Do I need a betting shop licence?
In order to provide a facility for betting you must have the appropriate permission under the terms of the Gambling Act 2005.
The following permissions are available:
Premises licence - for betting shops, trading rooms and tracks
Occasional use notice - for use on tracks for short periods of betting, at events that are temporary or infrequent. These notices can only be used for 8 consecutive days or less in a calendar year.
Temporary use notice - for use to permit premises on a temporary basis to offer facilities for gambling. The notices can only be applied for by a person already holding an operator licence issued by the Gambling Commission.
Remote betting - Click here for The Gambling Commission website provide useful information and are a contact if you want to provide remote betting.
Fundraising - If you want to raise funds for a charity (for example, a charity race night) you can provide betting facilities without a licence as long as it meets the criteria set out in the Gambling Act 2005. Depending on what you are intending to do you may require a small lotteries registration. Click here for a link to the Gambling Commission for details of fundraising and promotions.
How do I apply for a betting shop licence?
The applicant will need to apply for an Operating licence from the Gambling Commission before they can apply. Depending on the size of the business they may also need to apply for a personal licence. Click here for further information on these.
You can submit an application to the Licensing team for either a premises licence or provisional statement.
Provisional Statement application - should be made if the premises still needs to be built, requires major alterations or the applicant does not yet have the right to occupy it. A provisional statement is not the same as a premises licence but will offer a degree of certainty to the applicant when they come to apply for a premises licence.
Premises licence application - should be made if the applicant has the right to occupy the premises, and has a valid operating licence from the Gambling Commission which allows them to run an arcade as a business.
Before you apply for either of these licences please read the Council's policy click here.
To apply for a premises licence or provisional statement you must complete the application form and submit to the licensing team: email@example.com or Licensing Section, Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT
The following documents will also need to be submitted with the application:
- an appropriate plan of the premises (click here for plan requirements)
- a copy of the operating licence
Applicant's must give notice of their application to all of the Responsible Authorities click here for the list
Click on the following documents you will require as part of the application
The applicant must also advertise the application once in a local newspaper or newsletter within 10 working days of submitting the application to the licensing team and by posting a notice in a convenient place outside the premises for a period of 28 days. click here for a copy of the notice
Representations may be made against the application, in order to be considered valid objections must be based on one of the three licensing objectives, these are:
- 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
- Protecting children and other vulnerable persons from being harmed or exploited by gambling
If a relevant objection is received to an application a sub-committee will be arranged to determine the application. The licensing sub-committee will be made up of three councillors. The applicant will be notified, not more than 10 working days before the date of the hearing and sent a report with copies of the representations that have been received against the application. Guidance will be given on the format of the hearing. The sub-committee may make the following outcomes as a result of the hearing:
- grant the licence/provisional statement as per the application
- grant the licence/provisional statement subject to additional conditions (this could include a reduction to the hours applied for)
- refuse the application
If the applicant is unhappy with the decision made by the sub-committee they have a right of appeal in the magistrates' court. Information on how to appeal with be included in the decision letter.
Grant of the licence/provisional statement
When the licence is granted the applicant will be sent the licence and the summary licence in the post. The summary licence must go on display in a prominent position at the premises.
Applicants who have applied for a provisional statement will be notified in writing of the outcome of their application. A grant application for a premises licence must be submitted once they have the right to occupy the premises or the building has been completed. The licensing authority will not accept any representations to the application unless they address matters that could not have been addressed in the application for a provisional statement or they reflect a change in the applicant's circumstances.
Annual Fee's and Lapse of Licence
The premises licence holder must pay the first annual fee within 30 days of the grant of the licence. Then an annual fee on or before the anniversary of the grant date each year. If the annual fee is not paid the licence will lapse.
The licence will also laps if any of the following circumstances occur:
- annual fee not paid
- the holder is not occupying the premises
- the holder of the licence is an individual and they die
- the holder of the licence is an individual that becomes mentally or physically incapacitated.
- the licence holder becomes bankrupt or goes into liquidation
- notice of surrender of the licence is served to the licensing authority
- forfeiting by a court
It is the responsibility of the premises licence holder to ensure that the licence is run in line with the Gambling Act 2005 Regulations.
There are a set of mandatory and default conditions that will apply to your premises, these are set out in the Gambling Act 2005 (Mandatory and Default Conditions) (England and Wales) Regulations 2007. These regulations provide for various conditions to be attached to premises licences.
Mandatory conditions are those attached to premises licences under Section 167. They will be attached to all specified types of premises licence, and can only be amended or excluded by further regulations made by the Secretary of State.
Default conditions are those attached to premises licenses under section 168. They will be attached to all specified types of premises licence, unless the Licensing Authority excludes them.
