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     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 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


 

 


BTM0 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 anexisting betting areaare 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 tosmall-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, totalisatormeans 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)


 

 

 

 


BOM0 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


 

 


BOM0 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.

 

 


BOM0 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)


 

 


AGM0 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

Web: www.maidstone.gov.uk