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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order amends paragraph 65 of Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272 (C. 119)) (“the 2006 Order”) to make changes to the gambling entitlements authorised by a converted casino premises licence (the type of licence granted to persons who were already operating casinos when the Gambling Act 2005 came into force).

The amendments made by paragraphs (2), (3) and (5) of article 2 enable the holder of a converted casino premises licence relating to premises in England and Wales to make up to 80 gaming machines (including Category B gaming machines) available for use, where:

  • the gambling area in that casino is no less than 280m²,

  • the gaming machines are of Category B, C or D (see S.I. 2007/2158, amended by S.I. 2009/1502, 2011/1711, 2014/45 and 2018/1402), and

  • the number of gaming machines made available for use on the premises does not exceed five times the number of gaming tables also in use (see new sub-paragraph (6B) of paragraph 65 of Schedule 4) on the premises at any time.

In addition, new sub-paragraphs (6E) and (6F) of paragraph 65 of Schedule 4 to the 2006 Order describe when two or more casinos at the same location or immediately adjacent to each other, each authorised by a converted casino premises licence, are to be treated as connected so that the maximum number of gaming machines that may be made available for use in total across all of those casinos (taken together) is limited to 80.

New sub-paragraph (6G) of paragraph 65 of Schedule 4 to the 2006 Order provides that as soon as gaming machines are made available in a casino under a converted casino premises licence in accordance with new sub-paragraph (6)(za) of paragraph 65, that licence ceases to entitle the holder to make gaming machines available for use on the premises in accordance with sub-paragraph (6)(a) or (b) of paragraph 65.

By paragraph (4) of article 2, a converted casino premises licence also allows betting in casinos covered by a converted casino premises licence in England and Wales.

Paragraph (5) of article 2 creates definitions to support the amendments to paragraph 65 of Schedule 4 to the 2006 Order. In particular, the definition of “gaming table” (which is relevant to the gaming machine to gaming table ratio) matches that for section 172(3) to (5) of the Gambling Act 2005, as set out in the Gambling Act 2005 (Gaming Tables in Casinos) (Definitions) Regulations 2009 (S.I. 2009/1970, as amended by S.I. 2025/503).

Article 3 requires the Secretary of State to carry out a review of the amendments to the 2006 Order made by this Order, and to publish a report setting out the conclusions of the review. The first report must be published before the end of 5 years beginning with the day on which this Order comes into force, and subsequent reports must be published thereafter at intervals not exceeding 5 years.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary and public sectors is available from the Department for Culture, Media and Sport, 100 Parliament Street, London SW1A 2BQ. This document is published alongside this instrument and its Explanatory Memorandum on www.legislation.gov.uk. Hard copies of these documents are available from the same postal address.