Temporary use notice (gambling operator)

There is provision in the Act for temporary use notices, which allow the use of premises for gambling where there is no premises licence but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling.

The temporary use notice may only be granted to a person or company holding a relevant operating licence, and the same set of premises may not be the subject of a temporary use notice for more than 21 days in any 12 month period, although it may be subject of several notices provided that the total does not exceed 21 days.

The temporary use notice applies to a "set of premises" and thus prevents one large set of premises from having a temporary use notice in effect for more than 21 days in a year by giving notification in relation to different parts of the premises. The Licensing Board considers that the determination of what constitutes a "set of premises" will be a question of fact in the particular circumstances of each notice that is given. In considering whether a place falls within the definition of a "set of premises" the Licensing Board will look at, amongst other things, the ownership/occupation and control of the premises. The Licensing Board will be ready to object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises.

In deciding whether or not they wish to give notice of objection to the notice, the Licensing Board will have regard to the licensing objectives. The Licensing Board will aim to permit the provision of facilities for gambling under a temporary use notice in so far as the Licensing Board think it accords with Section 153 of the Act.

Further information

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