Gambling Act 2005
Brentwood Borough Council is the Licensing Authority for this area and works with the national gambling regulator, the Gambling Commission.
The Gambling Commission's role is to issue personal licences, operating licences, statutory guidance and codes of practice and investigate illegal gambling and also has prosecution powers.
The Council is responsible for determining applications for premises licences in respect of betting offices, race tracks, casinos, bingo clubs, adult gaming centres and family entertainment centres. The Council also issues permits for gaming machines in members’ clubs and licensed premises.
Additionally, the Council is responsible for administering ‘Temporary Use Notices’ and ‘Occasional Use Notices’ and registering Small Society Lotteries.
The regulatory regime has three licensing objectives:
- Preventing gambling from being a source of crime or disorder, being associated with crime or 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 Licensing Authority cannot become involved in the moral issues relating to gambling and must aim to permit the use of premises for gambling in so far as they think it is
- in accordance with any relevant codes of practice;
- in accordance with any relevant Guidance issued by the Gambling Commission;
- reasonably consistent with the Licensing Objectives; and
- in accordance with the Licensing Authority’s Statement of Licensing Policy.
Before the Licensing Authority can consider an application for a Premises Licence, the applicant must have obtained an Operating or Personal Licence, or both, from the Gambling Commission.
If you have an enquiry related to the Gambling Act 2005, please email licensing@brentwood.gov.uk.
Gambling Act 2005 - fees and charges
Licensing Authorities are required to set their fees under the Gambling Act 2005 on a cost recovery basis, within the maxima for each category of licence contained in The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007.
Bingo Clubs |
Fee (£) |
| New Application | 3500 |
| Annual Fee | 1000 |
| Application to Vary | 1750 |
| Application to Transfer | 1200 |
| Application to Re-instatement | 1200 |
| Application for Provisional Statement | 3500 |
| Licence Applications (Provisional Statement holders) | 1200 |
Betting Premises |
Fee (£) |
| New Application | 3000 |
| Annual Fee | 600 |
| Application to Vary | 1500 |
| Application to Transfer | 1200 |
| Application for Re-instatement | 1200 |
| Application for Provisional Statement | 3000 |
| Licence Application (Provisional Statement Holders | 1200 |
Tracks |
Fee (£) |
| New Application | 2500 |
| Annual Fee | 1000 |
| Application to Vary | 1250 |
| Application to Transfer | 950 |
| Application for Re-instatement | 950 |
| Application for Provisional Statement | 2500 |
| Licence Application (Provisional Statement holders) | 950 |
Family Entertainment Centres |
Fee (£) |
| New Application | 2000 |
| Annual Fee | 750 |
| Application to Vary | 1000 |
| Application to Transfer | 950 |
| Application for Re-instatement | 950 |
| Application for Provisional Statement | 2500 |
| Licence Application (Provisional Statement holders) | 950 |
Adult Gaming Centres |
Fee (£) |
| New Application | 2000 |
| Annual Fee | 1000 |
| Application to Vary | 1000 |
| Application to Transfer | 1200 |
| Application for Re-instatement | 1200 |
| Application for Provisional Statement | 2000 |
| Licence Application (Provisional Statement holders) | 1200 |
Fees and charges under the Gambling Act 2005
No fees have been set at this time in respect of the various categories of casinos under the Act as no such applications are currently anticipated.
There are statutory fees in respect of prize gaming, small society lotteries, gaming machine permits, Temporary Use Notices and Occasional Use Notices, which are set by the Government.
Making an application
Gambling Premises Licences
We are responsible for licensing premises that offer facilities for gambling. This means you will need a licence if you wish to run a gambling premises such as:
- Bingo premises
- Betting track premises
- Betting (other) premises (eg betting shops)
- Adult gaming centres
- Family entertainment centres
All premises licences will allow the use of gaming machines.
The type of licence you have will affect the number and type of machines you can operate.
How do I apply for the licence
You can use these forms to apply to Brentwood Borough Council for a new premises licence in respect of betting shops, adult gaming centres, family entertainment centres and bingo halls.
- Your application must be made using the relevant form available on the Gambling Commission website.
- send the application form to the Licensing Team
- pay the fee
- submit a plan of the premise pdf
Once you have made an application, you will need to:
- Serve a notice of application to responsible authorities on each responsible authority within 7 days of the application being made.
- advertise your application outside your premises using the notice of application to be published. There is a 28-day consultation period which runs from the day after which the application is received by the Council. You need to place a notice on the premises, or on the site of the premises if it has not been constructed, in a location that can be clearly read by the public at all times. This notice of the application must be displayed for the whole 28-day consultation period.
- a notice of application to be published must also be advertised in a newspaper of local relevance, on at least one occasion, within 10 working days of the application being made.
