Do I need a betting shop licence?

Yes.

In order to provide facilities for betting you must have the appropriate permission under the terms of the Gambling Act 2005.

The following permissions are available:

• premise licence – for betting shops, trading rooms and tracks
• occasional use notice – for use on tracks for short periods of betting at events that are temporary or infrequent. These notices can only be used for 8 consecutive days or less in a calendar year
• temporary use notice - for use to permit premises on a temporary basis to offer facilities for gambling. This notices can only be applied for by a person already holding an operators licence from the Gambling Commission
• remote betting – the Gambling Commission website can provide useful information and are a contact if you want to provide remote betting:
  Gambling Commission (external website)

• fundraising – if you want to raise funds for charity (for example a charity race night) you can provide betting facilities without a licence as long as it meets the criteria set out in the Gambling Act 2005. Depending on what you are intending to do you may require a small lotteries registration.

The Gambling Commission website can provide information on raising money for good causes.

Gambling Commission (external website)

How do I apply for a betting shop licence?

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

Depending on the size of your business you may also need to apply for personal licences.

The Gambling Commission website can provide more information on how to obtain the required licences.

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

An application for a provisional statement should be made if the premises still needs to be built, needs major alterations or the applicant does not yet have the right to occupy it. 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 premise 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 you apply for a premises licence, please read the statement of licensing policy. 

Gambling Act 2005 Statement of Licensing Policy (word 631kb) 

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

Gambling act 2005 Fee list (word 75kb)

Premise Licence Application (pdf 24kb)

Provisional Statement Application (pdf 25kb)

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

• a copy of the operating licence
• an appropriate plan of the premises.

Guidance on plan requirements (pdf 131kb)

• evidence that Disclosure and Barring Service (DBS) checks are carried out on staff
• evidence that applicants and staff have a full understanding of the maximum stakes and prizes of the gambling that is permissible in betting shops
• evidence that applicants have no relevant convictions
• proof of planning
• proof of the right to occupy the building.

There are 2 different types of conditions which are attached to a premises licence:

Mandatory conditions

These are attached to certain classes of premise licence automatically and the council has no discretion to change, exclude or substitute these.

Default conditions

These are conditions which 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 submitted by post to:

Licensing Team
East Riding of Yorkshire Council
County Hall
Cross Street
Beverley
HU17 9BA.

or via one of the customer service centres. Please use our customer service centre finder to locate a centre.

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.

Notice of premises licence application to responsible authorities Form A (pdf 16kb)

Notice of application for a premises licence to responsible authorities Form B (pdf 12kb)

Form of Notice Provisional statement Form A (pdf 10kb)

Notice of application for a provisional statement Form B (pdf 12kb)

Responsible Authorities Contact details (word 78kb)

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.

Notice Newspaper and Public Premises Licence (pdf 13kb)

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 for 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.

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 may 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 the licence and summary in the post. The summary must go on display on 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 would 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 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 betting shop licence?

You can submit a cheque made payable to East Riding of Yorkshire Council with your application form and supporting documentation, or alternatively, you can pay using a credit/debit card on (01482) 396297.

Pay annual fee online 

You can also visit any customer service centre located across the East Riding, where you can submit your application fee and payment together.

What other permissions may I need?

If applying for a betting premises licence you may also need to contact Planning.

How do I apply for a temporary use notice?

A temporary use notice (TUN) will allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily to provide facilities for gambling. Premises that might be suitable for a TUN would include hotels, conference centres, and sporting venues.

A TUN may only be granted to a person or company holding a relevant operating licence issued by the Gambling Commission (for example, the holder of a betting operating licence could apply to provide betting facilities at a snooker tournament).

The Gambling Commission website can provide further information on TUNs.

Gambling Commission (external website)

A TUN can only currently apply to the provision of facilities for equal chance gaming where the participants take part in a competition which is intended to produce a single overall winner, but this does not include the use of a gaming machine.

The same set of premises cannot have a TUN for more than 21 days in any 12-month period but may be the subject of several notices provided that the total does not exceed 21 days. If a premise was to exceed 21 days the licensing authority will issue a counter-notice that has the effect of stopping the TUN coming into effect. Failure to comply with the counter notice will be an offence.

