Guide Gambling permits and notices

Show all parts of this guide

9. Give a temporary use notice

Overview

You’ll need a temporary use notice (TUN) if you want to use a premises, temporarily, to provide facilities for gambling that are not licensed under a premises licence.

You can only use a temporary use notice to provide facilities for any form of equal chance gaming where the game is intended to produce a single winner, for example,  poker tournaments.

Equal chance gaming is where:

  • the participants are not involved in playing or staking against a bank, and
  • the chances are equally favourable to all participants

How to apply

If you want to use a premises temporarily for equal chance gaming, you can fill in a paper version of the form and send it to us in the post or bring it into our office. Paper applications can be requested by emailing the team at licensing@eastdevon.gov.uk

We'll need to receive this at least three months and one day before the gambling event will take place

We'll need to know:

  • the activity you want to carry out
  • the premises details
  • the date and times when you want the notice to have effect
  • if you have had any other temporary use notices during the previous 12 months

Restrictions

  • To be able to apply for a temporary use notice you will need hold a relevant operating licence issued by the gambling commission
  • The same premises can only have a maximum of 21 days in total authorised by a temporary use notice in any 12 month period

Responsible authorities

You'll need to send a copy of the notice on:

  • the Gambling Commission
  • the police
  • HM Customs and Excise

They'll need to receive this no later than six days after the date you gave it to us. You can find their contact details in our guide.

Payments

You'll be charged a fee for this application. Please make sure you are aware of how much this will cost.

Displaying your licence

You must display the temporary use notice at your premises where it can be easily seen during all times that the specified activity is taking place.

Police, council officers or gambling inspectors can ask to inspect the notice.

Length of licence

The temporary use notice will only cover the specified activity at the premises during the times and dates stated.

Guidance

Further information about gambling licences and how to apply is in our guide to applying for premises licences and our statement of licensing policy for gambling.

Legislation

Gambling Act 2005

Complaints

If you have an issue with a premises that is licensed for gambling then you can tell us about this. Please telephone us or send us an email. 

Public register

You can view details of existing gambling premises licences and a list of current applications on our licensing public register.

Data Protection

Any personal information which you provide will be held and used by East Devon District Council for the purpose of the licensing service to process your use notice and administer any notice received.  Your information may also be shared within East Devon District Council for the purposes of carrying out our lawful functions.  Otherwise your personal information will not be disclosed to anybody outside East Devon District Council without your permission, unless there is a lawful reason to do so, for example disclosure is necessary for crime prevention or detection purposes.  Your information will be held securely and will not be retained for any longer than is necessary.  There are a number of rights available to you in relation to our use of your personal information, depending on the reason for processing.  Further detail about our use of your personal information can be found in the relevant privacy notice. 

Start the journey

More info about the journey

You will need to make payment. You can pay by telephone or by emailing us and requesting an online payment link. 

You'll need to send a copy of the notice to each of the responsible authorities.

When we receive your application we'll check it to make sure it's been completed correctly. We'll email you if there is anything else we need.

As soon as we have the completed application, payment and all the information we need we'll accept it.  We can only refuse the TUN by serving a counter notice if you have exceeded the amount of days that can be authorised by a TUN in any 12 month period (21 days). 

Once we have accepted your TUN the responsible authorities who have been given a copy of the application will then have 21 days in which they can give us notice that they want to object.  

If any responsible authority gives an objection notice then the licensing sub committee will hold a meeting – called a ‘hearing’.

At the hearing, the committee will either decide that the temporary use notice should:

  • have effect
  • not have effect
  • only have effect to authorise a specified activity
  • only have effect for a specific time or day
  • have effect but with conditions added

After the hearing we'll write to you with the decision.  

If no objections are received your TUN will be granted and we'll send you your notice in the post.  

What you can do if you haven't heard from us

If at least 35 days have passed since you gave us your completed application and you haven't heard from us you can act as though your application is granted. 

If you are submitting your application by post then this will only apply when you can show proof of delivery from the Post Office or a recognised courier.

Timescales for processing an application do not start until all the necessary information has been received in full

Length of notice

A temporary use notice will only have effect for the times and dates stated in the notice.

What you can do if your application is unsuccessful

Please contact us in the first instance

Appeals

If an application for a temporary use notice is refused or granted with alterations you can appeal.

All appeals must be made to a magistrates court within 21 days of notice of the decision:

North and East Devon Magistrates Court, Southernhay Gardens, Exeter, EX1 1UH

Tel: 01392 415300