Once we receive your application, we will:
- allow 28 days for representations
If we receive any representations, we will take the application to a hearing for councillors to consider. We will then notify you of their decision.
If we do not grant your licence, we will not refund your fee, but you can appeal the decision by writing to us. Appeals are made to a Magistrates' court within 21 days of notice of the decision.
If we do not receive any representations, we will grant the licence.
Operator Licences
Operator licences are issued by the Gambling Commission. You can find out more on their website at www.gamblingcommission.gov.uk
Personal Licences
Personal licences are issued by the Gambling Commission. You can find out more on their website at www.gamblingcommission.gov.uk
Licensed premises gaming machine permit
The Gambling Act 2005 makes special provision for various types of gaming in certain premises with an alcohol licence. These exemptions, which are set out in sections 279 to 284 of the Act, apply only where:
- there is a Premises Licence under the Licensing Act 2003 which authorises the supply of alcohol for consumption on the licensed premises
- which contain a bar at which alcohol is served without a requirement that it is served only with food
- and at a time when alcohol can be served under the Premises Licence.
Notification of two or fewer machines
There is an automatic entitlement for one or two gaming machines of Category C or D provided that:
- the licence holder sends the Licensing Authority written notice of his intention to make gaming machines available under Section 282 (1) and the prescribed fee of £50. No annual fee is payable.
- any relevant provision of a code of practice about the location and operation of a gaming machine is complied with.
The notification fee is £50
Notification of more than two machines
For more than two Category C or D gaming machines, a licensed premises gaming machine permit issued by the Licensing Authority is required. The application fee is £150 and there is an annual fee of £50.
In certain circumstances the Licensing Authority can make an order ‘disapplying’ the automatic entitlement in respect of individual premises if problems occur.
Apply for a Licensed premises gaming machine permit - pdf
Further Information
For further information please visit the Gambling Commission's website, or if you require assistance with submitting an application please email licensing@brentwood.gov.uk
Society lotteries
Small Society Lotteries
Groups running small society lotteries must be registered with the local authority where the society’s principal office is located.
More than one lottery can be run during the year; however, no more than £20,000 worth of tickets can be put on sale for each lottery and the aggregate proceeds during the year must not exceed £250,000.
If either of these limits is likely to be exceeded, it is the responsibility of the society to apply to the Gambling Commission for a licence to operate a large society lottery.
Register a small society lottery
The online form below can be used to register a new small society lottery.
The following fees apply:
- £40 initial registration fee
- £20 annual fee, to keep the registration active
If you do not pay the annual fee, we may cancel your registration and a new application will have to be made.
Returns to be made after you have run a lottery.
Further information
For further information please visit the Gambling Commission's website, or if you require assistance with submitting a registration or return please email licensing@brentwood.gov.uk
Statement of gambling licensing policy
The Council’s Statement of Gambling Policy is reviewed in accordance with statutory requirements, Brentwood Borough Council consulted on its revised policy from the 1st August to the 24th October 2012.
Following the consultation period, the draft policy received approval at the Planning, Development Control and Licensing Committee meeting of the 7th November, and was subsequently adopted by Members of the Council at the Ordinary Council meeting on the 19th December.
In accordance with Regulation 7 of the Gambling Act 2005 and the (Licensing Authority Policy Statement) Regulations 2006, Brentwood Borough Council gave notice of its intent to publish the Statement of Gambling Policy 2013-16 on Friday 21st December 2012.
The revised policy was published on the Brentwood Borough Council website on Monday 24th December 2012 and came into effect as of Wednesday 2nd January 2013. This policy will remain in effect until the 31st January 2016, subject to any further or necessary revisions.
Brentwood Borough Council Statement of Gambling Policy 2013-16 pdf
The policy is being reviewed in 2021 and will be published on this page following approval by Members.
Further information
The Licensing Authority is required to prepare and publish a statement of the principles that it proposes to apply when exercising its functions under the Act. The licensing policy statement will last for a maximum of three years but can be reviewed and revised by the Licensing Authority at any time, for instance in the light of feedback from the local community on whether the statutory objectives are being met.
Before determining its policy for any three year period, the Licensing Authority must consult:
- the chief officer of police for the area;
- one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area; and
- one or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority’s functions under this Act.
The list of persons to be consulted when preparing the licensing policy statement is deliberately wide to allow Licensing Authorities to undertake a comprehensive consultation exercise with anyone who may be affected by or otherwise have an interest in the licensing policy statement.
Guidance issued by the Gambling Commission suggests that Licensing Authorities might consider consultation with a range of organisations including:
- faith groups
- voluntary and community organisations working with children and young people
- organisations working with people who are problem gamblers
- medical practices or primary care trusts
- advocacy organisations (such as the Citizen’s Advice Bureau and trade unions)