Gambling Commission encourage Licensing Authorities to think for themselves

We recently reported the outcome of an Appeal by Paddy Power for new betting premises in Newham.

The Paddy Power application became a vehicle for discussion regarding gaming machines available in betting premises, in particular category B2 (‘roulette machines’).

The issue of ‘Primary Use’ has been long debated as proposals by Operators for premises licences with the sole intention of hosting gaming machines have been resisted by the local authorities and Commission. 

The requirement for betting premises to provide ‘primary gambling activity’ in the form of bookmaking remains a requirement in the eyes of the Commission for the grant of a premises licence and by proxy access to B2 gaming machines.

In his Judgment DJ Goldspring, suggested that primary gambling activity was an area solely for the Gambling Commission to look at, not licensing authorities. The Commission has moved to respond to this suggestion disagreeing with the Judge’s comments with a news item published on their website stating:

“In the Commission’s opinion, given the clear terms of section 153(1)of the Gambling Act 2005 that the authority “…shall aim to permit the use of premises for gambling insofar as the authority think it

(a) in accordance with any relevant code of practice under section 24,

(b) in accordance with any relevant guidance issued by the Commission under section 25…”

It is open to a licensing authority to take account of the relevant parts of those documents that relate to primary gambling activity.”