The Gambling Act 2005 - overview

These allow a gambling operator to temporarily use a premises which has no gambling premises licence to provide facilities for gaming. For example, hotels, conference centres and sporting venues might be suitable for temporary use notices.

Three months and one day before an operator wishes to use a premises for the provision of gaming facilities, they must give a temporary use notice to the relevant licensing authority. Copies of the notice must also be given to the Gambling Commission, police and Her Majesty's Revenues & Customs (HMRC). The licensing authority must send the operator an acknowledgement of notice as soon as possible after receiving it. If no objections are made within 14 days, the licensing authority must endorse the notice, thereby giving permission for the premises to be used.

The licensing authority must complete proceedings on a notice within six weeks of receiving it - this includes holding a hearing in the case of objections. If objections are upheld at a hearing, the authority can issue a counter notice to either prevent the operator's notice from having effect, or to modify, limit or impose conditions upon it.

There are limitations on temporary use notices (TUNs):

• Only an operator with a casino operators licence will be permitted to carry on activities under a TUN for which they hold an operator licence. This is because the Secretary of State has used his powers to limit the use of TUNs, which means that only equal chance gaming can be provided in the form of a tournament with only one winner, that is to say poker, bridge, whist
• No bankers games are allowed
• A premises can only be subject to TUNs for 21 days in a 12-month period
• Regulations may be made to limit the activities permitted by TUNs

Last updated: ‎10/10/2023 16:08