How to apply

Applicants must be the holder of the relevant operators' licence issued by the Gambling Commission, via their website:

Gambling Commission (external website)

Applications must be submitted a minimum of 3 months prior to the day before the event. To apply, the applicant must complete the application and submit 2 copies to the licensing team along with the fee of £250.

Applications can be submitted direct to:

Licensing Team
East Riding of Yorkshire Council
County Hall
Cross Street
Beverley
East Yorkshire
HU17 9BA

or via one of the local customer service centres. Please use our customer service centre finder to locate a centre.

The fee can be paid by credit or debit card over the telephone (01482) 396297 or at a cashier at one of the local customer service centres. 

Please use our customer service centre finder to locate a centre.

Within 7 days of serving the application on the licensing team the applicant must also send a copy of the notice to the Police, the Gambling Commission and HM Revenue and Customs.

Humberside Police Licensing Section
Police Headquarters
Priory Road Police Station
Priory Road
Hull
HU5 5SF.

Email: communitieslicensing@humberside.pnn.police.uk

HM Revenue and Customs
National Registration Unit
Portcullis House
21 India Street
Glasgow
G2 4PZ.

Tel: 0141 555 3633
Email: nru.betting&gaming@HMRC.gsi.gov.uk

Gambling Commission
Victoria Square House
Victoria Square
Birmingham
B2 4BP.

Tel: 0121 230 6500
Email: info@gamblingcommission.gov.uk

The Police, Gambling Commission, HM Revenue and Customs, and the licensing team are able to make relevant objections to the application within 14 days of the application being served on the licensing authority.

If relevant objections are received the licensing authority must hold a hearing unless all parties involved agree that one is not necessary. If a counter-notice is served on the applicant as a result of the hearing it must state the reason why. A counter-notice may be used to stop the event or add conditions to the notice. When a counter-notice is served the applicant has the right of appeal to the magistrates' court.

If the authority decides not to issue a counter-notice as the result of the hearing or if no objections are received the licensing authority must endorse a copy of the application and return it to the applicant.

How do I vary my betting shop licence?

The holder of a premises licence can apply to the local authority to vary the 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.

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

Application to vary your Gambling premises licence (word 131kb)

To vary the premises licence an 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 vary a premises licence to the following authorities; Gambling Commission, HMRC, Police Chief, Fire and Rescue, Environmental Health Department, Local Licensing Authority Child Protection Service.

Notice of premises licence application to responsible authorities Form A (pdf 16kb)

Notice of application for a premises licence to responsible authorities Form B (pdf 12kb)

Responsible Authorities Contact details (word 78kb)

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.

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.

Notice Newspaper and Public Premises Licence (pdf 13kb)

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 for 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.

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 may make the following outcomes as a result of the hearing:

• grant the licence as per the variation application
• grant the variation application 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 in the post. The summary must go on display in a prominent position on the premises.

Can I transfer my betting shop licence?

When the control of an existing licensed gambling premise is to change to a different operator, it is necessary to apply to the licensing authority to transfer the licence. Please note permits cannot be transferred.

Before a transfer application can be made an application for the relevant operators licence and personal licences must be made to the Gambling Commission. A premise licence can not be issued before the appropriate licences have been granted by the Gambling Commission.

The Gambling Commission can be contacted by telephone on 0121 230 6666.

To apply to transfer a premises licence the applicant must complete the application form below:

Application to transfer a premises licence form (pdf 42kb)

and submit it to the licensing team along with:

• 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 must be made for a duplicate copy of the licence
• written consent to transfer the licence from the existing holder. Please complete the form below:Transfer consent form (pdf 50kb)

• 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 from the list below: 

Question 17 on 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 premise 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:

The Licensing Team
East Riding of Yorkshire Council
County Hall
Cross Street
Beverley
HU17 9BA 

or via one of the customer service centres. Please use our customer service centre finder to locate a centre.

The applicant must give notice of the transfer application to the following responsible authorities:

• The Gambling Commission
• HM Revenue and Customs
• East Riding Safe Guarding Children Board
• Humberside Police.

Responsible Authorities Contact details (word 78kb)

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

Notice of premises licence application to responsible authorities Form A (pdf 16kb)

Notice of application for a premises licence to responsible authorities Form B (pdf 12kb)

Representations from any of these 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.

Representations from any of these 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 betting shop 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.

