Bingo

When do I need a licence for Bingo?

Bingo is deemed to be 'equal chance gaming'. This is defined as gaming were:

  • it does not involve playing or staking against a bank 
  • the chances are equally favourable to all players

It doesn't matter how the bank is described or whether the bank is controlled or administered by a player. In order to provide bingo as a commercial venture, a bingo operating licence is required from the Gambling Commission and a premises licence is required from the licensing authority.

Conditions may be attached:  

  • limited amounts that may be staked 
  • limited the amount that may be charged 
  • limited the amount or value of a prize or class of prize 
  • requiring that at least a specified proportion of stakes be paid out by way of prizes 
  • imposing requirements that are specific to games of bingo played on more than one set of premises

Bingo may be played in -

Commercial Bingo clubs where there should be no statutory limits on:

  • stakes and prizes 
  • frequency of multiple bingo games

The Gambling Commission should approve any new games. 

Rollovers would be permitted 

Casino's - This had 'not' been permitted under previous legislation 

Clubs and Pubs

  • no authorisation is needed under the Gambling Act 2005 unless the bingo offered is "high turnover bingo"
  • high turnover bingo is defined as bingo where the total stakes and prizes in any 7 day period exceeds £2000
  • the "high turnover period" expires 12 months after the first day of the 7 day period that triggered the period to begin
  •  any subsequent high turnover period does not result in a new 12 month period beginning 

Gaming machines in Bingo premises 

Where the operator holds a operating licence and a premises licence for the provision of bingo (commercial clubs and casinos) a maximum of 8 gaming machines of category B3 or B4 may be made available for use. An unlimited number of category C and D machines may be made available for use.

How do I apply for a premises licence 

The applicant will need to apply for an operating licence from the Gambling Commission.

Depending on the size of your business you may also need to apply for a personal licence from the Gambling Commission.

You can submit an application to the licensing team for a provisional statement or premises licence.

An application for a provisional statement should be made if the premises is not yet built, need major alterations or the applicant does not yet have the right to occupy.  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. 

A 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 that allows them to run an arcade as a business.

Before applying for a premises licence click here to read Selby's statement of licensing policy.

To apply for a premises licence or provisional statement you must complete the application and submit it to the licensing team along with the required fee. Click here for a list of fees

Click here to download the premises licence application 

Click here to download the provisional statement application

The following documents also need to be submitted with the application: 

  • plan of the premises

Conditions

Mandatory conditions- these are attached to certain classes of premises licences automatically and the council has no discretion to change, exclude or substitute these.

Default conditions - these are conditions that will be attached to a premises licence automatically unless the applicant states on the application that they wish to exclude or alter a default condition. 

Applications can be sent to the licensing email: licensing@selby.gov.uk or by post to : Licensing Team, Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT

The applicant must also give notice of their application for a premises licence to the following authorities: Gambling Commission, HMRC, Police Chief, Fire and Rescue, Environmental Health Department, Local Licensing Authority, Child protection service.

Click here to download the form of notice for a premises licence form A

Click here to download the form of notice for a premises licence  form B

Click here to download the form of notice for a provisional statement form A

Click here to download the form of notice for a provisional statement form B

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 to download the public notice/newspaper notice

Representations may be made against the application in order to be considered valid objections must be based on one of the 3 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 an 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 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 the right to appeal to the magistrates court. Information on how to appeal will be included in the decision letter.

When the licence is granted the applicant will be sent the licence and summary in the post.  The summary must go on display in a prominent position on the premises.

The premises licence holder must pay the first annual fee within 30 days of the grant of the licence and then an annual fee on or before the anniversary of the grant date each year.  If an annual fee is not paid the licence will lapse.

The licence will also lapse if any of the following circumstances occur:

  • the annual fee is 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 holder becomes bankrupt
  • the holder goes into liquidation
  • notice of the surrender of the licence is served on the licensing authority
  • forfeiture 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.

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. 

How do I pay for a bingo premises licence?

You can submit a cheque payable to 'Selby District Council' with your completed application form and supporting documentation, alternatively you can pay by debit or credit card on 01757 705101

You can also visit Access Selby where you can submit your application and payment together.

What other permissions may I need?

If applying for a bingo premises licence you will also need to contact the planning department to do this please call 01757 705101.

How do I vary my bingo premises 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
  • amending another detail of the licence
  • excluding a default condition
  • adding, amending or removing a discretionary condition 

The premises licence cannot be varied to relate to a premises that it did not previously relate to.

Click here to download the application to vary a gambling premises 

To vary the licence the application must be submitted to the licensing team along with a plan of the premises, if applicable and the fee.

The applicant must also give notice of their application to the following authorities: Gambling Commission, HMRC, Police Chief, Fire and Rescue, Environmental Health Department, Local Licensing Authority, Child Protection Service 

Click here to download the notice of varying a premise licence application form A

Click here to download the notice of varying a premises licence application form B

Click here for the Responsible Authority list 

Representations may be made against the application in order to be considered valid objections must be based on one of the 3 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 an 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 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 the right of appeal to the magistrates court.  Information on how to appeal will be included in the decision letter.

When the licence is granted the applicant will be sent an amended licence and summary licence in the post.  The summary licence must go on display in a prominent position on the premises.

How do I transfer a bingo licence?

When the control of an existing licensed gambling premises is to change to a different operator, it is necessary to apply to the licensing authority to transfer the licence.

