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Gaming Machines in Alcohol Premises

The Gambling Act 2005 provides for two different methods of permitting gaming machines to be made available for use in premises where alcohol is sold by retail. 

Both methods require that the premises be licensed for the sale by retail and consumption of alcohol on the premises and that the sale must take place from a bar. 

Gaming machines are not allowed under this provision in guest houses or restaurants without a bar.  The determining factor as to the type of method of permitting gaming machines to be made available is the number of machines required:

Two Machines or Less  

If it is proposed that two machines or less of category C or D are to be made available for use then the premises licence holder under the Licensing Act 2003 must give notice to the licensing authority.  A fee is required.

The notification is not transferable and so when the premises licence is transferred a new gaming machine notification must be submitted to the licensing authority together with the required fee.

It is a requirement that the premises licence holder does not allow any person under the age of 18 years to use a category C machine.

The licensing authority may withdraw the automatic entitlement top two machines if:

• the application of the exemption is not reasonably consistent with the pursuit of the licensing objectives
• the premises are mainly used or to be used for gaming
• an offence under the Gambling Act 2005 has been committed on the premises 

The licensing authority must:

• give 21 days notice of the intention to make such an order
• consider any representations made by the premises licence holder
• hold a hearing if requested to do so by the premises licence holder
• complied with the prescribed procedure in making such an order

Where such an order is made there is a right of appeal to the magistrates.

Three or More Gaming Machines

Should a premises licence holder wish to make more than two gaming machines of category C or D available for use he may apply for a permit to do so.  Application must be on the specified form and accompanied by the appropriate fee.

If granted such a permit may be transferred on transfer of the premises licence.  An annual fee must be paid.

The licensing authority may refuse an application or grant for a lesser number of machines if they consider the licensing objectives and any relevant guidance are not being adhered to.

A permit may not be refused or partially refused unless the applicant has been given the opportunity of making oral and/or written representations to the Licensing Sub-Committee

A permit may be terminated for the same reasons as the withdrawal of the automatic entitlement to two machines.

Contact the Licensing Section

Telephone: 01304 872295
E-mail: licensing@dover.gov.uk