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Gambling Act 2005 - Notices
Temporary Use Notices allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling.
A Temporary Use Notice (TUN) may only be granted to a person or company holding a relevant Operating Licence issued by the Gambling Commission.
They can only be used to permit the provision of facilities for equal chance gaming, where the gaming is intended to produce a single winner eg. poker tournaments.
How to apply
- The applicant must give the TUN to the Licensing Authority not less than three months and one day before the day on which the gambling event will begin.
- In addition, a copy of the notice must be served upon the Gambling Commission, Chief Officer of Police and HM Revenues and Customs.
- A fee of £425 is applicable.
The same set of premises may not be the subject of a TUN for more than 21 days in any 12-month period. However, a set of premises may be the subject of more than one temporary use notice provided that the total does not exceed 21 days. Should this period be exceeded the 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.
An Occasional Use Notice (OUN) permits betting on a track on 8 days or less in a calendar year without the need for a premises licence. A ‘track’ does not just include a horserace course or a dog track, but also any other premises on any part of which a race or any other sporting event takes place, or is intended to take place.
The Licensing Authority is aware of some instances of the misuse of OUNs, by the arrangement of a contrived sporting event at a premises solely in order to permit betting on premises where it would not normally be allowed. OUNs cannot be used for a contrived sporting event at a premises (for example, at venues holding corporate events or in pubs/clubs) solely to permit betting on premises where it would not normally be allowed – for example, so that a licensed bookmaker could accept bets on events such as the Cheltenham Festival. The Licensing Authority will check that the betting operator has the appropriate licence from the Gambling Commission and consider the nature of any event associated with an OUN and seek to establish details of the ‘sporting event’ taking place. This Authority will seek to ensure that the primary purpose is to facilitate betting at genuine sporting events, within the boundaries of the identified venue on a specific date.
A notice must:
- be served by a person who is responsible for the administration of events on the track or by the occupier of the track.
- be served on the Licensing Authority and copied to the Chief Officer of Northumbria Police.
- specify the day on which it has effect. Notices may be given in relation to consecutive days, so long as the overall limit of eight days is not exceeded in a calendar year. An OUN must be submitted for each day that betting activity will be conducted on the premises. If betting activity is to be held over a period of 8 consecutive days, the operator will be required to submit 8 separate notices.
- There is no fee associated with giving an Occasional Use Notice.
Provided that the notice will not result in betting facilities being available for more than eight days in a calendar year, there is no provision for counter-notices or objections to be submitted.
Betting operators cannot provide gaming machines at tracks by virtue of an Occasional Use Notice.