‘Aim to permit’ repeal could trigger wider Gambling Act reform

The government’s decision to scrap the ‘aim to permit’ principle could have consequences extending far beyond new betting shops, with licensing experts warning that the change may require Parliament to amend the Gambling Act 2005.

Prime Minister Andy Burnham announced the policy on 11 August, presenting it as a way to give councils and communities greater control over their high streets.

However, the legal route for implementing the change remains uncertain. Industry commentators believe opening the Gambling Act to remove the principle could allow politicians and campaign groups to push for significantly broader reforms.

‘Aim to permit’ written into Gambling Act

The principle appears in section 153 of the Gambling Act 2005, which states that licensing authorities should aim to permit premises to be used for gambling where applications comply with Gambling Commission guidance, licensing objectives and local policies.

Because the requirement is contained within the legislation itself, experts have argued it cannot simply be removed through revised guidance or a change in individual council policy. Independent licensing and compliance consultant Louisa Clark agreed that legislation would probably be necessary. However, it remains unclear whether the government will pursue a narrowly focused bill, make wider amendments to the existing Act or propose an entirely new gambling law.

“It may open Pandora’s box leading to a long and tortuous road to a new Gambling Act.” — Andrew Lyman, Gibraltar Gambling Commissioner

Campaigners could seek broader reforms

Any attempt to amend the Gambling Act could provide an opportunity for campaigners to expand the debate beyond the licensing of new retail premises.

The Association of Directors of Public Health has already welcomed the government’s announcement while calling for gambling legislation based more closely on public health principles. Its proposals include restrictions on gambling advertising, promotion and sponsorship.

Other questions could emerge around the powers of the Gambling Commission, the treatment of existing premises licences and the degree of discretion given to local authorities.

Lyman warned that allowing councils to revoke existing licences solely because of local opposition to gambling could create rule-of-law concerns. The government’s initial announcement principally referred to giving councils greater control over new betting shops and adult gaming centres.

Consultation will determine scope of changes

The Ministry of Housing, Communities and Local Government is expected to conduct a fast-track consultation on the proposals.

The government has said the measures will be consulted on shortly, with legislation following as soon as possible. Separate planning changes requiring adult gaming centres in England to obtain permission are expected to take effect at the beginning of 2027. However, implementing the repeal of ‘aim to permit’ within a similarly short period may prove difficult if primary legislation is required.

Clark cautioned that a wider overhaul is not inevitable and said the eventual scope will remain unclear until the government publishes its consultation and proposed legislation.

For retail gambling operators, the immediate announcement therefore creates uncertainty rather than a settled new licensing framework. What begins as a policy concerning high-street premises could remain narrowly focused, but it also gives gambling reform advocates an opportunity to reopen much wider arguments about the future of the Gambling Act.