Licence conditions & codes of practice for casinos

[administrator]

What are licence conditions?
There are four types of licence condition that may be attached to operating licences, under the Gambling Act 2005: general and individual conditions (which are attached by the Gambling Commission), conditions imposed by the Secretary of State (made through statutory instruments) and statutory conditions imposed by the Gambling Act 2005 itself. Licence conditions set out matters that must be complied with by licensees.

General licence conditions can be applied to an individual operating licence or a class of operating licence (for example, all betting operating licences).
Individual licence conditions can be applied to an individual operating licence. They are likely to address matters concerning an individual operator and their activities.
Conditions imposed by the Secretary of State may be applied to a class of operating licence.
Statutory conditions may be applied to a class of operating licence.
What are codes of practice?
We issue codes of practice under section 24 of the Gambling Act 2005, about the manner in which facilities for gambling are provided to ensure that:

gambling is conducted in a fair and open way
children and other vulnerable people are protected from being harmed or exploited by gambling
assistance is made available to people who are, or may be, affected by problems related to gambling.
Codes of practice are either:

social responsibility code provisions - which have the same status as licence conditions and must be adhered to by all licence holders
ordinary code provisions – these do not have the status of licence conditions but failure to take account of them can be used as evidence in criminal or civil proceedings. Ordinary licence conditions typically describe best practice.
How do I get a copy of the Gambling Commission’s Licence Conditions and Codes of Practice?
A copy the Licence conditions and codes of practice - October 2008 (LCCP) is available on our website.

Extracts from the LCCP, applicable to each type of licence, are also available on our website.

When a licence is issued, the licence holder will receive an extract of the LCCP, specific to the activities their licence allows them to carry out.

Should we make any changes to the full LCCP document, a revised copy will be sent to licence holders. This will be sent out before the revised conditions and codes of practice come into effect. This gives licence holders time to learn about how any changes will affect their business. We only make changes to the LCCP where necessary and based on our experience of implementing the conditions and codes. Changes are only made following consultation.

What supplements to the LCCP have been published since October 2008?
If required, we will publish supplements to accompany the current version of the LCCP. If we publish a supplement we will inform all licence holders affected by the changes.

Since the LCCP - October 2008 was published, three supplements have been issued:

Licence conditions and codes of practice supplement 4: primary gambling activity - January 2009 specifies the requirement for the primary gambling activity associated with specified non-remote operating licences to be offered in all associated licensed premises. This new licence condition and related code of practice provisions came into effect for the majority of licensees on 1 May 2009.
Licence conditions and codes of practice supplement 5: revision to licence condition 11 - February 2009 specifies revisions to the limits on society lottery proceeds and prizes. The Gambling Commission and the Department for Culture, Media and Sport (DCMS) both held consultations towards the end of 2008 on society lottery proceeds and prize limits. As a result, DCMS has raised the maximum proceeds for individual society lottery draws from £2 million to £4 million. As the maximum prize is 10% of the ticket proceeds this change means that a maximum prize of £400,000 is now possible for a single draw. The revised licence condition came into effect on 13 February 2009. This condition concerning lotteries gives effect to the changes to be implemented as a result. The condition remains the same as that published in October 2008 except for the amounts highlighted in the document. The change to the licence condition took effect from 13 February 2009. The Gambling Act 2005 (Variation of Monetary Limits) Order 2009 was approved by Parliament and came into effect on 4 February 2009.
Licence conditions and codes of practice supplement 6: casino gaming reserve - June 2009 specifies revisions to the formula used to calculate the gaming reserve which is required to be held by non-remote casino operators. The revision retains the basis on which the reserve is calculated (relating to the maximum stake permitted in casino games), but drops the additional requirements based on additional gaming tables or additional casinos. The revised licence condition came into effect on 1 July 2009.
Do Licence Conditions and Codes of Practice only apply to new licences?
No. Licence conditions and codes apply to new and existing licences, including:

any holder of a personal or operating licence issued under the Gambling Act 2005
converted society lottery operating licences which will replace current registrations under the Lotteries and Amusements Act 1976
gaming machine technical operating licences to continuing machine supply or maintenance (certificates issued under section 27 of the Gaming Act 1968)
any interim personal or operating licence a person holds (pending final determination of their licence application).
What happens if I do not comply with the licence conditions and codes of practice?
We have powers to take action against licensed operators who fail to comply with the conditions of their licence or codes of practice.

Related publicationsLCCP Supplement 6 casino gaming reserve - June 2009
Licence conditions and codes of practice - October 2008
Licence conditions and codes of practice 2009 - remote casino - December 2008
Licence conditions and codes of practice 2009 - casino - December 2008
Licence conditions and codes of practice 2009: changes from previous version - December 2008
Licence conditions and codes of practice supplement 4: primary gambling activity - January 2009