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Maintain your licence every 5 years; report events in accordance with Part 3 of the Licence Conditions and Codes of Practice (link opens in a new window) Sign in Need to apply for a personal licence? If you don't currently hold a personal licence, you can apply online. There are two types of licence. Find out which licence you need. Operating and Personal Licences. Before any application can be submitted for a Gambling Premises Licence, an application for a Operating Licence must have been made to the Gambling Commission. For more information on Operating Licences and Personal Licences, please visit the Gambling Commission website.
This information is designed to set out how a criminal record can impact on getting a Personal Gambling Licence (known as a Personal Functional Licence).
Having a criminal record is not a bar to being issued with a Personal Functional Licence. However, it is important that you know what cautions or convictions you need to disclose and how they will be dealt with.
The Gambling Commission state that:
“any individual who performs any function which enables them to influence the outcome of gambling or relates to the receiving or paying of money in connection with gambling will require a Personal Functional Licence.”
Details of other types of gambling licence can be found on the Gambling Commission website.
When considering the suitability of an applicant, the Gambling Commission will take account of some of the following in deciding whether or not to issue a Licence:-
Guidance on completing the online Personal Functional Licence application can be found here.
Personal Functional Licences (PFL) are exempt from the Rehabilitation of Offenders Act. See here for further guidance.
The question about criminal records on the PFL application form is as follows:-
‘Please provide details of any criminal legal action which has been taken against you.
All current (i.e. unspent) convictions must be declared. In the case of convictions for relevant offences, previous (i.e. spent) convictions must also be declared’.
Details of relevant offences can be found here. Common offences defined as ‘relevant’ include theft, burglary and handling stolen goods.
It should be noted that the Gambling Commission will carry out Disclosure and Barring Service checks which will show all cautions and convictions unless they are eligible for filtering and for this reason, you may want to consider disclosing all cautions and convictions which would be declared on your DBS certificate.
The Gambling Commission state that they will not automatically refuse your licence application if you have a criminal record. In assessing your application they will take the following into account:-
They do say however:
‘We take a serious view when applicants do not state previous convictions on the application form and will always contact the applicant to ask why this was not declared. We check details of cautions, reprimands and spent convictions as well as current convictions’.
We’re looking for examples of where people with convictions have been granted a licence with a criminal record so that we can include details here to help give people confidence to apply.
If you’ve been granted a licence with a criminal record, please email us or get in touch to let us know the details – your personal details will be kept confidential and anonymous.
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