An annual fee can be paid by any one of the following methods:

• by credit or debit card over the telephone (01482) 396297
• at a cashier at one of the customer service centres. Please use our customer service centre finder to locate a centre. Please ensure a copy of the receipt is forwarded to the licensing team.

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

How do I apply to reinstate my betting shop licence?

When a premises licence lapses because the licence holder dies, becomes incapable of carrying on licensable activities due to mental or physical incapacity, becomes bankrupt, or in the case of an organisation ceases to exist or goes into administration, 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 premise and have applied for the appropriate operating and personal licences from the Gambling Commission.

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

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

Reinstatement Application (pdf 22kb)

Gambling Act 2005 fee list (word 75kb)

The applicant must give notice of the reinstatement application within 7 days to the following responsible authorities:

• The Gambling Commission
• HM Revenue and Customs
• East Riding Safe Guarding Children Board
• Humberside Police.

Responsible Authorities Contact details (word 78kb)

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

Notice of premises licence application to responsible authorities Form A (pdf 16kb)

Notice of application for a premises licence to responsible authorities Form B (pdf 12kb)

Representations from any of these 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.

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

Representations from any of these 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.

Applications can be submitted by post to:

Licensing Team
East Riding Of Yorkshire Council
County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA 

or via one of the local customer service centres. Please use our customer service centre finder to locate a centre.

Payment can be made by cheque made payable to East Riding of Yorkshire Council, by credit or debit card by telephone on (01482) 396297 or via cashiers at one of the customer service centres. 

Please use our customer service centre finder to locate your nearest centre.

What do I do if my licence is 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 for a replacement.

You can contact us online to do this.

Alternatively,  you can email us:

Email: licensing@eastriding.gov.uk

Write to: 

Licensing Team
East Riding Of Yorkshire Council
County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA.

Payment can be made by cheque made payable to East Riding of Yorkshire Council, by credit or debit or debit card by phone (01482) 396297 or via a cashier at one of the customer service centres.

How do I surrender my betting shop licence?

To surrender your betting premises licence, you will need to return your licence and licence summary or a letter detailing why these documents cannot be returned to:

Licensing Team
County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA.

Who regulates the Gambling Act 2005?

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

The Gambling Act 2005 has 3 objectives these are:

• preventing gambling for 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 regulating the Gambling Act 2005:

• The Gambling Commission
• The Local Licensing Authority

The Gambling Commission website can provide information on their powers.

Gambling Commission (external website)

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 to the Act, or from an exemption given by the Act.

How do I know if a gambling activity is authorised?

The licensing team keeps a register of all the permits and licences that have been issued for the East Riding of Yorkshire Council area. These can be viewed in our public registers.

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

If you want to report a suspicious gambling activity or make a complaint you can contact the licensing team. Please provide us with as much information as possible so that we can investigate the complaint.

You can contact us online to do this.

Alternatively,  you can email us:

Email: licensing@eastriding.gov.uk

Write to: 

Licensing Team
East Riding of Yorkshire Council
County Hall
Cross Street
Beverley
East Riding of Yorkshire
HU17 9BA

You may also want to report the issue to the gambling commission via their website.

Gambling Commission (external website)

Offences

There are a number of offences under the Gambling Act 2005. Please refer to the attached documents.

Offences under the Gambling Act 2005 (pdf 71kb)

Enforcement Policy

All enforcement action carried out by the licensing team is done in line with the council’s enforcement policy.

Statement of Gambling policy (word 629kb)

Inspections

The licensing team carries out regular programmed and un-programmed inspections to ensure that gambling activities are being carried out in line with the Gambling Act 2005 regulations.

Reviews

An application can be made for the 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 premise 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:

• the code of practice issued by the licensing authority
• the 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 or vexatious
• it will not cause the authority to consider altering, revoking or suspending the licence
• it is substantially the same as previous representations or requests for a review.

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. The local authority must also publish notice of the application. A responsible authority or interested party will have 28 days to make representations about the application.

Application for review of a premises licence (pdf 15kb)

Notice of a review (pdf 16kb)

Responsible Authorities Contact details (word 78kb)

Where the application for a review is successful a licensing sub-committee 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 three months
• exclude a default condition attached to the licence or amend an exclusion
• add, remove or amend a discretionary condition attached to the licence.

On the completion of a review the licensing authority must give notice of the decision and the reason 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 betting shop licence?

It is an offence under The Gambling Act 2005 to operate 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.