The Gambling Act 2005 requires that 'responsible authorities' such as the police, the gambling commission and others are notified of every application for a new gambling premises licence or variation of an existing premises licence.
An applicant is also obliged to advertise their application in a local paper and place a notice outside the premises for 28 days.
Objections can only be made by responsible authorities or interested parties. Interested parties are defined as a person who:
- lives sufficiently close to the premises to be likely to be affected by the authorised activities
- has business interests that might be affected by the authorised activities
- represents persons who satisfy paragraph (a) or (b)
An interested party or responsible authority must make representations or objections in writing that must be received by us within the 28 day notice period (which will be specified on the application details).
A representation may be an objection or a positive comment.
If no relevant representations are made, the licence or variation must be granted in the form that the application was made.
Any representations made must relate to the licensing objectives.
The licensing objectives are:
- 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, and
- protecting children and other vulnerable persons from being harmed or exploited by gambling
Objections must be relevant and can only be made based on one or more of these three licensing objectives.
Putting forward your views on applications
Representations must be submitted us in writing within the 28 day notice period. This time period is stated on the public notice at the premises and in the advert in the local paper. View details of current gambling premises licence applications.
Applications are also available for inspection at our offices at Blackdown House, Honiton. Please telephone for an appointment before attending to ensure an officer is available to see you.
If you want to make a representation please go to our make a representation about a gambling premises licence application page.
What will happen next?
If we think the representations are relevant we must hold a hearing to determine the application (unless all agree that this is unnecessary).
At the hearing, a sub-committee (three councillors) of the council’s Licensing and Enforcement Committee may do one of the following:
- Decide to grant or vary the licence in the same terms as it was applied for
- Decide to grant or vary the licence, but to modify the conditions
- Decide to refuse to issue or vary the licence
- Decide to exclude a licensable activity from the licence
The applicant for a licence or variation and any objectors can address the sub-committee. The sub-committee will listen to the evidence of both sides before making their decision. If a person who has made a representation cannot attend the hearing the sub-committee will consider the person’s written representation.
A similar approach is taken in respect of provisional statements.
The contents of these pages are provided as an information guide only. They are not a full and authoritative statement of the law and do not constitute professional or legal advice. Any statements on these pages do not replace, extend, amend or alter in any way the statutory provisions of the Licensing Act 2003, any subordinate legislation made under it, or statutory guidance issued in relation to it. We accept no responsibility for any errors, omissions or misleading statements on these pages, or any site to which these pages refer. In particular, it must be noted that, although we have made every effort to ensure that the information in these pages is correct; changes in the law and the nature of implementation mean that the information in these pages cannot be guaranteed as accurate.