Gambling Act ‘Aim to Permit’ Could Be Undermined by New Proposals

Members of the House of Lords have begun further examination of the English Devolution and Community Empowerment Bill (EDCE), which is currently in its report stage and due to conclude on 13 April 2026.

An amendment tabled by Baroness Taylor of Stevenage proposes introducing Gambling Impact Assessments (GIAs) by inserting new provisions into the Gambling Act 2005.

"Clause 63, page 97, line 33

at end insert—

“(2A)Where Natural England requests, or the Secretary of State is minded to make, an amendment to an EDP that—

(a)increases the maximum amount of development to which the EDP may apply, as specified under section 54(5),

(b)changes the development area to include a new area to which the EDP does not currently apply, or

(c)adds new conservation measures that are of a kind not currently included in the EDP,

the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended.” – Baroness Taylor of Stevenage’s amendment, Clause 63

If adopted, the changes would allow local authorities to assess whether granting gambling premises licences is consistent with licensing objectives, potentially shifting how decisions are made under the long-standing “aim to permit” framework.

New powers for local licensing authorities

Under the proposal, licensing authorities would be able to publish a Gambling Impact Assessment where they believe issuing licences may not align with licensing objectives.

This could be based on:

• The cumulative impact of gambling premises in a specific area
• Other local factors linked to licensing objectives

The amendment applies to several types of premises licences, including:

1. Bingo premises
2. Adult gaming centres
3. Family entertainment centres
4. Betting premises

Authorities would also be able to limit the number of licences in certain areas, provided they present supporting evidence within the assessment.

Each GIA would need to outline clear reasoning and be subject to periodic review, with any updates or withdrawals published accordingly.

Presumption to refuse applications

A key element of the proposal is its impact on licence applications.

Where a GIA is in place and an authority has stated within its Statement of Gambling Principles that applications will generally be refused, it would be lawful to reject applications on that basis alone.

However, the amendment includes a safeguard. If an applicant can demonstrate, with supporting evidence, that their proposal is consistent with the licensing objectives or the criteria set out in the GIA, a refusal could be deemed unlawful.

This introduces a more evidence-driven process for both authorities and operators.

Concerns over the ‘aim to permit’

The proposals have prompted debate across the gambling sector, particularly around their potential impact on the “aim to permit” principle within the Gambling Act 2005.

This principle has traditionally required authorities to approve applications where they are reasonably consistent with licensing objectives. Critics argue that introducing GIAs and a presumption to refuse could shift the balance towards restriction.

Supporters, however, say the changes would give councils greater flexibility to respond to local concerns and manage gambling provision more effectively.

As the EDCE Bill continues through Parliament, the outcome of the amendment could have significant implications for operators, local authorities and the wider UK gambling landscape.