Please note that permits cannot be transferred

 Before a transfer application can be made an application for the relevant operator's licence and personal licences must be made to the Gambling Commission.  A premises licence cannot be issued before the appropriate licences have been granted by the Gambling Commission. You can contact the Gambling Commission on : 0121 2306666

To apply to transfer a premises licence you must complete the following form:

Click here to download the transfer of premises licence form

and submit it to the licensing team with the following:

the existing premises licence - if it is not possible to return the existing premises licence with the application a statement as to why this is the case should be provided and an application for a duplicate copy must be made for the licence. 

written consent to transfer the licence from the existing holder. Please complete the appropriate transfer form

if it is not possible to obtain written consent from the current premises licence holder i.e. they have left the premises and their current whereabouts is unknown.  In some circumstances the licensing authority can dis-apply the need for consent.  However, it is expected that the applicant will have taken all reasonable steps to reach the licence holder and they must supply a statement of these steps to the licensing authority.  This does not apply if the previous licence holder has refused to give consent. 

the appropriate application fee

Question 17 of the application form allows the applicant to request that they are treated as if they were the licence holder during the application period.  This will allow an established premises to continue operating under the authority of the premises licence while the application is considered.  However, the use of this provision does not exempt the applicant from any other requirement under the Act, such as the need to hold a valid operating licence.  The effect of this section will commence when the application is received. 

Applications can be submitted by post to: Licensing Team, Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT or by emailing: licensing@selby.gov.uk alternatively you can submit the application and fee to 'Access Selby, Market Cross, Selby.

The applicant must also give notice of the transfer to the following 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 the subscribed form.  Form A should be used if an individual or company is making the application.  Form B should be used if more than one individual or company is making the application.  

Click here to download the notice of transfer form A

Click here to download the notice of transfer form B

Representation 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. 

How do I renew my bingo licence?

These 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 then the licence will automatically lapse.

The licence will not lapse unless any of the following circumstances occur:

  • the annual fee is 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 who becomes mentally or physically incapacitated
  • the holder becomes bankrupt
  • the holder goes into liquidation
  • notice of the surrender of the licence is served on the licensing authority
  • forfeiture by a court

How do I apply to reinstate a premises licence?

When a premises licence lapses because of one of the above 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 the licence has lapsed.  The applicant must have the legal right to occupy the premises and have applied for the appropriate operating licence and personal licence from the Gambling Commission. 

If after 6 months have passed then a new application for a premises licence must be made. 

The application form along with the fee must be submitted to the licensing team along with the original licence or a statement explaining why it has not been possible to return the licence and make an application for a replacement licence. 

Click here to download the application to reinstate a premises licence

The applicant must give notice of the reinstatement application within 7 days to the following authorities: Gambling Commission, HMRC, Safeguarding Children's Board, North Yorkshire Police.

The notice must be on the prescribed form.  Form A should be used if an individual or company is making the application. Form B should be used if more than one individual or company is making the application. 

Click here to download the notice Form A

Click here to download the notice Form B

Representations from any of the Responsible Authorities will be accepted during the period for 28 days starting from the application has been made.  If valid representations are received then a licensing sub-committee will be organised to determine the application. 

Applications can be sent via email to: licensing@selby.gov.uk or by post to: Licensing, Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT

Payments can be paid by cheque, made payable to Selby District Council, by credit or debit card by calling 01757 705101 or via Access Selby, Market Cross, Selby.

What happens if my permit or licence has been lost or stolen?

if your permit or licence has been lost, stolen or damaged  you must contact the licensing team with a statement of the reason and pay £25.00 for a replacement. Click here to email licensing 

Who regulates bingo premises?

The Gambling Act 2005 regulates gaming in the following situation: arcades, bingo, betting, gaming machines, lotteries, race tracks, gaming, casinos and United Kingdom based remote gambling. It does not regulate the National Lottery.

The Gambling Act 2005 has 3 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

The following organisations are responsible for the day to day regulation of the Gambling Act 2005:

The Act covers 2 main activities:

  • Providing facilities for gambling
  • Using premises for gambling 

In either case, you must hold the appropriate permission.  Permission may come from a licence, permit or registration granted according with the Act, or from an exemption given from the Act.

How do I know if a gambling activity is authorised?

The licensing team keep a register of all of the permits and licences that have been issued by Selby District Council. Please contact the licensing team by clicking here for further information. 

How do I report suspicious gambling activity or make a complaint about an authorised premises?

Please contact the licensing team by clicking here please provide as much information as possible for us to investigate the complaint.

You may also want to report the information to the Gambling Commission, please click here for their website

Offences

Click here for a list of offences under the Gambling Act 2005

Reviews

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 whether the review will be carried out, this decision will be made on the basis of whether the request for a review is relevant to the following:

  • 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 (complaint is one so trivial it would be unreasonable to consider it) or vexatious (it is not genuine and is made as a result of a dispute between neighbouring residents and businesses).  Council Officers will make their own observations to establish if complaints are being made for vexatious reasons.

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, click here for a list.  A Responsible Authority or interested party will have 28 days to make representations about the application. 

Click here to download the review application 

Click here to download the notice of a review 

Where the application is successful a licensing subcommittee 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 3 months
  • exclude a default condition attached to the licence or amend the exclusion
  • add, remove or amend a discretionary condition attached to the licence

On completion of the review the licensing authority must give notice of the decision and the reasons 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 magistrates court.

What happens if I do not apply for a licence?

It is an offence under the Gambling Act 2005 to operate a 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 licensing policy.