Administrative / Public Law · The Administrative Court (Queen's Bench Division)
British Casino Association Ltd & Ors, R (on the application of) v Secretary of State for Culture & Media & Ors
Checked against the judgment on 28 August 2026 · how we verify
Facts
The Gambling Act 2005 introduced a new licensing regime for casinos, dividing them into regional, large and small categories and capping the number of premises licences at one regional, eight large and eight small. Casinos in each category enjoy markedly greater gaming machine entitlements than those licensed under the Gaming Act 1968, and the larger categories may also offer bingo and betting. There are 138 existing casinos operating under the 1968 Act, many of them below the minimum size for a licensed casino under the new Act. The Secretary of State made a transitional order on 6 December 2006, laid before Parliament on 8 December and in force from 1 January 2007, providing by paragraph 65 of Schedule 4 for conversion of 1968 Act licences into converted casino premises licences, restricted to 20 gaming machines of Category B, C or D (or unlimited Category C or D machines), with no bingo or betting and the loss of the previously unlimited section 21 machines. The first claimant, a trade association representing over 90% of British casinos, and four operator members brought judicial review of the decision to make the order and of the Secretary of State's refusal, communicated on 25 January 2007, to reconsider it, complaining of competitive disadvantage against the new casinos. Operators in the adult gaming centre sector were joined as interested parties.
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