Agenda Item No 6
The Vale of Glamorgan Council
Licensing Committee: 10th December 2013
Report of the Director of Development Services
Cancellation of Club Gaming Permit - Barry Dock Conservative Club
Purpose of the Report
1. To seek the approval to cancel the Club Gaming Permit held by Barry Dock Conservative Club.
It is recommended that the Club Gaming Permit is cancelled due to non payment of the annual fee.
Reason for the Recommendation
To ensure the permit is removed where annual fees are not paid.
2. Under Section 271 of the Gambling Act 2005, the licensing authority may grant members' clubs and miners' welfare institutes but not commercial clubs club gaming permits which authorise the establishments to provide gaming machines, equal chance gaming and games of chance as prescribed in regulations.
3. Club gaming permits allow the provision of no more than three gaming machines.
4. Clubs which hold a club premises certificate under the Licensing Act 2003 can apply for a permit using a fast track procedure which does not allow for objections to be made by the Gambling Commission or Police. A permit issued under the fast track procedure does not get renewed and will last indefinitely under certain conditions.
Relevant Issues and Options
5. Barry Dock Conservative Club were issued a Club Gaming Permit on 15th June 2010.
6. The permit was surrendered and confirmation of the surrender was sent on 1st July 2013.
7. Barry Dock Conservative Club then made application for a Club Gaming Permit on 3rd September 2013 as they surrendered the first permit in error.
8. The permit was issued on 6th September 2013 with a cover letter which also stated the requirement to pay the first annual fee on/by 6th October 2013 and a copy of the letter is attached at Appendix A to this Report.
9. No annual fee was received by the Licensing Section by this date and a call was made to the applicant on 9th October 2013 but the applicant was no longer available on that number.
10. Calls to the premises directly were made but the two stated landlines provided a dead ring tone when dialled.
11. Further calls to the stated numbers were made on 12th November 2013 but again provided dead ring tones.
12. On 12th November 2013 a further letter was sent requesting payment of the first annual fee and notification of a request for cancellation at Committee, a copy of this letter is attached at Appendix B of this Report.
Resource Implications (Financial and Employment)
13. Resources directed to the administration and compliance of the Gambling Act 2005 function may be recovered through Gambling Act 2005 Fees and Charges.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
15. This report has been compiled under the directions of Schedule 12 of the Gambling Act 2005 and the Vale of Glamorgan Council's Constitution.
16. Under the Gambling Act 2005 schedule 12 section 22(1) states that "the licensing authority which issued a permit shall cancel it if the holder fails to pay the annual fee in accordance with paragraph 14".
17. Schedule 12 (14) states that "the holder of a permit (a) shall pay a first annual fee to the issuing licensing authority within such period after the issue of the permit as may be prescribed, and (b) shall pay an annual fee to the issuing licensing authority before each anniversary of the issue of the permit".
18. Schedule 12 21 (2) states that "before cancelling a permit under this paragraph a licensing authority shall (a) give the holder of the permit 21 days' notice of the authority's intention to consider cancelling the permit, (b) consider any representations made by the holder, (c) hold a hearing if the holder requests one, and (d) comply with any prescribed requirements for the procedure to be followed in considering whether to cancel a permit".
19. If the licensing authority cancels a permit they must notify the holder, Gambling Commission and Police of the decision.
20. Where a licensing authority cancel a permit the holder may appeal to the magistrates court in accordance with Schedule 12 (25) of the Gambling Act 2005.
21. If a permit is cancelled the holder may re-apply for a new permit with the licensing authority at a cost of £100, the annual fee is £50. Fees for Club Gaming Permits are set by statute.
Crime and Disorder Implications
22. 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.
23. The Gambling Act 2005 places a duty on the Council to promote 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)
25. 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
26. This is a matter for decision by the Licensing Committee.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
28. Housing and Public Protection.
29. The Gambling Act Schedule 12; Gambling Commission "Guidance to Licensing Authorities".
Amanda Ewington. Licensing Team Leader 01446 709782
Richard Price, Lawyer, Legal Services 01446 709409
Director of Development Services.