Temporary Use Notices
A person holding the appropriate operating licence issued by the
Gambling
Commission can serve a notice on the Licensing Authority
regarding the temporary use of a premises for the use for gambling
without the necessary operator's licence.
The use of temporary use notices has been
restricted so that their use is restricted to providing facilities
for equal chance gaming where those participating in the gaming are
taking part in a competition, which is intended to produce a single
overall winner. This gaming cannot be by way of a gaming
machine
In effect this limitation restricts the use of
temporary use notices to games such as poker where a series of
games may be played in order to produce a single winner when the
gaming ceases. The linking of a number of different premises
into a single gaming session is not permitted.
The notice must be in the prescribed form and set out details
of:
- (a) the activity to be carried out;
- (b) the premises where they will be carried out;
- (c) the period of time during which the notice is to have
effect;
- (d) the times of day during which the activity is to be carried
on;
- (e) any periods during the previous 12 months during which a
temporary use notice has had effect in respect of the
premises.
A temporary use notice must be given at least 3 months before
the first day specified in the notice for the use of the
premises. A fee of £500 is payable to the licensing authority
on the date that the notice is given.
In addition the person giving a notice must be serve a copy
on:
If premises are situated within two licensing authorities the
notice must be served on both authorities.
As soon as practicable after receiving the notice the Licensing
Authority must send a written notice to the person who gave the
notice.
A set of premises may not be used for gambling under a Temporary
Use Notice for more than 21 days in any rolling 12 month period.
This may consist of more than one temporary use notice provided the
total number of days does not exceed 21 days.
If a Temporary Use Notice is served on the Licensing Authority,
and its effect would be that the premises will be used for more
than 21 days in the previous 12 month period, the Licensing
Authority must serve a counter notice.
The previous 12 months means a period of 12 months ending on the
last day of the period specified in the Temporary Use Notice.
Any person served with a Temporary Use Notice can within 21 days
of receipt by the Licensing Authority object by giving notice to
the Licensing Authority (This includes the Licensing Authority’s
Licensing Officers). If a notice is served a hearing must be held
within two months from the date of receipt.
Where a hearing is held the Licensing Authority may decide to
serve a counter notice and may provide for the Temporary Use
Notice:
- (a) not to have effect;
- (b) to have effect only in respect of a specified
activity;
- (c) to have effect only in respect of activity carried on
during a specified period of time or at a specified time of
day;
- (d) to have effect subject to compliance with a specified
condition.
The decision of the Licensing Sub-Committee may be subject to an
appeal to the Magistrates Court by any persons who are party to the
hearing.
If no objection to a Temporary Use Notice is received the
Licensing Authority must endorse a copy of the notice and return it
within 21 days.
The Temporary Use Notice must be displayed on the premises
whilst the specified activity is being undertaken and produced on
request to a:
- Constable
- Gambling Inspector
- Authorised Local Authority Officer.
Contact the Licensing Section
Telephone: 01304 872295
E-mail: licensing@dover.gov.uk
Post:
Licensing Section
Dover District Council
White Cliffs Business Park
Dover
Kent CT16 3PJ
