In this section

Forms & Guidance

Who can appeal?

Organisations and individuals can appeal to the First-tier Tribunal (Gambling) against a decision of the Gambling Commission. Applicants wishing to appeal against the Commission's decision will need to complete a Notice of Appeal form. You can download a copy of the Notice of Appeal form from this site or, alternatively, you can contact us and we will arrange for a copy to be sent to you.

First-tier Tribunal (Gambling)
Tribunals Operational Support Centre
PO Box 9300
Leicester
LE1 6ZX

Telephone: 0845 6000 877
Fax: 0116 294 4253
Top of Page

Appeal process

Your right to appeal

The Gambling Commission will make an internal assessment of each licence application. We (the Tribunal) cannot accept an appeal without having seen the final decision letter from the Commission informing you of your right of appeal. You have 28 days from the date of the Commission's letter to submit your appeal to us.

Notice of Appeal Process

On receipt of your Notice of Appeal form and the appropriate fee we will review your application and will write to tell you if there is any additional evidence/supporting documents you need to provide.

We will notify the Gambling Commission of their need to file with us within 28 days, a 'response' in support of its original decision. A copy of this information will be sent to you, and you will have 14 days if you wish to make a written submission or provide further documents in reply to the response.

If the Commission does not respond to the appeal we may decide to ake action. You will be notified if this happens. Once we have collected all the evidence we will manage your appeal to ensure it is ready for Tribunal hearing.

In some instances an appeal application is referred for judicial direction, and the judiciary may ask that you provide more evidence. If they do, we will write to tell you what additional information you need to send to us.

The judiciary may decide to hold a Preliminary Hearing to resolve any outstanding issues. A Preliminary Hearing is not the full hearing of an appeal. However, the Judge may sometimes allow or dismiss an appeal at this stage, or at any stage prior to the full hearing, providing they receive the written consent of both parties.

The judiciary may also decide to hold a Pre-Hearing Review. This process enables the issuing of appropriate directions to parties to ensure the panel has everything necessary to make a decision at the full hearing.

The "Notice of Hearing" will be sent to you by post. The Notice will contain information on the date, time and address of your hearing as well as what you may be required to provide in advance of the hearing. You will be sent a guide to the hearing centre where your appeal will be heard.

The First–tier Tribunal (Gambling) Judge may deliver their decision orally at the end of the hearing or in writing at a later date. A written decision will be sent to you and the other party by post.

Legal Aid

Legal aid is not generally available for representation at tribunals. This is because unlike courts, tribunal users should, in most cases, be able to present evidence by themselves. So for this reason it is not necessary to extend legal aid funding to tribunal applicants for representation purposes.

Funding for general legal advice (falling short of representation) is available to those who qualify financially under the Legal Help Scheme. This allows legal aid solicitors to advise clients on tribunal procedures and to assist them in preparing their case. This includes the preparation of case papers and obtaining counsel's opinion where appropriate. More information about Legal Help, can be found on the Community Legal Advice website or by telephoning them on 0845 345 4 345.

In some cases, however, users may not be able to represent themselves because of difficulties of language, for example, or because of mental incapacity, or where the outcome of a case might be particularly serious. In these circumstances, legal aid can be granted exceptionally for representation, by the Lord Chancellor, under the provisions of section 6(8)(b) of the Access to Justice Act 1999. To qualify for this funding an applicant will have to pass strict criteria. Applications should be made in the first instance to the Special Cases Unit, via a solicitor, at the Legal Services Commission who, if they agree, will recommend the application to the Lord Chancellor.

Notice of Appeal Form

To make an appeal to the First-tier Tribunal (Gambling) we ask that you first complete the Notice of Appeal form.. You should send the completed form together with the appropriate fee. In certain cases you may be eligible for an exemption from fees (no fee) and in exceptional circumstances involving financial hardship, you may apply to the Tribunal for a fee remission (reduced fee). Completed application forms for fee exemption/remission will need to be submitted with your Notice of Appeal form.

If you do not use the Notice of Appeal Form, your written application must contain all the required information as contained in Rule 26 Tribunal Procedure (First–tier Tribunal) (General Regulatory Chamber) Rules 2009

Send the completed Notice of Appeal and the appropriate fee or exemption or remission application to:

Gambling Appeals Tribunal
Tribunals Operational Support Centre
PO Box 9300
Leicester
LE1 6ZX

Telephone: 0845 6000 877
Fax: 0116 294 4253

Please note: your appeal will not be processed if you do NOT include the appropriate fee or a separate application for Exemption or Remission of fee if you feel you may be entitled to.

Top of Page

Guidance on completing the Notice of appeal form

Time limits and 'Out of Time' applications

An appeal to the First-tier Tribunal (Gambling) must be made within 28 days of the date on which the Gambling Commission's decision was sent to the appellant. An appeal will be deemed to be 'out of time' if it is not made within 28 days of the Gambling Commission's decision. If you are making an appeal outside of the specified time limit you must include reasons for the delay in part four of the Notice of Appeal form, the contents of which will be considered by the First-tier Tribunal (Gambling).

If the Tribunal refuses to allow an appeal / application to be made after the time limit has expired then you may as for this decision to be reviewed or appeal to the Upper Tribunal.

Top of Page

Fees for Applying to the Gambling Appeals Tribunal

Top of Page

Exemption/ Remission Forms

Top of Page

The Hearing

First–tier Tribunal (Gambling) hearings are open to the general public. If you are appealing, you can appear in person or be represented by someone you have authorised to appear on your behalf. Hearings are held before a single member, or a panel of up to three members, one of which will be the designated Judge.

Hearings are held in our venues. We will post a "Notice of Hearing" to everyone involved. It will provide details about the hearing. It will also set out details of any further information you may need to provide.

If you require an interpreter or signer, you will need to put your request in writing and send it to us by fax, email or letter, stating your case reference number. Please give us as much notice as possible, preferably a week, so as to avoid unnecessary delays to your hearing.

At the hearing you may give evidence,call witnesses, and you or your representative may question witnesses.

At the end of the hearing, the Chairman may either tell you the decision straight away and confirm it later in writing, or the panel may write to you at a later stage.

The panel can:

Can I appeal against the Tribunal's decision?

TThere are two ways to appeal both of which will involve you writing to us within 28 days of the date of the Tribunal's Decision giving reasons why you seek to appeal. They are as follows:

Application to set aside the decision

You can ask the Tribunal Panel to set aside the decision if:

If you want to ask for the decision to be set aside, you must do so in writing within 28 days of receiving the decision.

Application for permission to appeal the Tribunal's decision

You can appeal the decision of the First-tier Tribunal to the Upper Tribunal. However, you must first apply to this Tribunal asking for permission to appeal.

On receipt of an appeal application, the Tribunal will first consider whether to review its decision based on your reasons for appeal. A fresh decision may be issued following a review. Or the Tribunal may grant you permission to appeal to the Administrative Appeals Chamber in the Upper Tribunal.

If you are given permission to appeal to the Upper Tribunal

It is your responsibility to make the appeal. You should do so without delay because you have just 28 days between being given permission to appeal and notifying the Upper Tribunal of your appeal. Contact details are below.

If you are refused permission to appeal to the Upper Tribunal

If the Tribunal decides that a review is not appropriate and if it refuses your application to appeal, you can appeal direct to the Upper Tribunal. To do this you should contact:

Upper Tribunal (Administrative Appeals Chamber)
5th Floor
Chichester Rents
81 Chancery Lane
London
WC2A 1DD
Top of Page