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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee 6th November 2012

 

Report of the Director of Development Services

 

Gambling Act 2005 Statement of Principles 2013-2016

 

Purpose of the Report

1.             To seek Member approval for the amendments to the Draft Statement of Principles.

2.             To recommend that the amendments to the Draft Statement of Principles is referred for comment to Cabinet and to Council for decision on 5th December 2012.

Recommendations

  • Members approve the amendments to be made to the Draft Statement of Principles.
  • The amended Statement of Principles is referred for comment to Cabinet and to Council on 5th December 2012.
  • The effective date of the Statement of Principles is 31st January 2013.

Reason for the Recommendations

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

 

Background

3.             A local Authority has a duty under the Gambling Act 2005 to prepare a Statement of Principles before each successive period of three years.

4.             The current Statement of Principles was approved on 5th December 2009 by Council and is effective for the period 31st January 2010 to 30th January 2013.

5.             The draft Statement of Principles for the period 31st January 2013 to 30th January 2016 was the subject of a public consultation between 5th September 2012 and 17th October 2012.

Relevant Issues and Options

6.             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 and 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.

7.             The Draft Statement of Principles has been subject to an extensive consultation with members of the trade, responsible authorities, current licence holders and Members. A list of consultees and how they were consulted is attached at Appendix A to this report.

8.             The Draft Statement of Principles was also available on the Council's website in both English and Welsh. This consultation ended on 17th October 2012 and one response was received and responded to in relation to the draft Statement of Principles.

9.             A list of amendments and response to the Draft Statement of Principles is attached at Appendix B to this report.

10.        The Statement of Principles 2013-2016 will need to take effect on 31st January 2013. The statement must be published, available at council buildings and notice to be placed in a local paper 4 weeks in advance of the effective date, which is 3rd January 2013. The amended draft Statement of Principles 2013-2016 is attached at Appendix C to this report.

Resource Implications (Financial and Employment)

11.        Whilst start up costs for Gambling reform were included in the revenue support grant for 2004/05 and 2005/06, the net additional cost to local authorities of the ongoing costs associated with the Gambling Act 2005 will be met from fee arrangements.

Sustainability and Climate Change Implications

12.        None

Legal Implications (to Include Human Rights Implications)

13.        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

14.        Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial behaviour implications whilst regulating licensing activities.  The Licensing Authority is committed to reducing crime, disorder and anti social behaviour across the Vale of Glamorgan.  Reducing crime and the fear of crime is important to the community, especially vulnerable members of the community such as the very young and elderly.

15.        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 and 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.

 

Equal Opportunities Implications (to include Welsh Language issues)

16.        The Statement of Principles will be translated into Welsh following Council approval. It will be available to all members of the trade, public and relevant authorities in both languages. The statement of principles will be available on the Council's website in English and Welsh.

Corporate/Service Objectives

17.        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

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

Consultation (including Ward Member Consultation)

19.        A consultation was carried out between 5th September 2012 and 17th October 2012. A list of consultees is attached to this report at Appendix A.

Relevant Scrutiny Committee

20.        Housing and Public Protection

Background Papers

The Gambling Act 2005; Gambling Commission “Guidance to Local Authorities 3rd Edition.”

 

Contact Officer

Alun Billinghurst Head of Public Protection. 01446 709105

 

Officers Consulted

None

 

Responsible Officer:

Rob Thomas, Director of Development Services.

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