APPENDIX C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mandatory, Default and Maidstone Borough Councils 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 ATMs 32

 

4.28 Gaming Machines and SSBTs 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 Councils 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 Councils 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 operators 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 operators 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 operators 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 operators 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