The Gambling Commission has stated relevant access provisions for each premises type.
- Access must be from a street or from other premises with a betting premises licence
- No customer must be able to enter a betting shop from any other premises used for the retail sale of merchandise or services. It is not acceptable t have a betting shop at the back of a cafe, the whole area would have to be licensed.
How to apply for a Temporary use notice?
A temporary use notice (TUN) can allow a licensed gambling operator (must be a holder of a relevant operator's licence with the Gambling Authority) to provide infrequent gambling activities at a premises without needing a premises licence. Premises that may be suitable for a TUN include hotels, conference centres and sporting venues.
In accordance with the regulations issued by the Secretary of State, the only type of gambling activity that can be provided under a temporary use notice is equal chance gaming, arranged in the form of a tournament with a single overall winner. No other type of gambling act activity may be provided under a TUN, including the provision of gaming machines.
Applications must be submitted a minimum of 3 months prior to the before the event. To apply the applicant must complete the application, and submit 2 copies to the licensing team along with the fee.
Further copies of the completed form but also be sent, within 7 days to the Gambling Commission, North Yorkshire Police and HM Revenue and Customs (addresses can be found above on the Responsible Authority list)
Objections to the TUN
If we receive any objections from a Responsible Authority, or we are not happy with the proposal, a hearing will be held (no later than six weeks before the proposed start of the event) to consider the notice. If the objection is upheld, a counter-notice will be issued to cancel the notice, and the event would not be able to take place.
If no objections are received, or if the objections are dismissed, the notice will be approved and an endorsed copy will be returned to the applicant. The endorsed notice must be prominently displayed at the premises during the event.
How do I vary my betting shop licence?
The holder of a premises licence can apply to the local authority to vary a licence by:
- adding, amending or removing an authorised activity
- amend another detail of the licence
- excluding a default condition
- adding, amending or removing a discretionary condition
A premises licence cannot be varied to relate to premises that it did not previously relate to
To vary the premises licence the application must be submitted to the licensing team along with a plan of the premises if applicable and a fee.
The applicant must also give notice of their application to vary a premises licence to the following authorities: Gambling Commission, HMRC, Fire and Rescue, Environmental Health Department, Local Licensing Authority child protection service. Click here for the Responsible Authority list.
Advertising to vary a premises licence
The applicant must also have to advertise in a local newspaper or newsletter within 10 working days of submitting the application to the licensing team and by posting a notice in a convenient place outside the premises for a period of 28 days.
Representations to the varying of the premises licence
Representations may be made against the application, in order to be considered valid, objections must be based on one of the three licensing objectives These are:
- 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
- protecting children and other vulnerable persons from being harmed or exploited by gambling
If a relevant objection is received to an application a sub-committee will be arranged to determine the application. The licensing sub-committee will be made up of 3 councillors. The applicant will be notified not more than 10 working days before the date of the hearing and sent a report with copies of the representations that have been received against the application. Guidance will also be given on the format of the hearing. The sub-committee may make the following outcomes as a result of the hearing:
- grant the licence as per the variation application
- grant the variation application subject to additional conditions (this could include a reduction to the hours applied for)
- refuse the application
If the applicant is unhappy with the decision made by the sub-committee they have a right of appeal to the magistrates' court. Information on how to appeal will be included in the decision letter to the applicant.
When the licence is granted the applicant will be sent an amended licence and summary licence in the post. The summary must go on display in a prominent position on the premises.
Can I transfer a betting shop licence?
When control of an existing gambling premises is to change to a different operator, it is necessary to apply to the licensing authority for a transfer the licence. The new operator is still required to hold a relevant operator and personal licence with the Gambling Commission before applying for the transfer. You can contact the Gambling Commission by telephoning: 0121 230 6666
The application should include:
- the transfer application click here to download the application
- the existing premises licence
- written consent to the transfer from the existing licence holder - click here to download
- the appropriate application fee
**If it is not possible to provide the existing premises licence with your application, a statement as to why this is the case should be provided, along with an application for a duplicate copy of the licence.
The completed application and all the accompanying documents should be sent to; Licensing Team, Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT. Applications can be emailed to: firstname.lastname@example.org but the original licence should be posted to the above address.
The applicant must give notice of the transfer to application to the following Responsible Authorities: Gambling Commission, HMRC, North Yorkshire Safeguarding Children's Board, North Yorkshire Police. Click here for the Responsible Authority list
The notice must be done on one of the prescribed form, as below. Form A is used if an individual of a company is making application. Form B should be used if more than one individual or company is making the application.
Representations from any of the Responsible Authorities will be accepted during the 28 days starting from when your application has been made. If valid representations are received then the licensing sub-committee will be organised to determine the application.
