Gambling Act 2005

172 Gaming machines E+W+S

(1) An adult gaming centre premises licence shall, by virtue of this section, authorise the holder—

[F1 (a) to make available for use on the premises a number of Category B gaming machines not exceeding 20 per cent of the total number of gaming machines which are available for use on the premises,]

(b) to make any number of Category C gaming machines available for use on the premises, and

(c) to make any number of Category D gaming machines available for use on the premises.

(2) A family entertainment centre premises licence shall, by virtue of this section, authorise the holder—

(a) to make any number of Category C gaming machines available for use on the premises, and

(b) to make any number of Category D gaming machines available for use on the premises.

(3) A casino premises licence for a regional casino using at least 40 gaming tables shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—

(a) each gaming machine is of Category A, B, C or D, and

(b) the number of gaming machines—

(i) is not more than 25 times the number of gaming tables used in the casino, and

(ii) is not more than 1250.

(4) A casino premises licence for a large casino using at least one gaming table, or for a regional casino using fewer than 40 gaming tables, shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—

(a) each gaming machine is of Category B, C or D, and

(b) the number of gaming machines—

(i) is not more than 5 times the number of gaming tables used in the casino, and

(ii) is not more than 150.

(5) A casino premises licence for a small casino using at least one gaming table shall by virtue of this section authorise the holder to make gaming machines available for use on the premises provided that—

(a) each gaming machine is of Category B, C or D, and

(b) the number of gaming machines—

(i) is not more than twice the number of gaming tables used in the casino, and

(ii) is not more than 80.

(6) The Secretary of State may by regulations—

(a) define “gaming table” for the purposes of subsections (3) to (5);

(b) provide that a gaming table is to be treated as being used in a casino for the purposes of those subsections only if used—

(i) for a specified purpose,

(ii) in specified circumstances, and

(iii) to a specified extent;

(c) provide for a number of tables are to be treated as if they were a single gaming table in specified circumstances.

(7) A bingo premises licence shall, by virtue of this section, authorise the holder—

[F2 (a) to make available for use on the premises a number of Category B gaming machines not exceeding 20 per cent of the total number of gaming machines which are available for use on the premises,]

(b) to make any number of Category C gaming machines available for use on the premises, and

(c) to make any number of Category D gaming machines available for use on the premises.

(8) A betting premises licence shall, by virtue of this section, authorise the holder to make up to four gaming machines, each of which must be of Category B, C or D, available for use.

(9) But subsection (8) applies to a betting premises licence in respect of a track only if the holder also holds a pool betting operating licence.

(10) A premises licence may not (whether by way of condition or otherwise)—

(a) make provision about the number or categories of gaming machine that may be made available for use that contradicts a provision of this section,

(b) make provision that contradicts a provision of regulations under section 236, 240 or 241, or

(c) make provision of a kind prohibited by regulations under any of those sections.

(11) The [F3 appropriate Minister] may by order amend a provision of this section so as to vary—

(a) the number of machines authorised by a specified kind of premises licence;

(b) the category of machines authorised by a specified kind of premises licence.

[F4 (12) In subsection (11) “the appropriate Minister” means—

(a) the Scottish Ministers, so far as, in the case of a betting premises licence in respect of premises in Scotland and not in respect of a track, the order varies—

(i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;

[F5 (aa) the Welsh Ministers, so far as, in the case of a betting premises licence in respect of premises in Wales and not in respect of a track, the order varies—

(i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;]

(b) otherwise, the Secretary of State.]

Textual Amendments

F1 S. 172(1)(a) substituted (13.7.2011) by The Gambling Act 2005 (Gaming Machines in Adult Gaming Centres and Bingo Premises) Order 2011 (S.I. 2011/1710), arts. 1, 2 (with arts. 4, 5)

F2 S. 172(7)(a) substituted (13.7.2011) by The Gambling Act 2005 (Gaming Machines in Adult Gaming Centres and Bingo Premises) Order 2011 (S.I. 2011/1710), arts. 1, 3 (with arts. 4, 5)

F3 Words in s. 172(11) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 52(3), 72(7) (with s. 52(6))

F4 S. 172(12) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 52(4), 72(7) (with s. 52(6))

F5 S. 172(12)(aa) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 58(1), 71(4) (with s. 58(3), Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)

Modifications etc. (not altering text)

C1 S. 172 modified (1.9.2007) by Categories of Gaming Machine Regulations 2007 (S.I. 2007/2158), regs. 1(b), 6(3)

Commencement Information

I1 S. 172 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)