Licence - Gaming Machines

Broadly, any machine where people can insert money and stand to win more than a free game or their money back cannot be installed in any premises unless a Permit has been obtained under Section 34 of the Gaming Act 1968.  Video games, such as Space Invaders, are not included, nor are Skill with Prizes machines where, for example, quiz questions must be answered to win a prize.

Torbay Council has, since 1970, restricted the type of premises into which it will allow Amusement with Prizes machines to be installed in order to reduce or prevent their use by young people.  Since then, no permits have been issued to the following types of premises: -

• Shops (including buildings used for the carrying on of any retail trade or business, fried fish shops, hairdressers, undertakers, cash and carry stores, ticket agencies and receiving offices for goods to be washed, cleaned or repaired
• Offices, including Banks
• Industrial Buildings, i.e. Buildings used for the making, altering repairing finishing, cleaning, washing packing or canning or adapting for sale or breaking up or demolition of any article, or the getting, dressing or treating of minerals.
• Warehouses and repositories
• Buildings used for public worship or religious instruction
• Schools, orphanages, homes, institutions or other premises providing for the boarding, care instruction or maintenance of children
• Private residences
• Dentists and doctors' surgeries and waiting rooms
• Restaurants, cafes, snack bars, staff canteens, recreation rooms and buildings used solely for social or recreational activities were all excluded from the above provisions

Where a permit was granted, this would be limited to the installation of a maximum of TWO machines except in the case of holiday camps or places of considerable public resort where the maximum number of machines would be specified.

In July 1988, the Council extended the list of types of premises where, with effect from 1st August 1988, no new permits would be issued and, from 1st August 1991, no existing permits would be renewed.  These premises were: -

• Cinemas and theatres
• Video centres
• Takeaways and other establishments selling food
• Cafes and restaurants
• Taxi waiting rooms
• Community halls and centres
• Leisure and sports centres (unless the machines are situated in the Liquor Licensed Area
• Holiday flats

On the 24 November 2005, Torbay Council became the Licensing Authority for issuing permits for gaming machines for bars, i.e. premises with Premises Licence issued under the Licensing Act 2003. This responsibility was transferred to the Council from the Magistrates Court, however, responsibility for issuing section 34 permits to members clubs remained with the courts.

The Gambling Act 2005 has subsequently amended the legislation, so that in addition to Torbay Council’s own policy decisions, section 34 permits can from the 1 August 2006 only be issued for amusement machines premises, i.e. arcades and for premises ‘wholly or mainly use for the sale and consumption of alcohol, i.e. bars. This will therefore additionally exclude hotels and guesthouses, unless they have a bar, as well as staff canteens and private recreational areas.

In basic terms, this means that permits will now only be issued for bars and bona fide amusement arcades. Generally, where permits are issued for these types of premises, a maximum of two machines will be allowed and applications for greater numbers will be taken to committee for a decision, unless the application is a renewal. In the event that one or two machines are to be installed, a Site Notice detailing the application must be placed on the premises for 28 days inviting objections to be sent to the Council. Where the application relates to more than two machines, a similar Notice must also be placed in the local press. Each application will then be considered on its merits giving due consideration to all factors including the views of local residents and the Police.

There are two types of permit, which can be applied for, both will last for 3 years. The normal Section 34 permit is to install small value machines and costs £32. The other, issued under Section 34 (5E) of the Act, will permit the installation of larger All Cash Machines and costs £250 for arcades, however only £32 for applicants with Premises Licences, where the application is for the bar area. In this case, it will be necessary to exclude under 18s from the area where the machines are located or the whole premises and have greater supervision and signage to restrict entry.

Under the Gambling Act 2005 existing amusement arcades, whose existing permit expires between 1 September 2006 and 30 August 2007, do not have to re-apply for their section 34 permits, as they will be automatically renewed. However they will need to apply for new Premises Licences under the Gambling Act 2005, during a window of 30 April to 31 July 2007. Additional information is available on our webpage Gambling Act 2005, the Gambling Commission and the Department for Culture, Media and Sport.

The application/renewal forms are available for download (see Do It Online panel), or by contacting the Licensing Team. There is one for amusement arcades AWP003 and one for section 34’s in other premises AWP002.