Application for a new grant/ Change of Name of a Prize Gaming Permit

Introduction

Guidance notes:

1. This form is to be used for an application for a grant (or to request a change of name) of a prize gaming permit under the Gambling Act 2005 Part 13 and Schedule 14. This form can be used for both new applications and for applications to convert an existing Section 16 permit under the Lotteries and Amusements Act 1976 in accordance with the Gambling Act 2005 Statutory Instrument 2006 / 3272.

2. This permit application is for prize gaming as defined in Section 288 Gambling Act 2005 as follows:
“Gaming is prize gaming for the purposes of this Act if neither the nature nor the size of a prize played for is determined by reference to -
(a) the number of persons playing; or
(b) the amount paid for or raised by the gaming.”

3. A number of statutory conditions apply to prize gaming permits under Section 293 Gambling Act 2005 as follows:

I. The first condition is compliance with such limits as may be prescribed in respect of participation fees (and those limits may, in particular, relate to players, games or a combination; and different limits may be prescribed in respect of different classes or descriptions of fee).

II. The second condition is that -

a) all the chances to participate in a particular game must be acquired or allocated on one day and in the place where the game is played,

b) the game must be played entirely on that day, and

c) the result of the game must be made public- (i) in the place where the game is played, and (ii) as soon as is reasonably practicable after the game ends, and in any event on the day on which it is played.

III. The third condition is that a prize for which a game is played, or the aggregate of the prizes for which a game is played- (a) where all the prizes are money, must not exceed the prescribed amount, and (b) in any other case, must not exceed the prescribed value.

IV. The fourth condition is that participation in the game by a person does not entitle him or another person to participate in any other gambling (whether or not he or the other person would also have to pay in order to participate in the other gambling).

4. The ‘prescribed’ ‘amount’ and ‘value’ are set-out in regulations, currently SI 2007 / available via www.opsi.gov.uk or from the Gambling Commission’s website. The current regulations are:
•
amount =
•
value =

5. The permit’s duration is 10 years. A renewal application must be made 2-6 months before the expiry date of the permit (Schedule 14 paragraph 18 Gambling Act 2005).

6. The fee for a new application for grant is £300. The fee for the conversion of an existing Section 16 Lotteries and Amusements Act 1976 permit is £100. The fee for a change of name is £25.

7. Applicants should be aware that this Licensing Authority has published a ‘Statement of Principles’ under Schedule 14 paragraph 8 (3) of the Gambling Act 2005 relating to prize gaming permits. The Statement is available via this authority’s website or via a request made to the contact details provided at the top of this form.

8. This licensing authority must notify the applicant of its grant / refusal of the application for a permit as soon as is reasonably practicable after that decision to grant / refuse has been made.

9. If an application has been made to convert an existing Section 16 Lotteries and Amusements Act 1976 permit before 31st July 2007, then the applicant can assume that, even where a decision has not been formally made by this licensing authority, his/her application is to be treated as granted from September 2007. Following this, a permit must be provided by this authority as soon as reasonably practicable.

10. These permits cannot be transferred. Change of name is only permitted where the permit holder changes his / her name or wishes to be known by another name (Schedule 14 paragraph 12(2)).

11. A Prize Gaming Permit authorises ‘prize gaming’ as defined at Section 288 Gambling Act 2005 which states:

Gaming is prize gaming for the purposes of this Act if neither the nature nor the size of a prize played for is determined by reference to-

(a) the number of persons playing, or
(b) the amount paid for or raised by the gaming.

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