Section 25: Guidance to local authorities
107.Under the Act, licensing authorities (local authorities in England and Wales, licensing boards in Scotland, and, where applicable, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple) are required to undertake various regulatory functions in relation to a number of gambling activities. They are responsible for:
licensing of premises for gambling activities (Parts 8 and 9);
regulating members’ clubs and miners’ welfare institutes which wish to undertake certain gaming activities (Part 12 and Schedule 12);
regulating gaming and gaming machines in premises licensed to supply alcohol under the Licensing Act 2003. This includes granting licensed premises gaming machine permits (Part 12 and Schedule 13);
granting permits to family entertainment centres for the use of certain lower stake gaming machines (Part 10 and Schedule 10);
granting permits for prize gaming (Part 13 and Schedule 14); and
registering societies’ lotteries which fall below certain prescribed thresholds (Schedule 11, Part 5).
108.In order to assist licensing authorities to perform these various licensing and regulatory functions, this section requires the Commission to issue and publish guidance about how licensing authorities are to exercise their functions under the Act, including the principles to be applied in exercising those functions.
109.Licensing authorities are under a duty to have regard to such guidance.
110.Before issuing guidance to licensing authorities, subsection (4) requires the Commission to consult:
The Secretary of State,
The Scottish Ministers,
Commissioners of Customs and Excise,
Representatives of local authorities (as defined by this section),
Representatives of gambling businesses, and
People with knowledge of social problems that may be associated with gambling.
111.Depending on the nature of the code, or any revision, subsection (5) also requires the Commission to consult if, and to the extent it thinks it appropriate to do so:
Representatives of Chief Constables of police forces; and
Members of the public (in such a manner as the Commission thinks fit).