Agenda Item No.6
The Vale of Glamorgan Council
Licensing Committee: 5th March 2013
Report of the Director of Development Services
Small Society Lotteries Cancellation
Purpose of the Report
1. To seek the Committee’s approval to cancel the Small Society Lottery registrations, as shown in Appendix A to this Report.
It is recommended that due to fees remaining outstanding the Small Society Lottery registrations shown at Appendix A become cancelled due to non payment of annual fees.
Reason for the Recommendation
To ensure the registration is removed where annual fees are not paid.
2. Small Society Lotteries are lotteries promoted for the benefit of a non-commercial society. A society is non-commercial if it is established and conducted for charitable purposes; for the purposes of enabling participation in, or of supporting, sport, athletics or a cultural activity, or for any other non-commercial purpose other than that of gain.
3. The promoting society of a Small Society Lottery must apply to the Licensing Authority in whose area their principal office is located. Licensing Authorities must maintain a register of Small Society Lotteries, which must be made available to the public on request.
4. Under the Lotteries and Amusements Act 1976, which was repealed by the Gambling Act 2005 on 1st September 2007, Licensing Authorities had no powers to cancel registrations. Therefore, registrations would continue even though there were outstanding fees payable.
Relevant Issues and Options
5. Under the Gambling Act 2005 Licensing Authorities have been empowered to cancel a society’s registration if the annual fee is not paid within the period of two months, which ends immediately before each anniversary of the registration.
6. The list of registered societies, attached at Appendix A, have been sent reminder letters in respect of their annual fees and have been formally notified of the intention to cancel their registration. Appendix A also contains the dates of expiry.
Resource Implications ((Financial and Employment and Climate Change, if appropriate)
7. All resources directed to the administration and enforcement of the Gambling Act 2005 function must be recovered through Gambling Act 2005 Fees and Charges.
Legal Implications (to Include Human Rights Implications)
8. This report has been compiled under the directions of Schedule 11 of the Gambling Act 2005 and the Vale of Glamorgan Council’s Constitution as amended on 14th February 2007.
9. Schedule 11 Part 5 (54) of the Gambling Act 2005 states:
· A registered society shall pay an annual fee to the registering local authority.
· If a registered society fails to comply with this paragraph the registering authority may cancel the society’s registration.
10. The local authority must formerly notify the registered society and the Gambling Commission if the registration is cancelled.
11. There is no provision in the Gambling Act 2005 to appeal the decision to cancel a registration due to non payment of the annual fee.
12. If a registration is cancelled the society may re-apply for a new registration with the Licensing Authority at a cost of £40.
13. The annual fee is £20. There are no other fees payable to the Licensing Authority from societies.
Crime and Disorder Implications
14. 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.
15. 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)
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. Not applicable.
Relevant Scrutiny Committee
20. Housing and Public Protection.
The Gambling Act 2005 Schedule 11; Guidance to Licensing Authorities; Gambling Commission “Lotteries and the Law”, Gambling Commission “Guidance to Local Authorities 4th Edition.”
Amanda Ewington, Licensing Team Leader 01446 709782
Richard Price, Lawyer, Legal Services 01446 709409
Rob Thomas Director of Development Services.