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Amusements with Prizes


Amusement with Prizes
General Information
In accordance with the Gaming Act 1968 and the Lotteries and Amusement Act 1976 any prospective occupiers of amusement parks, arcades and other premises on which amusements with prizes or where gaming machines will be provided, must first obtain a permit issued by the local authority. Several forms of gaming are subject to permits being obtained. An S34 permit is required if machines are constructed or adapted for playing a game of chance by means of the machine and have a slot for inserting money or tokens and where the payout of the machine is up to £5.00 or non-monetary prize of £8.00. The fee for this type of permit is £32.00. 

A S16 permit is similar, but for use in premises where the amusements with prizes are mainly without machines, i.e. where bingo is the main entertainment.

The fee for this type of permit is £32.00. 

A 34(5)E permit is required when the machines have payouts of up to £25.00, also called non-cash machines. This type of machine can only be situated in amusement arcades with restrictions on access by under 18's. The fee for this permit is £250.00.

A permit is not required where the machine in question is based only on a game of skill (for e.g. quiz machines), or is an amusement only machine and in either case no money or token is paid out by the machine. 

Once granted, all permits remain in force for three years. In all three cases of gaming it is unlawful unless the appropriate kind of permit has been granted by the local authority within whose area the premises are situated.

Licensed Premises

Licensed Premises new rules on gambling

The guidance for the Gambling Act 2005 is now out. What will the changes to the law mean for your pub?

On February 2 the Department for Culture, Media and Sport (DCMS) published its proposals for the transitional arrangements under the Gambling Act 2005. That Act is due to come into full force and effect on September 1, 2007. It introduces new arrangements for the licensing of gaming machines in pubs and other alcohol licensed premises. As you know, responsibility for such licensing in England and Wales was transferred from the licensing justices to licensing authorities in November of last year. The licensing authorities will still have this responsibility under the 2005 Act.

The new Act will herald the following changes
A new code of practice on the location and operation of machines has been published by the Gambling Commission and is available to operators from the Commission it comes into effect on September 1, 2007.

Section 34 permits will be replaced by two new permissions:

Up to two machines: Pubs and other alcohol licensed premises (with a bar authorised to serve drinks without food) will be automatically entitled to up to two gaming machines (category C or D), which in practice means machines with the same stake and prize limits as presently apply.

More than two machines: Premises which wish to offer more than two of the above types of gaming machine will need to apply to their licensing authority for a licensed premises gaming machine permit at least two months before their existing Section 34 permit expires.

Special grandfather rights will apply to pubs with existing Section 34 permits. They will be entitled to a new permit (under the 2005 Act) for the same number of machines as are authorised by the Section 34 permit. However, an existing permit holder (with two or more machines already) who wishes to increase the number will need to apply for a new licensed premises gaming machine permit.

The following arrangements in relation to permits for AWP machines in pubs are proposed: 

Existing Section 34 permits that expire before September 1, 2007
These permits should be renewed in the normal way under the existing legislation, that is, by way of application to the licensing authority. From September 1, 2007, existing permits will be automatically converted into appropriate permits under the 2005 Act, which will expire on the same date as the existing permits. 

Existing Section 34 permits that expire after September 1, 2007
From September 1, 2007, the automatic conversion process described above will apply to all existing permits. However, it will be essential that all applications for a new appropriate permit are made to the licensing authority at least two months before the expiry date.

New Section 34 permits to take effect before September 1, 2007
Application for these permits should be made in the normal way under the existing legislation. The same principles as mentioned in the paragraph above will then apply. 

New Section 34 permits to take effect from September 1, 2007
Application for these permits should be made to the licensing authority for the new appropriate permission under the 2005 Act. 

Gambling & Gaming on Licensed Premises
Please visit our Gambling & Gaming on Licensed Premises website.
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