Occasional Use Notices and Temporary Use Notices
The Gambling Act 2005 provides two separate methods by which occasional betting activities or temporary gambling facilities in locations without the appropriate gambling premises licence can be authorised - these are occasional use notices and temporary use notices. Southampton City Council is the licensing authority for these matters within the city.
Occasional Use Notices – Section 39
What is an Occasional Use Notice
Occasional use notices (OUN) are intended to allow holders of Gambling Commission operating licences to provide betting facilities at tracks for short periods, without the need for a betting premises licence, where the event on which the betting is taking place is of a temporary nature and is infrequent. Examples of such locations would include point to point racecourses, motor racing venues and some cricket grounds.
What are the restrictions?
Occasional use notices can only be used for eight days or less in one calendar year in one location.
Can anyone object?
Provided that the notice will not result in betting facilities being available for more than eight days in a calendar year, there is no provision for counter-notices or objections to be made.
Who can provide betting facilities under an Occasional Use Notice?
Only holders of Gambling Commission betting operator’s licences can provide betting facilities under an occasional use notice.
Please note that betting operators cannot provide gaming machines at tracks by virtue of an occasional use notice. Gaming machines can be provided by betting operators only through betting premises licences, which refer to a specific licensed area.
How can an Occasional Use Notice be given?
A notice must be served on the licensing authority by the person who is responsible for the administration of events on the track or by the occupier of the track. A copy of the notice must also be served on the Police for the area where the track is located.
The notice must specify the day on which it has effect; notices may be given in relation to consecutive days, so long as the overall limit of eight days is not exceeded in the calendar year. Please see the related documents link to the right for the appropriate form.
What is the fee?
There is no fee associated with giving an occasional use notice
Temporary Use Notices - Section 214
What is a Temporary Use Notice?
A temporary use Notice (TUN) can allow the use of premises for gambling where there is no premises licence in force.
The provisions of the Gambling Act 2005 (Temporary Use Notices) Regulations 2007 restrict the activities authorised under temporary use notices to the provision of facilities for equal chance gaming, where the gaming is intended to produce a single overall winner.
Suitable venues for a temporary use notice might include hotels, conference centres, and sporting venues.
Who can give a Temporary Use Notice?
A temporary use notice may only be given by a person or company holding a relevant operating licence issued by the Gambling Commission. The gambling activities must fall within the activities which the operator is authorised to provide under their operating licence.
What are the restrictions?
The same set of premises may not be the subject of a temporary use notice for more than 21 days in any twelve 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 temporary use notice coming into effect. Failure to comply with the counter notice is an offence.
How much notice must be given?
A temporary use notice must be given to the licensing authority at least three months prior to the date when the notice is to have effect. A copy of the notice must also be given to the following responsible authorities:
The Police for the area where the premises are situated
The Gambling Commission
H.M. Revenue and Customs
How can a Temporary Use Notice be given?
A notice must be given to the licensing authority by the holder of operator’s licence. Copies of the notice must be sent to the Gambling Commission, the Police and H.M. Commissioners for Revenue and Customs. Please see the related documents link to the right for the appropriate form and contact details for the responsible authorities.
What are the fees?
The city council has set the fee of £500 for a temporary use notice and £50 for the issue of a copy of the endorsed notice.
Further Information
Guidance from the Gambling Commission, application forms and information from the Department for Culture Media and Sport can be obtained via the links on the right.
Contact information
Telephone: 023 8083 4439
Email: licensing@southampton.gov.uk
Fax: 023 8083 4061
Postal address:
Licensing Team
Southampton City Council
PO Box 1344
Southampton
SO15 1WQ
Document Exchange: DX 115710 Southampton 17
Personal callers:
Licensing Team
Southbrook Rise
4-8 Millbrook Road East
Southampton
SO15 1YG
Opening hours:
Members of the licensing team will normally be available at Southbrook Rise to assist personal callers on weekdays between 09:00 and 12:00 and between 14:00 and 16:00. We may be available at other times by prior appointment. In any event we advise you make an appointment wherever possible.
Please note that the addresses and numbers given above should only be used for communication with the licensing team.
Service of Documents
Please use the PO Box or Document Exchange addresses for the service of all applications and notices on the licensing authority; please do not send or deliver such communications to the Civic Centre, as your application, notice or representation will inevitably be delayed, which may cause difficulties or result in your representation not being considered or your application failing to meet the strict prescribed time limits.
We are not able to accept service of applications, notices etc by fax or e-mail. Please note that all applications must be accompanied by the appropriate fee and bear original signatures.
Last updated: 28 November 2008
