Temporary Use Notices

13.1 Part 9 of the Act sets out the position in relation to temporary use notices. These 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. However, the same ‘set of premises’ may not be the subject of a temporary use notice 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.

13.2 The Licensing Partnership understands that the reference to a “set of premises” in section 218 of the Act is not the same as the reference to “premises” in part 8 of the Act. When considering whether a place falls within the definition of “a set of premises”, the Council will look at, amongst other things, the ownership/occupation and control of the premises.

13.3 The Licensing Partnership will object to notices where it appears that their effect would be to permit regular gambling in a place that could be described as one set of premises.

13.4 The principles that the Council will apply in issuing a counter-notice are the same as those in determining premises licence applications. In particular, the Council will aim to permit the provision of facilities for gambling under a temporary use notice subject to its view as to whether to do so accords with sec.153 of the Act (see section 6 and section 7).

Occasional Use Notices

13.5 Section 39 of the Act provides that where there is betting on a track on eight days or less in a calendar year, an occasional use notice may permit the betting without the need for a full premises licence.

13.6 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 upon which the betting is to take place is of a temporary, infrequent nature. The occasional use notice dispenses with the need for a betting premises licence for the track in these circumstances.

13.7 The Council has noted that the meaning of “track” in the Act covers not just a horse racecourse or dog track, but also any other premises on any part of which a race or other sporting event takes place or is intended to take place. This means that land that has a number of uses, one of which fulfils the definition of track, can qualify for the occasional use notice provisions. Land used temporarily as a track can qualify, provided races or sporting events take place or will take place there. The track need not be a permanent fixture.

13.8 The Council will provide the Commission with any requisite information about, for example, the tracks that have been subject to occasional use notices and the number of occasional use notices that have been submitted.