Temporary and occasional use notices explained

Most gambling in Great Britain has to take place in premises with a gambling premises licence. Two exceptions in the Gambling Act 2005 let it happen somewhere else for a short time: a temporary use notice, often used for poker tournaments in hotels or conference venues, and an occasional use notice, which allows betting at a sports ground or other “track” on a few days a year. This guide explains both, and the separate rules for private games and fundraising nights. For permanent venues, see how local gambling premises licensing works.

In short

A temporary use notice can be given only by a company or person holding a Gambling Commission operating licence. It allows gambling for no more than 21 days in any 12 months at the same set of premises.
Under a temporary use notice, the only gaming allowed is equal chance gaming, such as poker, in a tournament meant to produce a single overall winner. Cash games and gaming machines are not allowed.
An occasional use notice allows betting at a track, which can include a football ground, golf course or even farmland used for a point-to-point, on no more than eight days in a calendar year.
Home games and fundraising casino or race nights follow separate rules, and these do not need either notice.
These rules apply in England, Wales and Scotland. Northern Ireland has its own law.

Why notices exist

The Commission’s guidance to licensing authorities (opens in a new tab) says it is an offence to provide facilities for gambling unless the required permissions are in place or an exemption applies. A premises licence from the local council (or, in Scotland, the licensing board) is the usual permission. Temporary and occasional use notices are exemptions written into the Act, in section 214 (opens in a new tab) and section 39 (opens in a new tab). Neither is a licence. Both are notices given to the licensing authority for the area.

Temporary use notices

The Commission says a temporary use notice (TUN) allows premises such as hotels, conference centres or sporting venues to be used for gambling for a limited time. A notice can also cover a passenger vessel, or a vessel at a fixed place, but not a vehicle. TUNs are often, but not only, used to run poker tournaments.

Who can give one

Under section 215 (opens in a new tab) of the Act, only the holder of a Gambling Commission operating licence can give a TUN, and only for activities its operating licence already authorises. A venue, club or individual without an operating licence cannot use one. The Commission’s poker guidance (opens in a new tab) gives the example of casinos running poker tournaments at temporary venues.

What it can be used for

The Gambling Act 2005 (Temporary Use Notices) Regulations 2007 (opens in a new tab), as summarised by the Commission, limit a TUN to:

equal chance gaming, where players compete against each other rather than against the house, with each tournament intended to produce a single overall winner;
gambling of a form the operator’s licence covers;
a maximum of 21 days in any 12-month period for a named set of premises.

Gaming machines may not be made available under a TUN. The Commission says cash games, where each hand produces a winner, are not permitted either. A tournament can still have qualifying rounds, each with its own winner who goes through to the next stage. In a licensed casino, poker can be equal chance or played against the house, but under a TUN it can only be equal chance poker.

The 21-day limit applies to a whole “set of premises”, so an exhibition centre cannot give a separate 21-day notice for each of its halls. Section 218 (opens in a new tab) of the Act says the days add up across every notice in the 12 months.

How a notice is given

The Commission’s guidance on TUN procedure (opens in a new tab) says:

the operator must give the notice to the licensing authority for the area at least three months and one day before the event starts, and pay a fee;
the notice must state the type of gaming, the premises, the dates and times, any TUN that has had effect there in the previous 12 months, and the nature of the event;
copies must go to the Gambling Commission, the police and HM Revenue and Customs, and to any other licensing authority whose area the premises fall in. The notice and copies must reach everyone within seven days of the date of the notice. If these requirements are not met, the event will be unlawful.

Objections, counter-notices and appeals

The licensing authority and the bodies sent copies can object within 14 days, having regard to the licensing objectives. If there are objections, the authority must hold a hearing unless everyone agrees one is unnecessary. It can then issue a counter-notice stopping the TUN, limiting it to certain activities or times, or adding conditions. It must give reasons. If there are no objections within 14 days, the authority must endorse the notice and return it. The Commission says all proceedings must be completed within six weeks of the notice being received.

The guidance on appeals (opens in a new tab) says the operator, or anyone entitled to a copy of the notice, can appeal to the magistrates’ court (or, in Scotland, the sheriff court) within 14 days of being told the decision.

