Gambling policy Part C

Members Clubs and Miners’ Welfare Institutes may apply for a Club Gaming Permit or a Clubs Gaming machines permit while a Commercial Club may apply for a Club Gaming Machines Permit.

The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B, C or D), equal chance gaming and games of chance. A Club Gaming machine permit will enable the premises to provide gaming machines (3 machines of categories B, C or D). However commercial clubs may not site category B3A gaming machines offering lottery games in their club.

The ‘Act’ states: “Members clubs must have at least 25 members and be established and conducted “wholly or mainly” for purposes other than gaming, unless the gaming is restricted to that of a prescribed kind (currently bridge and whist). Members clubs must be permanent in nature not established to make as a commercial enterprise but there is no need for a club to have an alcohol licence.

Examples include working men’s clubs, branches of Royal British Legion and clubs with political affiliations.”

The Council is aware that licensing authorities may only refuse an application on the grounds that:

1. the applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied;
2. the applicant’s premises are used wholly or mainly by children and/or young persons;
3. an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities;
4. a permit held by the applicant has been cancelled in the previous ten years; or
5. an objection has been lodged by the Commission or the police. If the Council is satisfied that (a) or (b) is the case we will refuse the licence.

It should be noted that there is a ‘fast-track’ procedure available for premises that hold a Club Premises Certificate under the Licensing Act 2003 (schedule 12 paragraph 10). As the Gambling Commission’s Guidance to Licensing Authorities’ states: “Under the fast-track procedure there is no opportunity for objections to be made by the Commission or the police, and the ground upon which an authority can refuse a permit are reduced” and “The grounds on which an application under the process may be refused are:

1. that the club is established primarily for gaming, other than gaming prescribed by regulations under s266 of the Act.
2. that in addition to the prescribed gaming, the applicant provides facilities for other gaming; or
3. that a club gaming permit or club machine permit issued to the applicant in the last ten years has been cancelled.”

The club gaming permit has statutory conditions, including that in respect of gaming machines no child or young person uses a category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines.