A qualifying alcohol-licensed pub can generally make up to two Category C or Category D gaming machines available under the automatic entitlement provisions, provided the premises licence holder has notified the local licensing authority and paid the prescribed fee.
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If a pub wants more than two fruit machines, it generally needs to obtain a licensed premises gaming machine permit from its licensing authority.
This is one of the most common questions asked by landlords considering fruit machine hire.
Can a Pub Automatically Have Two Fruit Machines?
There is an automatic entitlement under the Gambling Act 2005 for qualifying alcohol-licensed premises.
This can allow up to two Category C or D gaming machines to be made available.
However, “automatic entitlement” doesn’t mean a landlord should simply install two machines without doing anything else.
The alcohol premises licence holder must give notice to the relevant licensing authority of their intention to make gaming machines available and pay the prescribed notification fee.
What Fruit Machine Categories Can a Pub Have?
The automatic entitlement relates to Category C and Category D machines.
Category C is the category most commonly associated with cash-prize pub fruit machines.
Current Category C limits are:
Maximum stake: £1
Maximum prize: £100
Category D includes various lower-stake machines with different prize limits.
Can a Pub Have More Than Two Fruit Machines?
Yes, potentially.
A licensing authority can issue a licensed premises gaming machine permit allowing a specified number of additional Category C or D machines to be made available on qualifying alcohol-licensed premises.
However, there is an important detail.
Where a permit specifies the number of gaming machines authorised, that permit replaces the automatic entitlement to two machines rather than being added to it.
For example, if a permit authorises four machines, this does not normally mean four machines plus another two under the automatic entitlement.
Who Issues the Gaming Machine Permit?
The relevant local licensing authority deals with licensed premises gaming machine permits.
For most pub operators, this means contacting the licensing department of the relevant council.
The process and current fees should be checked with the authority responsible for the premises.
How many fruit machines can a pub have without a gaming machine permit?
Qualifying alcohol-licensed premises can have up to two Category C or D machines under the automatic entitlement after satisfying the notification requirements.
Do I need to tell the council?
Yes. To rely on the automatic entitlement, the alcohol licence holder must notify the licensing authority and pay the prescribed fee.
Can I have three fruit machines?
Potentially, but more than two generally requires a licensed premises gaming machine permit.
Can I have four fruit machines?
A licensing authority may issue a permit specifying the number of Category C or D machines authorised.
Does a permit give me two extra machines?
No. A permit specifying a number of machines effectively replaces the automatic two-machine entitlement.
Can both of my machines be Category C?
The automatic entitlement allows up to two machines from Category C or D, subject to the applicable requirements.
Can children play pub fruit machines?
Under-18s cannot play Category C machines. Category D machines have different age rules.
Looking for Fruit Machines for Your Pub?
If you’re considering fruit machine hire for a pub, first establish how many machines your premises is authorised to provide.
FruitMachineHire.com provides information about Category C and D machines, pub gaming-machine requirements and fruit machine hire options.
Not completely.
Holding the relevant alcohol premises licence can provide access to the automatic entitlement, but the licence holder still needs to notify the licensing authority and pay the prescribed fee before relying upon it.
This is why describing the process simply as “pubs don’t need permission for two fruit machines” can be misleading.
There are still requirements that need to be followed.
What Happens if I Want Three Fruit Machines?
A pub wanting more than the automatic entitlement should speak to its licensing authority about a licensed premises gaming machine permit.
The licensing authority considers the application under the applicable Gambling Act provisions.
Can I Have Two Category C and Two Category D Machines?
Not under the two-machine automatic entitlement.
The entitlement is for up to two machines from Category C or D.
For example, this could potentially be two Category C machines, two Category D machines or one of each, subject to the applicable requirements.
It does not create an automatic entitlement to four machines.
Can Under-18s Play Pub Fruit Machines?
It depends on the machine category.
Category C machines are adult-only.
Category D machines can be played by under-18s, although the venue must still comply with all applicable rules concerning machine location and operation.
Can the Automatic Entitlement Be Removed?
Yes.
A licensing authority can remove the automatic authorisation in certain circumstances—for example, where providing the machines is not reasonably consistent with the licensing objectives, requirements have been breached, the premises are mainly used for gaming, or relevant offences have occurred.
This is another reason why pubs should treat gaming-machine compliance as an ongoing responsibility.
How Many Fruit Machines Should a Pub Have?
The legal maximum isn’t necessarily the same as the commercially appropriate number.
Landlords should also consider:
- Size of the pub
- Available floor space
- Customer demand
- Machine performance
- Existing entertainment
- Positioning of machines
- Age controls
- Cost of hire
- Maintenance arrangements
- Licensing requirements
For some venues, one well-positioned machine may be sufficient. Others may have demand for additional machines and choose to apply for a permit.
Hiring Fruit Machines for a Pub
Before arranging pub fruit machine hire, tell the supplier how many machines you currently operate and what permissions the premises holds.
The supplier should also be appropriately authorised for the activities it undertakes.
