Government's 'Aim to Permit' Repeal Necessitates New Legislation, Experts Warn

The UK government's recent decision to repeal the 'aim to permit' licensing rule for gambling premises will likely require new primary legislation to amend the 2005 Gambling Act, according to regulatory experts. Prime Minister Andy Burnham made the announcement on 11 August, framing the move as part of a commitment to give local councils greater control over their high streets.

Currently, the 'aim to permit' principle serves as a foundational component of the 2005 Act. It provides guidance for councils to permit licensing applications from gambling businesses so long as they have demonstrated adherence to the Gambling Commission’s policies and the core licensing objectives. Its removal represents a significant shift in premises licensing policy.

Legal and regulatory specialists have concluded that because the rule is integral to the existing statute, its repeal will necessitate an act of parliament. Louisa Clark, an independent compliance consultant and a former Gambling Commission manager, stated there is little choice but to amend the Gambling Act through primary legislation, noting that 'aim to permit' is "written directly into the Gambling Act itself." This assessment was echoed by Andrew Lyman, Gibraltar’s Gambling Commissioner and a former director at the UK Gambling Commission.

A fundamental change to an underlying principle of the 2005 Gambling Act would need to be changed by primary legislation.

The policy change was announced alongside new restrictions planned for vape shops. The government's plans also stipulate that Adult Gaming Centres (AGCs), which can offer round-the-clock access to gaming machines, will now be required to seek planning permission to open new venues.

The decision has prompted calls for more extensive gambling reform from public health bodies. The Association of Directors of Public Health (ADPH), which has previously advocated for a new Gambling Act based on ‘public health principles’, urged the government to go further.

The step to remove 'aim to permit' "must be matched by national action, including introducing a gambling advertising, promotion and sponsorship ban".

The Ministry of Housing, Communities & Local Government is set to lead a fast-track consultation on the changes, with a reported target for implementation by January 2027. However, industry commentators have described this timeline as ambitious, particularly if primary legislation is required. They point to the original 2005 Gambling Act, which took several years to progress from inception to implementation.

The exact form the legislative changes will take remains to be seen. An upcoming consultation is expected to provide clarity on whether the government will pursue a complete overhaul of the Gambling Act, introduce an entirely new Act, or table a more focused bill dealing specifically with the withdrawal of the 'aim to permit' clause.