Gambling Act 2005
We licence some types of gambling in the Maldon district. We have a duty to ensure that the licensing objectives are met:
- preventing gambling from being a source of crime or disorder, being associated with crime and disorder or being used to support crime
- ensuring gambling is conducted in a fair and open way
- protecting children and other vulnerable persons from being harmed or exploited by gambling
We will not promote gambling or restrict opportunities for individuals who wish to participate in gambling. We will use the licensing controls to balance increased leisure opportunities with the protection of children, vulnerable people and communities.
We will consider and issue premises licences for:
- betting offices
- bingo clubs
- adult gaming centres
- family entertainment centres
You may wish to apply for provisional statements for premises which you are thinking of building, altering or acquiring before you enter into a contract as this may indicate the likelihood of obtaining a premises licence. You can also do this if you already hold a premises licence and thinking of changing the nature of the gambling activity.
We will also issue permits for:
- gaming machines in members' clubs and licensed premises
- prize gaming
- unlicensed family entertainment centres
and register small society lotteries - see lotteries.
We have a statutory duty to publish a 'Statement of Licensing Policy'. The policy has been produced in accordance with the Gambling Act, Regulations and Guidance issued by the Gambling Commission.
Eligibility and application process
An application for a premises licence, including a provisional licence, may only be made by persons, companies or partnerships:
- who are 18 or over
- who have the right to occupy the premises
- who have an operating licence, which allows them to carry out the proposed activity, or have applied for an operating licence (the premises licence cannot be determined until an operating licence has been issued)
The application must be on the prescribed form and must be accompanied by:
- the correct fee
- a plan of the premises - needs to be to scale ( preferred 1:100)
The applicant is required to publish notice of their application which will allow representations to be made. Notice must be given in 3 ways:
- a notice placed outside the premises for 28 consecutive days in a place where it can be easily read
- in a newspaper or newsletter of local relevance, on at least one occasion within 10 days of the application being made
- to all responsible authorities within 7 days of the application being made
- Notice of application for a premises licence (Form A)
- Notice of application for a premises licence (Form B)
- Notice of application for a provisional statement (Form A)
- Notice of application for a provisional statement (Form B)
Responsible authorities, interested parties and representations
Responsible authorities and interested parties have 28 consecutive days from the date of application to make representations.
A list of responsible authorities can be seen in the Statement of Gambling Policy.
An interested party is a person who:
- lives sufficiently close to the premises to be likely to be affected by the proposed activities
- has business interests that might be affected by the proposed activities
- represents persons in either of these 2 groups (such as elected councillors and M.P.s)
If any representations are made within 28 days of the application, a hearing must be held. We will notify the applicant, any person who has made relevant representations and responsible authorities of the hearing date. Members of the Council will preside over the hearing and determine whether to grant or reject the application.
Applicants, responsible authorities and interested parties can appeal to the local Magistrates' Court following the decision. This appeal must be made within 21 days from receipt of the notice about the decision.
Making an application
Gambling premises licence Fees
- Application for a premises licence
- Application for a premises licence (vessel)
- Application to transfer a premises licence
- Application for the reinstatement of a premises licence
- Application to vary a premises licence
- Application for a provisional statement
Gaming machine permits
Premises licensed for the sale or supply of alcohol are entitled to have up to two category C or D gaming machines on their licensed premises. Licensed premises must provide notification of these and a fee is payable for this notification.
- Gaming machine permit or notification for licensed premises
- Gaming and machine permit for clubs
- Prize gaming permit
- Unlicensed family entertainment centre gaming machine permit
Temporary and occasional use notices
Temporary use notice (TUN)
This notice allows the holder of an operating licence issued by the Gambling Commission to use a premises temporarily for gambling even though it does not have a premises licence. The notice can only be used for up to 21 days in a 12-month period.
Submit your notice (premises other than vessels or vessel and fee of £425 to us. Please note that the notice must be given at least 3 months and 1 day before the day on which the gambling event will begin.
You must also send a copy of the notice within 7 days to the following:
- The Licensing Officer, Essex Police Licensing Unit, PO Box 12306, Newland Street, Witham CM8 2AS
- The Gambling Commission, Victoria Square House, Victoria Square, Birmingham B2 4BP
- HM Revenue & Customs, National Registration Unit (Betting & Gaming), Portcullis House, 21 India Street, Glasgow G2 4PZ
What happens next?
If no objections are made, then the event can proceed. You must then display a copy of the notice on the premises whilst gambling is taking place.
Objections may be received from any of the above and must be made within 14 days of the notice. If objections are received, there will be a hearing in front of the Licensing sub-Committee. If the objections are upheld, we will serve a counter notice and you will not be able to go ahead. If a counter notice is served, you can appeal to the local magistrates' court within 14 days of its receipt. If you don't receive a counter notice, you may go ahead with the event.
Occasional use notice (OUN)
This notice allows a licensed betting business to provide betting facilities at a sporting venue for short periods of time without the need for a full betting premises licence. The betting must be of a temporary and infrequent nature.
The person responsible for organising the event on the track or the occupier of the track can give notice. The notice can only be used for 8 days or less in a year. Objections cannot be made unless it is over 8 days.
Submit your written notice to us (there is no fee) and send a copy to: The Licensing Officer, Essex Police Licensing Dept. (Alcohol & Gambling), Blyth's Meadow, Braintree CM7 3DJ.