Temporary Use Notices guidance

A Temporary Use Notice (TUN) will allow the use of premises for gambling where there is no Premises Licence, but where a gambling operator wishes to use the premises temporarily for providing facilities for gambling. Premises that might be suitable for a TUN would include hotels, conference centres, and sporting venues.

A notice may not be given in respect of a vehicle.

A TUN may only be granted to a person or company holding a relevant Operating Licence issued by the Gambling Commission (for example, the holder of a Betting Operating Licence could apply to provide betting facilities at a snooker tournament).

Activities which may be specified in a temporary use notice

Providing facilities for any form of equal chance gaming where those participating in the gaming are taking part in a competition which is intended to produce a single, overall winner.

Equal chance gaming is defined in Part 8 of the Gambling Act 2005 as:

• not involving playing or staking against a bank, and
• the chances are equally favourable to all participants.

Examples of the above are the provision of facilities for Betting or Bingo.

The reference to providing facilities for equal chance gaming does not include providing such facilities in circumstances where any person participating in the gaming does so by means of a gaming machine.

Application Procedure

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; and
• any periods during the previous 12 months during which a TUN has had effect in respect of the premises.

A TUN must be given not less than 3 months and one day before the day on which the gambling event will begin.

In addition to the licensing authority, a copy of the notice must be served on the following responsible authorities no later than 6 days after the date on which it is sent or delivered to the Licensing Authority:

The Gambling Commission -
Victoria House, Victoria Square, Birmingham B2 4BP.
Telephone: 0121 230 6666.
Email: [email protected]
Gambling Commission website

The Chief Officer of Police
Devon & Cornwall Police, Licensing Department, Launceston Police Station, Moorland Road, Launceston, Cornwall. PL15 7HY
Telephone: 01566 7705800
Email: [email protected]

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 will send a written acknowledgement to the person who gave the notice.

The same set of premises may not be the subject of a TUN for more than 21 days in any 12-month period, but may be the subject of several notices provided that the total does not exceed 21 days.

Should this period be exceeded, the licensing authority will issue a counter-notice that has the effect of stopping the TUN coming into effect. Failure to comply with the counter-notice will be an offence.

Any responsible authority served with a TUN can within 21 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 and completion of all proceedings must have taken place within six weeks from the date of initial receipt.

Where a hearing is held the Licensing Authority may decide to serve a counter-notice and may provide for the TUN:

• 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 at 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 TUN is received the Licensing Authority must endorse a copy of the notice and return it within 21 days.

The TUN must be displayed on the premises whilst the specified activity is being undertaken and produced on request to a:

• Constable;
• Gambling Inspector;
• Authorised Local Authority Officer.

Fees

1. The fee payable under section 219(3)(b) of the Gambling Act on giving a temporary use notice shall be £25.00.
2. The fee payable under section 227(6)(a) of the Gambling Act for the replacement of an endorsed copy of a temporary use notice shall be £10.50.