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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 3rd September 2012

 

Director of Development Services

 

Gambling Act 2005 Statement of Principles

 

Purpose of the Report

1.             The purpose of this report is to seek the Committee's endorsement of the revised Gambling Act 2005 Statement of Principles at Appendix A for consultation.

Recommendations

  • That the Committee endorses the Gambling Act 2005 Statement of Principles at Appendix A for consultation.
  • That the Gambling Act 2005 Statement of Principles is referred to Cabinet and Scrutiny Committee (Housing and Public Protection) for information.
  • That the Licensing Committee be provided with feedback from the consultation prior to the Statement of Principles being recommended to Council for approval. 

Reasons for the Recommendations

To ensure a comprehensive and workable Statement of Principles is in place and ensure the Vale of Glamorgan Council complies with the requirements of the Gambling Act 2005.

 

Background

2.             The Gambling Act 2005 gave effect to the Government’s proposals for reform of the law on gambling.  The Act contains a regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting.

3.             Changes resulting from the Act have provided Local Authorities with extended responsibilities for licensing premises for gambling activities. 

Relevant Issues and Options

4.             The Act places a duty on the Council to develop a Statement of Principles that promotes the three licensing objectives:

  • Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
  • Ensuring that gambling is conducted in a fair and open way, and
  • Protecting children and other vulnerable persons from being harmed or exploited.

5.             The draft Statement of Principles will be subject to extensive consultation with members of the trade, responsible authorities, current licence holders and elected members. It will also be available on the Council website in both English and Welsh. A copy of the amendments to the Statement of Principles is available at Appendix B to this report.

6.             The Statement of Principles will take effect on 31st January 2013. The Statement must be published, available at council buildings and notices placed in a local paper 4 weeks in advance of the effective date which is 3rd January 2013.

Resource Implications (Financial and Employment)

7.             Whilst start-up costs for Gambling reform were included in the revenue support grant for 2004/05 and 2005/06, the net additional costs to Local Authorities of ongoing work associated with the Gambling Act 2005 are met from fee arrangements.  

8.             Fees for premises licences have been set by the Licensing Authority within the prescribed range and fees for permits and registrations have been set by the Secretary of State. 

Sustainability and Climate Change Implications

9.             None.

Legal Implications (to Include Human Rights Implications)

10.        No Licensing Authority will be able to deal with an application for any of the licences / permits without having a Statement of Principles in place.

11.        Section 349 of the Gambling Act 2005 states

(1) A licensing Authority shall before each successive period of three years-

       a) prepare a Statement of the Principles that they propose to apply in exercising their functions under this Act during that period, and

       (b) publish it.

 

Crime and Disorder Implications

12.        Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime and disorder implications whilst regulating licensing activities.  We must have due regard to the likely effect of the exercise of those functions on the need to do all we can reasonably do to prevent crime and disorder in our area.

13.        The Act places a duty on the Council to promote the three Licensing Objectives:

·               Preventing Gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime;

·               Ensuring that Gambling is conducted in a fair and open way; and

·               Protecting children and other vulnerable persons from being harmed or exploited by Gambling.

Equal Opportunities Implications (to include Welsh Language issues)

14.        None.

Corporate/Service Objectives

15.        To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious disease, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare.  To maintain a fair and equitable trading environment.

Policy Framework and Budget

16.        The proposals in this report are in accordance with the Policy Framework and Budget.

Consultation (including Ward Member Consultation)

17.        Internal consultation will be carried out alongside an extensive open consultation with various stakeholders including South Wales Police, South Wales Fire Authority, and members of the trade, local businesses, Gambling Commission, HMRC and members of the public.

Relevant Scrutiny Committee

18.        Housing and Public Protection.

Background Papers

The Gambling Act 2005 Schedule 11; Guidance to Licensing Authorities; Gambling Commission “Lotteries and the Law”, Gambling Commission “Guidance to Local Authorities 3rd Edition.”

 

Contact Officer

Kate Thompson Principal Regulatory Services Officer.  01446 709105

 

Officers Consulted

None.

 

Responsible Officer:

Rob Thomas, Director of Development Services.

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