Is there an automatic entitlement to Gaming Machines?
Section 282 of the Gambling Act 2005 (“the Act”) provides an automatic entitlement to make available two gaming machines (of category C or D – see 4. below for details) for use in alcohol licensed premises. To take advantage of this entitlement, the person who holds the on-premises licence issued under the Licensing Act 2003 (“the LA03”) must give notice to us of their intention to make gaming machines available for use, and must pay the prescribed fee. This is not an authorisation procedure – we have no discretion to consider the notification or turn it down. We can, however, remove the automatic authorisation in respect of any particular premises by making an order under section 284. That section provides for us to make such an order if: • provision of the machines is not reasonably consistent with the pursuit of the licensing objectives; • gaming has taken place on the premises that breaches a condition of section 282; for example, the gaming machines have been made available in a w
