Opening an old penny arcade in the UK

[guyblue10]

In practice, vintage arcades have operated gaming machines (including mechanical bandits) for many years now, without recourse to GC licensing. As far as I'm aware, this is possible because at least some local councils recognise them as primarily tourist/museum attractions, not gaming rooms.... An arcade operating machines on old coinage with a policy of not buying back the coins would seem to have a good defence against the gaming charge.

This is what I suspected and was the reason for the original questions.

We've established that you don't need an operating licence from the gambling commission if you have machines that do not offer a prize, or the prize is worth the same or less than the money paid to play the machine. If we assume that you fill your premises with old penny machines that fulfill that criteria, then it would appear to follow that you haven't actually got an arcade or family entertainment centre to apply for sui generis planning usage.

So which planning use class is required? Is it A1 "Shops and Retail Outlets", D1 "Museums/Public or Exhibition Halls", or something else? Oh, hang on, we're back to the start again!....

[moonriver]

If such a grey area was to be utilised it would have to be ancillary to some other commercial use, rather than stand alone, to have a reasonable chance of staying unchallenged. Anyway that's the easy part. Is the intention to make money or just something to do?

[coppinpr]

I do know you can use A1 as one person on here has used temp empty shops for antique slots moving to another when the shop gets rented, possibly a good way to try out the idea. Did you say where you are in the UK? If so I missed it.

[arrgee]

So which planning use class is required

Guy, under The Town and Country Planning (Use Classes) Order, an Arcade falls under the Use Class of 'Sui-Generis'. You cannot legitimately use a Shop for an amusement arcade, if it has an A1 use.
If you are intending to operate an arcade from premises, call your local planning office and speak with the duty planning officer. He/she will be able to give you accurate guidelines relating to the proposal and whether your requirement will be acceptable within the Local Authority Structure Plan.

There are many other considerations to take into account such as does the proposal raise any acoustic issues within the surrounding environment, display of advertisements (shopfront signs), business infrastructure levy contributions, Change of Use permission, fire regulations to name but a few. You may also require building regulation approval depending upon what is intended - you can't just open doors to the public without jumping through certain hoops.
Good luck with your venture, planning is a minefield - I have been dealing with it for over 40 years (perhaps I should say fighting it).

[coppinpr]

You cannot legitimately use a Shop for an amusement arcade, if it has an A1 use.

I don't think that is valid in this case as he won't be able to open as an amusement arcade anyway because of gaming licensing. A1's can be used for temporary or permanent exhibitions and sometimes museums and often are. The thing to do is to stop thinking of the venue as a site for gaming machines and punt it as an historic living exhibition. Some areas will in fact be keen on this idea, depending on the town (touristy or not).

I'm certain we had a thread on here not long ago from someone who was operating an historic slot machine exhibition from an empty shop in a shopping centre and was looking for new premises as the shop he was in had been let to a permanent tenant but I can't find it. He would be the guy to ask.

[arrgee]

A1's can be used for temporary or permanent exhibitions and sometimes museums

Not legitimately under planning law they can't coppinpr, at least for permanent exhibitions. Appropriate Use Class would be D1 (Non-residential institutions) which covers 'displaying works of art (not for sale)' also 'a public hall or exhibition hall' and 'a museum'. There are numerous other uses under D1 as well.
It is quite probable that in the cases whereby a shop has displayed or housed such items then the planners have turned a blind eye. In any case, they are probably far too busy trying to screw up decent planning applications.

[coppinpr]

Perhaps the key is to declare it none permanent.

[pennymachines]

The most common scheme is to find some existing attraction, museum etc. that want a vintage arcade and let them take care of the red tape. This of course means sharing takings and not having full control of the operation.

[mei-mei]

Just a thought and don't know if it is viable, but what are the practicalities of a group of members hiring a room on a pier (iconic venue for arcade machines) and placing a few machines for the public to use. Many of the piers already have licences in place and any costs could be shared. Discuss?

[polaris]

My local community is holding a fete soon and the organiser a friend of mine has asked if I can knock up on a small scale a stall with a handful of machines. Where does one stand with the usual legalities? Is a licence of some kind needed, public liability insurance perhaps? No idea about these things so any info much appreciated.

[coppinpr]

Others will know more than me about a licence but I think you're OK if it's considered a travelling arcade (which you could call it) and it's on old coins. JC is the expert on this.

You will need insurance - this is very cheap and comes in the form of show/fair public liability insurance. I use this when displaying or selling stuff at county shows etc. Some places try to charge you high premiums but it should not cost you more than £60 for a year (I do not know if it's available cheaper for shorter periods, could be). Where will the display be?

[badpenny]

This is a question that comes up regularly.
A quick answer using the Search facility top right of the page comes up with This.

That was using the words operating + old penny + arcade. Using Advanced Search and different words should bring out more, as a lot has been shared about the complexities of this subject.
It is a moving picture and can be interpreted by different authorities and councils in varied ways.
Public liability insurance is essential whatever you're doing.

BP

[JC]

In this instance, you may not need insurance - you're not running a business operating vintage penny machines; you've been asked by the organisers of the event to attend, so you may well be covered by their insurance (and the organisers will certainly require insurance).
Consider this: on the day of the event, you've set yourself up a little stall with a few machines - will the old lady on the stall next to you flogging home-made jam have insurance? Will the vicar who has set himself up to have wet sponges thrown at him by nasty little Sunday school children have insurance? In the eyes of the law, perhaps they do all require insurance individually, but I'll bet my house that they won't.
My advice would be to talk to the organisers and ask if all those attending are covered by the event insurance. And if not, don't bother to attend, because what little you make is not likely to cover the cost of the insurance.

[badpenny]

Sounds like you've already stood at this event JC, was it worth it? More importantly do they do a wet T shirt contest?
BP

[coppinpr]

If this is indeed just a school or village do then I suspect you're right Jerry, but if it's a bigger thing like a village carnival or country fair it's not that you need it but rather that the organisers will ask to see the insurance before letting you set up. So you're right, first thing to do is check with the organisers and, if they say you don't, get them to put that in writing.

Actually JC I don't think Polaris is looking to make a profit, just have some fun and show of his stuff. Perhaps I'm wrong.

[coppinpr]

More importantly do they do a wet T shirt contest?

no point in asking BP, you'd never win at your age

[polaris]

Many thanks for all the info. Really just laziness not searching at least this way I get some definite answers without putting in the legwork it's actually a fete to raise funds for the local community centre and was happy to show up and do my part for free just not sure where I stood. Think it probably ok for me to do so

[aristomatic]

Make sure you don't put any Sega Continentals​ on any of those delicate church trestle tables.