The Licensee shall place and maintain a sign at the CV
entrance which states that ‘only refreshments purchased on the premises may be consumed on the premises’.
Only to be added if model condition GMC54 is proposed.
GMC58 All notices regarding gambling advice or support information FO
must be translated into both simplified and traditional &
Chinese. CV
GMC59 All public
signage/documentation relating to age restrictions, FO
gambling advice and gambling support information (e.g. &
GamCare or similar support service) is displayed or CV
provided on the premises in written English and Chinese (Simplified and Traditional).
GMC60 All public
signage/documentation relating to age restrictions, FO
gambling advice and gambling support information (e.g. &
GamCare or similar support service) is displayed or CV
provided on the premises in written English and [insert
language relevant to the local population].
GMC61 Prominent GamCare documentation will be displayed at the FO
premises. & CV
GMC62 The licensee shall ensure that no ethnicity specific gambling CV
promotion is provided or advertised on the premises which is designed and/or intended to entice participation in gambling by the local community.
GMC63 The licensee shall ensure that no gambling promotion is CV
provided or advertised on the premises which is designed and/or intended to entice participation in gambling by the local [insert ethnicity] community.
4.21 Enticement
Promotions
GMC64 The licensee shall not offer any enticement promotions, FO such as happy hours during which gaming machines stakes & are reduced. CV
4.22 Staff
Training
GMC65 The licensee shall:
a) provide training on the specific local risks to the licensing objectives that have been identified for these premises as part of the staff induction training programme.
CD, FO
& CV
b) periodically provide refresher training to all of its staff working at these premises on the specific local risks to the licensing objectives.
Participation in this training shall be formally recorded on each member of staffs training records which, if requested will be presented to the Licensing Authority as soon as practicable.
GMC66 a) The Licensee shall train staff on specific
issues related to the local area and shall
conduct periodic refresher
training.
b)
Participation in this training shall
be
formally recorded and the records produced to the police or licensing
authority upon request.
CD, FO
& CV
GMC67 New and seasonal staff must attend induction training and
receive refresher
training every six months.
CD, FO
& CV
4.23 Recording of Incidents and Visits
GMC68 An incident log shall be kept for the premises and made CD
available on request to an authorised officer of the Borough
Council or the Police which will record the following;
a) All crimes reported to the venue;
b) Any complaints received regarding crime and disorder;
c) Any incidents of disorder;
d) Any faults in the CCTV system; and
e) Any visit by a relevant authority or emergency service.
4.24 Customer Bags and Belongings
GMC69 Customer shall not be permitted to leave bags or other CV
belongings at the premises.
4.25 Homeless and
Street Drinking
GMC70 The licensee will contact the local homeless hostels/shelters CV
and offer to provide information on problem gambling support services and how their residents can self-exclude from [operator name] premises.
GMC71 The Licensee shall take all
reasonable steps to prevent CD street drinking of alcohol
directly outside the premises and &
to ban from
the
premises those who do so. CV
GMC72 The Licensee shall place a notice visible from
the
exterior
of CD the premises stating that customers
drinking alcohol outside &
the
premises is not permitted and those who do so will be CV
banned from the premises.
4.26 Police Reporting Protocols and Crime Prevention
GMC73 The Licensee shall develop and agree a protocol with the CD
police as to incident reporting, including the type and level
of incident and mode of communication, so as to enable the police
to monitor any issues
arising at or in relation to the premises.
GMC74 Prior to opening the Licensee shall meet with the Crime CD
Prevention Officer in order to discuss any additional measures to reduce crime and disorder.
4.27 ATMs
GMC75 There shall be no cash point or ATM facilities on the CD
premises. &
CV
GMC76 The ATM shall be located so that the staff behind the CD
cashiers
desk
has
direct line of sight to the machine and &
customers using it. CV
GMC77 Signage shall be placed on or immediately next to the ATM CD
to warn customers to cover the keypad when entering their
PIN number
4.28 Gaming Machines and
Self Service Betting
Terminals (SSBTs)
GMC78 Gaming machines shall be sited in the locations specified CD
on the premises plans &
CV
GMC79 Gaming machines shall
be
sighted so that the cashiers from CD all
counter positions have direct line of sight of the &
machines and the customers using them. CV
GMC80A Gaming machines shall not be emptied whilst customers CD
are present on the premises and the doors are unlocked.
GMC80B Self Service Betting Terminals
shall
not
be emptied whilst CD customers are present on the premises and the doors
are
unlocked.
GMC80C Gaming Machines and Self Service Betting Terminals
shall CD
not be emptied whilst customers are present on the premises and the doors are unlocked.
GMC81A Gaming Machines
shall not be emptied when there is only CD
one member of staff on the premises.
GMC81B Self Service Betting Terminals
shall
not
be emptied when CD
there is only one member
of
staff on the premises.
GMC81C Gaming Machines and Self Service Betting Terminals
shall
not
be emptied when there is
only one member
of
staff on
the premises.
GMC82 The number of Self Service Betting Terminals (SSBT’s) CV
permitted on the premises is [insert number]
GMC83 The over 18 area containing the category C gaming CV
machines will be enclosed with a floor to ceiling partition wall with one point for egress and ingress.
GMC84 Privacy screening, known as a ‘gaming machine pod’ shall CD not enclose the customer to such a degree that would & restrict the customer’s peripheral vision of the premises CV when playing the machine in either a standing or sitting
position and prevent a member of staff from observing that person.
GMC85 No other gambling facilities shall
be
provided in a gaming CV
machine enclosure so as to allow a customer the ability to play the machine and participate in other forms of gambling.
4.29 Multiple Storey Venues
GMC86 Access to the [floor number] floor of the premises will be CD controlled by members of staff and a door which can only be operated by members of staff will be positioned at the
bottom of the stairs thereby restricting access to only those with staff approval.
GMC87 A minimum
of
one member of staff shall
be
present at all CD times when the [floor number] floor is being used by &
customers. CV
GMC88 The licensee shall install
and
maintain an internal CD
intercom/phone system to enable staff to communicate with &
one
another on all floors
of
the premises. CV
GMC89 The licensee shall install
monitors within the staff cashier CD
counter areas on all floors that will
display live CCTV &
footage from inside and outside the premises. CV
GMC90 An attack alarm shall be installed and maintained behind the CD
ground and first floor cashier counters which would alert
[operator
name] Security and the police.
GMC91 A magnetic locking (Maglock) device will
be
installed and CD maintained on the customer toilet door on the [floor
number] &
floor which will
be
operated by a member of staff from the CV
cashiers counter on the [floor number] floor.
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Licensing Team
Maidstone Borough Council
Maidstone House
King Street
Maidstone
Kent
ME15 6JQ
Tel: 01622 602028
Email: licensing@maidstone. gov.uk