How do I renew my betting shop licence?
The premises must pay an annual fee on or before 30 days after the grant date and then annually on the anniversary of the grant date. If the annual fee is not paid the licence will automatically lapse.
The licence will not lapse if any of the following circumstances occur:
- the annual fee is not paid
- the owner is not occupying the premises
- the holder of the licence is an individual and they die
- the holder of the licence is an individual that becomes mentally or physically incapacitated
- the holder becomes bankrupt
- the holder goes into liquidation
- notice of surrender of the licence is served on the licensing authority
- forfeiture by a court
How do I apply to reinstate my betting shop licence?
When a premises licence lapses because the licence holder dies, becomes incapable of carrying on licensable activities due to mental of physical incapacity, becomes bankrupt, or in the case of an organisation, ceases to exist or goes into administration, an application can be made to the licensing team to reinstate the licence
The application must be submitted no later than 6 months after the date that the licence has lapsed. The applicant must have the legal right to occupy the premises and have applied for the appropriate operating and personal licence from the Gambling Commission.
If 6 months have passed then a new application for a premises licence must be made.
The application form to reinstate the licence must be submitted to the licensing team along with the fee and the original licence or a statement explaining why it has not been possible to return the licence and an application for a replacement licence.
The applicant must give notice of the reinstatement application within 7 days to the following Responsible Authorities (see above for details) The Gambling Commission, HMRC, North Yorkshire Safeguarding Children's Board,
The notice must be on the prescribed form. Form A should be used in and individual or a company is making the application. From B should be used if more than one individual or company is making the application.
Representations from any of the Responsible Authorities will be accepted during the period of 28 days starting from when the application has been made. If valid representations are received then a licensing sub-committee will be organised to determine the application.
What do I do if my licence is lost or stolen?
If your permit or licence has been lost or damaged you can contact the licensing team with a statement of the reason and pay £25.00 for a replacement. Payments can be made by calling 01757 705101 and you can contact the licensing team by email click here
How do I surrender my betting shop licence?
To surrender your betting shop licence, you will need to return the licence and the licence summary, or a letter detailing why these documents cannot be returned to the following address:
Licensing Team, Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT
Who regulates the Gambling Act 2005?
The Gambling Commission regulates commercial gambling in Great Britain, other than spread betting or the National Lottery. It issues personal and operating licences.
The Council is the Local Authority and is responsible for the rest of the types of licence and permit:
Premises licences -Casino, Bingo, Betting premises, Tracks, Adult Gaming Centres (AGC), Family Entertainment Centres (FEC)
Permits - Unlicensed Family Entertainment Centres, Club Gaming Permits and Club Machine Permits, Alcohol Licensed Machine Permits, Prize Gaming
Local Authority also administer - Temporary Use Notices, Occasional Use Notices and Small Society Lottery Registrations.
How do I know if a gambling activity is authorised?
The Licensing team keeps a register of all the licences and permits that have been issued for Selby District Council. Please contact licencing for further information by clicking here
Click here for a list of offences under the Gambling Act 2005
An application can be made for a review of a premises licence by any of the Responsible Authorities or an interested party. The Licensing Authority may also carry out a review of a premises on its own initiative.
The Licensing Authority will decide if a review will be carried out, this decision will be made on the basis of whether the request for the review is relevant to the following:
- the code of practice
- the guidance issued by the Gambling Authority
- the licensing objectives
- the statement of licensing policy
Requests for reviews will not be considered where:
the request is frivolous or vexatious
it will not cause the authority to consider altering, revoking or suspending the licence
it is substantially the same as previous representations or requests for a review
The application for a review must be made using the application form and specify the grounds for which the review is sought. Notice of the application must be served by the applicant on the licence holder and each of the Responsible Authorities. The local authority must also publish notice of the application. A Responsible Authority or interested party will have 28 days to make representations about the application.
Click here for the Responsible Authority list
Where the application for a review is successful, a licensing sub-committee will be organised and all interested parties will be invited. As a result of the review the sub-committee can make the following decisions:
- revoke the licence
- suspend the licence for a period not exceeding three months
- exclude a default condition attached to the licence or amend an exclusion
- add, remove or amend a discretionary condition attached to a licence
On completion of the review the licensing authority must give notice of the decision and the reason for the decision to all interested parties.
The holder of the premises licence has the right to appeal the decision of a review to the magistrate's court.
What happens if I do not apply for a betting shop licence?
It is an offence under the Gambling Act 2005 to operate gambling premises without the correct licence or permit in force. The Licensing Authority, may prosecute you if you operate unlawfully in accordance with our Gambling Act 2005 policy.