Occasional and Temporary Use Notices

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Occasional and Temporary Use Notices

The Gambling Act 2005 provides two separate methods by which occasional betting activities or temporary gambling facilities can be authorised in locations which do not have the appropriate gambling premises licence - these are Occasional Use Notices and Temporary Use Notices.

Examples of such locations for an occasional use notice are point to point racecourses; temporary use notices would tend to be for use in hotels, conference rooms etc.

Occasional Use Notices

What are the restrictions? 

Occasional Use Notices can only be used for eight days or less in one calendar year in one location.

Can anyone object? 

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 made.

Who can provide betting facilities under an occasional use notice? 

Only holders of Gambling Commission betting operator's licences can provide betting facilities under an occasional use notice.

Please note that betting operators cannot provide gaming machines at tracks by virtue of an occasional use notice. Gaming machines can be provided by betting operators only through betting premises licences, which refer to a specific licensed area.

How can an occasional use notice be given? 

A notice must be served on the licensing authority by the person who is responsible for the administration of events on the track or by the occupier of the track. A copy of the notice must also be served on the Police for the area where the track is located.

The notice must 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 the calendar year.

What is the fee? 

There is no fee associated with giving an Occasional Use Notice

Temporary Use Notices

A Temporary Use Notice can allow the use of premises for gambling where there is no premises licence in force.  The provisions of the Gambling Act 2005 (temporary use notices) Regulations 2007 restrict the activities authorised under temporary use notices to the provision of facilities for equal chance gaming, where the gaming is intended to produce a single overall winner.

Who can give a Temporary Use Notice? 

A Temporary Use Notice may only be given by a person or company holding a relevant operating licence issued by the Gambling Commission. The gambling activities must fall within the activities which the operator is authorised to provide under their operating licence.

What are the restrictions?

The same set of premises may not be the subject of a Temporary Use Notice for more than 21 days in any twelve month period, but may be the subject of several notices, provided that the total does not exceed 21 days.

Should this period be exceeded, the licensing authority will issue a counter notice that has the effect of stopping the Temporary Use Notice coming into effect. Failure to comply with the counter notice is an offence.

How much notice must be given? 

A Temporary Use Notice must be given to the licensing authority at least three months prior to the date when the notice is to have effect. A copy of the notice must also be given to the following responsible authorities; Sussex Police - Bexhill Police Station, The Gambling Commission and HM Revenue and Customs.

How can a Temporary Use Notice be given? 

A notice must be given to the licensing authority by the holder of the operator's licence. Copies of the notice must be sent to the Gambling Commission, the Police and HM Revenue and Customs.

What are the fees?

The fee for a Temporary Use Notice is £500.

How to apply

To apply for a licence please visit the Gambling Commission's Licensing Authority Forms page to download the correct application form and return it to us with the fee (if applying for a Temporary Use Notice only)  to the address below.

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