Premises licences allow an operator who has an operating licence, granted by the Gambling Commission, to open a Gambling Establishment. Blackburn with Darwen Borough Council will be responsible for awarding premises licences. When making a decision on an application for a premises licence we will take into account:
- the Licensing objectives;
- guidance from the Gambling Commission;
- our own three year Licensing Policy which is a statement of Gambling Principles.
Definition of “premises” - Premises is defined in the Act as “any place”. Different premises licences cannot apply in respect of a single premise at different times. However, it is possible for a single building to be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. Whether different parts of a building can properly be regarded as being separate premises will always be a question of fact in the circumstances. The Gambling Commission does not consider that areas of a building that are artificially or temporarily separate can be properly regarded as different premises.
There are three types of conditions that can be attached to a premises licence.
- Mandatory conditions - These will be imposed by the Secretary of State and may not be changed by us.
- Default conditions - These are imposed by the Secretary of State but may be changed or excluded by us when granting a premises licence e.g. opening hours.
- Licensing authority conditions - We, as well as being able to amend or exclude default conditions may add conditions to any premises licence.
It is noted that there are conditions which the licensing authority cannot attach to premises licences which are:
- any condition on the premises licence which makes it impossible to comply with an operating licence condition;
- conditions relating to gaming machine categories, numbers, or method of operation;
- conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated); and
- conditions in relation to stakes, fees, winning or prizes.
A club which holds a Club Premises Certificate under the Licensing Act 2003 will need to apply to a licensing authority for the necessary permits to have gaming machines on their premises.
We will determine this application. A club who does not have a Club Premises Certificate will also need to copy his application to the Gambling Commission and the Chief Officer of the local police force, who will be allowed to make objections on any application.