At the event

The Commission’s guidance on endorsement (opens in a new tab) says a copy of the TUN must be displayed prominently on the premises while the gambling takes place, and it is an offence not to produce the endorsed notice when asked by a constable, an HM Revenue and Customs officer, an enforcement officer or an authorised council officer. An operator can withdraw a notice at any time, and days not used do not count towards the 21-day limit. For large events in stadiums or arenas using tablets or other devices, the Commission says operators may need to hold a remote operating licence to run certain devices.

Occasional use notices: betting at tracks

Section 39 of the Act lets betting take place at a track without a premises licence, on up to eight days in a calendar year, under an occasional use notice (OUN).

What counts as a track

The Commission’s guidance on what constitutes a track (opens in a new tab) says it is not just a racecourse or dog track. It covers any premises on any part of which a race or other sporting event takes place, or is intended to take place. Its examples elsewhere in the guidance include a football ground, golf course or athletics stadium. Land with several uses can qualify, such as agricultural land used for a point-to-point meeting.

Who gives it and how

Under section 39, an OUN can be given only by the person responsible for the administration of events on the track, or by an occupier of the track. It must be given in writing to the licensing authority and copied to the police: the chief officer of police in England and Wales, or the chief constable in Scotland. Each notice covers one day, and notices can cover consecutive days.

The Commission’s guidance on OUN procedure (opens in a new tab) says the process is different from a TUN. Provided the eight-day limit is not exceeded, there is no provision for objections or counter-notices. A “day” runs from midnight to midnight, so an event running past midnight counts as two days. The eight days are per calendar year from 1 January, not any 12 months. Gaming machines cannot be provided at a track under an OUN.

Misuse of occasional use notices

In its guidance on use and misuse of OUNs (opens in a new tab), the Commission says some local sporting clubs and other venues have used contrived sporting events to become a “track”, mainly so that people can bet on events elsewhere, such as the Cheltenham Festival or the Grand National meeting.

Fundraising casino and race nights

The Commission’s guidance to licensing authorities says it is illegal to organise a commercial casino night outside a licensed casino. A licensed operator can use a TUN instead, but only for equal chance tournament gaming. A non-commercial casino night (opens in a new tab), where none of the money raised is used for private gain, can run without a licence if it is run as non-commercial prize gaming, non-commercial equal chance gaming or private gaming. The limits for non-commercial equal chance gaming are the same as for fundraising bingo: £8 per person per day and prizes below £600 (up to £900 for the final of a series). See bingo and prize gaming rules for how these work.

A non-commercial race night (opens in a new tab), where the “horse” is chosen purely by chance with no odds or form, can be run in the same ways, or as an incidental lottery. A fundraising race night run as a betting event needs either a track premises licence or, if there is none, an OUN. The Commission says such a race night can be held at a sporting venue under an OUN even if the race being bet on is not held there or at the same time. For raffles and incidental lotteries, see lotteries, raffles and scratchcards.

Home games and private betting

The Commission’s guidance on poker as private gaming (opens in a new tab) says private gaming can take place anywhere the public do not have access, including a workplace. No charge can be made for taking part, and a deduction from stakes or winnings counts as a charge, even if it is called “voluntary”. Private gaming must be equal chance, except for two kinds:

domestic gaming, in a private home, on a domestic occasion, with no charge or levy for playing;
residential gaming, in a hall of residence or hostel not run as a business, where more than half the players are residents.

The Commission warns that people joining a club shortly before an event, so that they can take part, are likely to remain members of the public, so the event would not be private. According to its guidance on private betting (opens in a new tab), betting between people who live in the same home, or between people employed by the same employer, is private betting and does not need a licence.

Poker in pubs and clubs has its own limits: see bingo and prize gaming rules.

Northern Ireland and getting help

Temporary and occasional use notices are part of the Gambling Act 2005, which does not apply in Northern Ireland: see gambling law in Northern Ireland. A TUN or OUN is given to the licensing authority for the area where the event takes place. For what councils can and cannot take into account, see how local gambling premises licensing works.

If gambling at an event or anywhere else is causing you problems, free, confidential support is available from the National Gambling Helpline on 0808 8020 133 (England and Scotland) and the NHS All-Wales Gambling Helpline on 0808 2819 265. See safer gambling and where to get help.