Councils Gain New Power to Resist Gambling Premises, but Key Reform Is Still Pending
New assessments could help English councils oppose gambling premises in saturated areas, but the wider legal change remains only a proposal.
English councils are set to gain a stronger evidence-based route to oppose new gambling premises in saturated areas. However, the Gambling Act 2005’s “aim to permit” requirement remains in force.
The Ministry of Housing, Communities and Local Government confirmed the position in a parliamentary answer issued on 3 September 2026. It said gambling impact assessments, once brought into force, will allow licensing authorities to adopt a presumption against applications covered by the assessment.
UK Parliament published the written answer in response to a question about the planned system.
What the new system could change
A gambling impact assessment would be a local, evidence-based policy. It would identify areas where additional gambling premises could conflict with the statutory licensing objectives.
Those objectives include preventing crime, ensuring that gambling is conducted fairly and protecting children and vulnerable people.
Where an assessment applies, a council could adopt a policy stating that a new premises licence should normally be refused. The existing presumption in favour of granting licences would not apply in the same way within that area.
The measure would not create an automatic ban. Each application would still have to be considered on its merits. An applicant could seek approval by showing that the proposed premises would remain reasonably consistent with the licensing objectives.
The relevant explanatory notes published on Legislation.gov.uk describe the framework and its intended operation.
The legal timetable is not complete
Parliament passed the English Devolution and Community Empowerment Act 2026. The Act received Royal Assent on 29 April 2026 and created the statutory framework for gambling impact assessments.
The relevant provisions are not yet in force. The government must still set a commencement date and issue supporting guidance.
The House of Commons Library said on 20 August 2026 that ministers expected the new system to be in place by the end of 2026. It also said that section 87 of the Act had not yet started operating.
The 3 September parliamentary answer therefore explains what councils will be able to do once the provisions take effect. It does not mean that every English council can currently reject applications under a gambling impact assessment.
A separate proposal would remove the “aim to permit” rule
The government’s second reform is at an earlier legal stage. The Department for Digital, Culture, Media and Sport plans to consult on repealing the “aim to permit” rule in the Gambling Act 2005.
The rule currently requires licensing authorities in Great Britain to aim to permit gambling premises where an application is consistent with the relevant codes, guidance, licensing objectives and the council’s gambling policy.
Section 153 of the Act also prevents councils from considering expected demand for the proposed facilities when deciding whether to grant a premises licence. The provision is set out in the Gambling Act 2005.
A government statement published on 2 September 2026 said the proposed repeal would give communities and elected representatives more influence over betting shops and adult gaming centres. It also said the measure would not amount to a blanket ban.
No consultation has changed the law. The “aim to permit” requirement remains in force unless Parliament later approves legislation removing it.
What applies now
- Gambling impact assessments: created by legislation, but not yet in force.
- Removal of the “aim to permit” rule: a government proposal, not enacted law.
- Current applications: councils must continue applying the existing Gambling Act framework until new provisions take effect.
- Geographical scope: the planned impact-assessment arrangements concern licensing authorities in England. They do not create one identical premises-licensing system for Scotland, Wales, Northern Ireland, the Channel Islands or the Isle of Man.
The practical effect could be greatest in town centres where councils argue that gambling premises have become concentrated. The process will depend on published evidence, consultation, local policy statements and individual licensing decisions.
Operators will retain the right to challenge licensing decisions through the relevant legal process. Councils will need to show that their policies are evidence-based and connected to the statutory licensing objectives, rather than reflecting general opposition to gambling premises.