APPENDIX C

Mandatory, Default and Maidstone Borough Council’s Pool of Model Conditions for Gambling Premises Licences

Gambling Act 2005

September 2016

This page has been left blank intentionally

Contents

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.