Gaming Machines

Gaming Act 1968, Section 34, 34(5E)

A gaming machine permit is required in respect of premises providing amusements with prizes by way of machines.

The most common applications of gaming machines are those commonly referred to as 'fruit machines' and 'one-armed bandits' which make small payments. Typically these machines would be found in amusement arcades as well as pubs and clubs

Prior to the introduction of the Licensing Act 2003, gaming machine permits for premises with a liquor licence were obtained from the licensing justices (i.e. the local magistrates' court).  In all other premises, application was made to the Council.

Since 24 November 2005 (when the 2003 Act came into full force), ALL new permits and renewals are now dealt with by the District Council.  An existing permit issued by the licensing justices will remain valid until it expires.

Applications to renew a permit which has expired since the 24 November 2005 should be submitted to South Bucks District Council Licensing Authority

Should your premises not be licensed for the sale of alcohol (which must have a bar for serving customers on the premises) there is a very strict criteria to qualify for a permit and you should seek further information from the District Council's Licensing Office on 01895 837222.

A Gaming Machine permit is required for any machine which:

• has been constructed/adapted for playing a game of chance by means of the machine, and
• has a slot or other aperture for accepting money or money's worth in the form of cash or tokens.

Whilst there is no statutory limit to the number of machines you may apply for the Licensing Authority will expect only applications for permits that permit no more than two machines.  Applications for permits in excess of that number will require a hearing before the Council's Licensing and Enforcement Committee or a Sub Committee of that Committee.

There are basically two types of Permit:

• s34(1) Gaming Act 1968 - for money prizes/tokens not exceeding £8
• 34(5E) Gaming Act 1968 - for money prizes/tokens exceeding £8 (These permits have additional conditions attached pertaining to restrictions on persons under 18 years of age). The maximum charge permissible for a game is 30p.

(a)Where the machine in question (Section 34(1) Gaming Act 1968) pays out a combination of cash, gifts and/or tokens, the maximum payout permissible is £5.00 in cash or £8.00 in cash and/or tokens.

There are no age restrictions in force for such machines and so children can also play them.

(b)Where the machine in question (Section 34(5E) Gaming Act 1968) pays out cash only, the maximum payout permissible is £25.00.

There is an age restriction in force for such machines, limiting access to persons aged 18 years and over only (i.e. they must be in an area of the premises which underage users cannot gain access to).

Permit Fees
Gaming Act 1968, Section 34(5e): £250.00 - Application for Arcade
Gaming Act 1968, Section 34: £32.00 - Non Alcohol Licensed Premises
Gaming Act 1968, Section 34: £32.00 - Alcohol Licensed Premises

A licence is not required where the machine in question is based only on a game of skill (for e.g. quiz machines), or is an amusement only machine and in either case no money or token is paid out by the machine.

Applicants are reminded that any gaming machines may be subject to gaming machine licence duty payable to H.M. Revenue and Customs under the Betting and Gaming Duties Act 1981

Useful Links and Information

• The Gambling Commission
• HM Revenue and Customs
• Department For Media & Culture