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Agenda Item No 5

 

The Vale of Glamorgan Council

 

Licensing Committee: 13th May 2014

 

Report of the Director of Development Services

 

Small Society Lotteries Cancellation

 

Purpose of the Report

1.             To apprise Committee of the Small Society Lottery cancellations made under delegated authority in the year April 2013 to March 2014 as listed in Appendix A to this report.

Recommendation  

That future reports show current registrations only.

Reason for the Recommendation

To ensure members have access to accurate information. 

Background

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.             Licensing Committee held on 9th April 2013 resolved that authority to cancel Small Society Lottery registrations due to the non payment of annual fees be delegated to Licensing Officers and that a report detailing any cancellations made under delegated authority be submitted to the Committee on an annual basis.

5.             Offices are requesting that next year’s report is amended to show current registrations only as the cancelled registrations listed at Appendix A to this report may have since applied and been granted a registration by the Licensing Committee date.

6.             Officers are currently developing the Council’s Licensing Website and envisage that within 12 months the register of Lotteries will be available to view on line.

Relevant Issues and Options

7.             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.

8.             The list of registered societies attached at Appendix A, have been formally notified of the cancellation of their registration and the process to re-apply if required. 

Resource Implications (Financial and Employment)

9.             All resources directed to the administration and enforcement of the Gambling Act 2005 function must be recovered through Gambling Act 2005 Fees and Charges.

Sustainability and Climate Change Implications

10.          There are no implications as a result of this report.

Legal Implications (to Include Human Rights Implications)

11.          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.

12.          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.

13.          The local authority must formerly notify the registered society and the Gambling Commission if the registration is cancelled.

14.          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.

15.          If a registration is cancelled the society may re-apply for a new registration with the Licensing Authority at a cost of £40.

16.          The annual fee is £20.  There are no other fees payable to the Licensing Authority from societies.

Crime and Disorder Implications

17.          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.

18.          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)

19.          None.

Corporate/Service Objectives

20.          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

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

Consultation (including Ward Member Consultation)

22.          Not applicable.

Relevant Scrutiny Committee

23.          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 4th Edition.'

Contact Officer

Amanda Ewington, Licensing Team Leader 01446 709782

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Rob Thomas,

Director of Development Services.

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