Gambling Act 2005 Explanatory Notes

Section 23: Policy for licensing and regulation

95.Once established, the Commission will be responsible for licensing gambling operators and personnel working in the gambling industry under the provisions of Part 5 (operating licences) and Part 6 (personal licences) of the Act. This will be the primary licensing activity of the Commission, although the Act also provides it with other regulatory and advisory functions concerned with the proper conduct and control of gambling in Great Britain. The Commission will have investigation, enforcement and prosecution powers.

96.This section requires the Commission to prepare, publish, and keep under review, a statement that sets out the principles which will govern the exercise of its functions, and, in particular, explain how such principles will assist the Commission in its pursuit of the licensing objectives. This statement will underpin the work of the Commission.

97.Examples of specific matters for inclusion in the statement are: the principles, practice and procedure which the Commission will apply in considering applications for operating and personal licences under Parts 5 and 6.

98.Before issuing or revising a statement, subsection (5) provides that the Commission must consult the following:

  • The Secretary of State;

  • Representatives of local authorities (including, in Scotland, licensing boards);

  • Representatives of Chief Constables of police forces;

  • Representatives of gambling businesses;

  • Commissioners of Customs and Excise;

  • People with knowledge of social problems that may be associated with gambling; and

  • The public, to such and extent, and in such a way as it thinks appropriate.

99.The statement and any revisions to the statement must be published.

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