The UK government’s plan to scrap the Gambling Act 2005’s aim to permit licensing principle could trigger a wider legislative overhaul of Britain’s gambling framework, according to iGaming Business. The move, announced on 11 August as part of a commitment to give councils greater control over their high streets, would remove the principle guiding local authorities to approve gambling-premises licences where operators meet Gambling Commission policy, guidance and licensing objectives.
Under the current regime, aim to permit has guided council licensing decisions since the Gambling Act came into force. The reform would also require adult gaming centres offering 24-hour access to gaming machines to obtain planning permission, adding a planning requirement to the proposals affecting land-based gambling premises.
Primary legislation looks unavoidable
Andrew Lyman, Gibraltar’s Gambling Commissioner and a former UK Gambling Commission director, said changing a foundational principle of the Act would require primary legislation rather than guidance or policy changes. He also said an attempt to address the issue through planning changes could be difficult to implement, create legal conflicts and lead to judicial review.
Louisa Clark, an independent licensing and compliance consultant and former Gambling Commission compliance manager, similarly said the Act itself would need to be amended because aim to permit is written directly into the legislation. She said the eventual approach could involve a bill focused on withdrawing the principle, a broader overhaul of the Gambling Act or a new Act.
A fast-track consultation led by the Ministry of Housing, Communities & Local Government is reportedly aiming for implementation by January 2027. Industry commentators have described that timetable as ambitious if primary legislation is needed, particularly because the current Gambling Act took several years to move from inception to implementation.
Wider reform pressure builds
Lyman said changing primary legislation could broaden debate over the government’s overall approach to gambling, creating an opportunity for campaigners and politicians to press for wider reform. The Association of Directors of Public Health has called for a new Gambling Act based on public health principles and for a ban on gambling advertising, promotion and sponsorship.
The consultation will be central to determining how the proposal develops. Clark cautioned that a new Gambling Act should not be treated as inevitable before the consultation and any draft bill have been published, and said the eventual scope of reform remains unclear.
Lyman also opposed proposals that could allow councils to revoke existing premises licences without cause, arguing that such powers would raise rule-of-law concerns. The prospect of changes to existing licences remains a concern for the retail gambling sector as the consultation process begins.
Source: iGaming Business
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