Agenda Item No 6
The Vale of Glamorgan Council
Licensing Committee: 12th May 2015
Report of the Director of Visible Services and Housing
For Information Report - Small Society Lottery Registrations
Purpose of the Report
1. To apprise Committee of the Small Society Lottery registrations and Small Society Lottery cancellations in force in the year April 2014 to March 2015.
That Members note the contents of this report and resolve to have either a list of cancellations or a list of current registrations in future reports.
Reason for the Recommendation
To ensure members have access to accurate information
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. Licensing Committee held on 13th May 2014 resolved that a report detailing any current registrations be submitted to the Licensing Committee on an annual basis.
Relevant Issues and Options
5. A society may apply to the relevant local authority for registration. The Gambling Act 2005 requires Licensing Authorities to enter details of the society in a register. Once registered the society and the Gambling Commission must be notified by the Local Authority. A list of current registrations are listed in Appendix A to this report.
6. 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. A list of cancelled registrations are listed at Appendix B to this report.
Resource Implications (Financial and Employment)
7. All resources directed to the administration of the Gambling Act 2005 function must be recovered through Gambling Act 2005 fees and charges.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
9. 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.
10. Schedule 11 Part 5 (44) of the Gambling Act states:
· As soon as reasonably practicable after receipt of an application under paragraph 42 a local authority shall, subject to paragraphs 47 and 48 (a) enter the applicant, together with such information as may be prescribed, in a register kept by the authority for the purposes of this part, (b) notify the applicant of his registration, and (c) notify the Commission of the registration.
11. 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
12. The Local Authority must formerly notify the registered society and the Gambling Commission if the registration is cancelled.
13. 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.
14. If a registration is cancelled the society may re-apply for a new registration with the Licensing Authority at a cost of £40.
15. The annual fee is £20. There are no other fees payable to the Licensing Authority from societies.
Crime and Disorder Implications
16. 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.
17. The Act places a duty on the Council to promote the three Licensing Objectives
Equal Opportunities Implications (to include Welsh Language issues)
19. 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
20. The proposals in this report are in accordance with the Policy Framework and Budget.
Consultation (including Ward Member Consultation)
21. Not applicable.
Relevant Scrutiny Committee
22. 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
Miles Punter Director of Visible Services and Housing