Temporary use Notices (TUN)
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 the use for gambling without the necessary operator’s licence.
The use of temporary use notices has been restricted so their use is restricted to providing facilities for equal chance gaming where those participating in the gaming are taking part in a competition, which is intended to produce a single overall winner. This gaming cannot be by way of a gaming machine
In effect, this limitation restricts the use of temporary use notices to games such as poker where a series of games may be played in order to produce a single winner when the gaming ceases. The linking of a number of different premises into a single gaming session is not permitted.
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 3 months before the first day specified in the notice for the use of the premises. A fee of £500 is payable to the licensing authority on the date that the notice is given.
In addition the person giving a notice must be serve a copy on –
- The Gambling Commission
- The Chief Officer of Police
- The Commissioners of Customs and Excise
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 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 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 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 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.