The Gambling Act 2005

Under the Gambling Act 2005 (“the Act”) the regulation of all betting operations will, from September 2007, come under the control of the Gambling Commission.

The Act will replace most of the existing gambling law. People wishing to provide facilities for betting, gaming or participation in a lottery will require a licence. There are three categories of licence and your business may require all three. The categories are:

• Operating Licences: required, for example, if providing facilities for gambling;
• Personal Licences: required for certain individuals who perform specified management functions or functions that enable them to influence the outcome of gambling; and
• Premises Licences: required if operating from fixed premises.

In addition gambling activities must meet the following core licensing objectives:

• Preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime;
• Ensuring that gambling is conducted in a fair and open way; and
• Protecting children and other vulnerable persons from being harmed or exploited by gambling.

From September 2007 all operators must be licensed by the Gambling Commission and they can apply for a licence from 2 January 2007. Existing operators needed to apply to the Gambling Commission before 27 April 2007 to ensure they got continuation rights. If you hold an existing licence and have not applied to the Gambling Commission you should seek legal advice immediately.