Temporary and occasional use notices
Occasional Use Notice
Where there is betting on a track on eight days or less in a calendar year, betting may be permitted by an Occasional Use Notice. The occasional use notice dispenses with the need for a betting premises licence for the track in these circumstances
The intention behind Occasional Use Notices is to permit licensed betting operators (with appropriate permission from the Gambling Commission) to use tracks for short periods for conducting betting where the event the betting is to take place is of a temporary infrequent nature.
Occasional Use Notices may not be relied upon for more than eight days in a calendar year.
A notice must be served by a person who is responsible for the administration of events on the track or by an occupier of the track. The notice must be served on the licensing authority and copied to the chief officer of police for the area in which the track is located.
The notice must specify the day on which it has effect. Notices may be given in relation to consecutive days, so long as the overall limit of eight days is not exceeded in the calendar year.
Provided that the notice will not result in betting facilities being available for more than eight days in a calendar year, there is no provision for counter notices or objections to be submitted.
The Act does not require the applicant or the authority to notify the Gambling Commission that an Occasional Use Notice has been given.
There is no fee for this function.
Temporary Use Notice
A person holding the appropriate operating licence issued by the Gambling Commission can serve a notice on the licensing authority regarding the temporary use of a premises for:
- a casino
- facilities for the playing of bingo
- use of a gaming machine
- other facilities for gaming
- facilities for betting.
The notice must be in the prescribed form and set out details of:
- The activity to be carried out.
- The premises where they will be carried out.
- The period of time during which the notice is to have effect.
- The times of day during which the activity is to be carried on.
- Any periods during the previous 12 months during which a temporary use notice has had effect in respect of the premises.
A temporary use notice must be given at least three months before the first day specified in the notice for the use of the premises.
In addition a copy of the notice must be served on:
- The Gambling Commission
- The Chief Officer of Police
- HM Revenues and Customs.
If premises are situated within two licensing authorities the notice must be served on both authorities.
As soon as practicable after receiving the notice the licensing authority must send a written notice to the person who gave the notice.
A set of premises may not be used for gambling under a Temporary Use Notice for more than 21 days in any rolling 12 month period. This may consist of more than one Temporary Use Notice provided the total number of days does not exceed 21 days.
If a Temporary Use Notice is served on the licensing authority, and its effect would be that the premises will be used for more than 21 days in the previous 12 month period, the licensing authority must serve a counter notice.
The previous 12 months means a period of 12 months ending on the last day of the period specified in the Temporary Use Notice.
Any person served with a Temporary Use Notice can within 14 days of receipt by the licensing authority object by giving notice to the licensing authority (This includes the licensing authority’s licensing officers). If a notice is served a hearing must be held within two months from the date of receipt.
Where a hearing is held the licensing authority may decide to serve a counter notice and may provide for the Temporary Use Notice:
- not to have effect
- to have effect only in respect of a specified activity
- to have effect only in respect of activity carried on during a specified period of time or a specified time of day
- to have effect subject to compliance with a specified condition.
The decision of the Licensing Sub Committee may be subject to an appeal to the Magistrates Court by any persons who are party to the hearing.
If no objection to a Temporary Use Notice is received the licensing authority must endorse a copy of the notice and return it within 21 days.
The Temporary Use Notice must be displayed on the premises whilst the specified activity is being undertaken and produced on request to a:
- Gambling Inspector
- Authorised Local Authority Officer.