Explanatory Notes

Gambling Act 2005

2005 CHAPTER 19

7 April 2005

Territorial Extent

Territorial limits – vessels and aircraft

Schedule 6: Exchange of information: persons and bodies

Part 5: Operating Licences
Section 90: Casino operating licence

274.Part 1 provides a definition of casino, and gives the Secretary of State powers to define categories of casino. Under subsection (1) the Commission or the Secretary of State can impose conditions on any casino operating licence which restricts the type of casino game that can be made available. Under the Gaming Act 1968 these restrictions were imposed by secondary legislation. Under the Act the Commission has the power to achieve this by licence condition, or the Secretary of State may do so by regulations.

275.Subsection (2) provides that the Commission may specify rules for casino games or any equal chance game played in a casino. Again, this power replaces the position under the Gaming Act where these matters were prescribed in secondary legislation.