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Agenda Item No

The Vale of Glamorgan Council

 

Licensing Committee: 1st September 2015

 

Report of the Director of Housing and Visible Services

 

Gambling Act 2005 Statement of Principles

 

Purpose of the Report

  1. To seek the Committee's endorsement of the revised Gambling Act 2005 Statement of Principles at Appendix A for consultation.

Recommendations

  1. That the Committee endorses the Council's proposed Gambling Act 2005 Statement of Principles at Appendix A for consultation and
  2. That the proposed Gambling Act 2005 Statement of Principles is referred to Cabinet and Scrutiny Committee (Housing and Public Protection) for information and
  3. That the Licensing Committee be provided with feedback from the consultation prior to the final draft Statement of Principles being recommended to Council for approval.

Reasons for the Recommendations

  1. To ensure a comprehensive and workable Statement of Principles is in place and that the Vale of Glamorgan Council complies with the requirements of the Gambling Act 2005.
  2. To enable the Scrutiny Committee to consider the proposed changes.
  3. To ensure Cabinet is aware of all feedback from the consultees as part of the decision making process.

Background

  1. The Gambling Act 2005 gave effect to the Government's proposals for reform of the law on gambling. The Act contains a regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting.
  2. Changes resulting from the Act have provided Local Authorities with extended responsibilities for licensing premises for gambling activities.

Relevant Issues and Options

  1. 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 or 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.
  1. The draft Statement of Principles will be subject to extensive consultation with members of the trade, responsible authorities, current licence holders and elected members. A copy of the amendments to the Statement of Principles is available at Appendix B to this report.
  2. There will be nine week consultation period.
  3. The Statement of Principles will take effect on 31st January 2016. The Statement must be published, available at Council buildings and notices placed in a local newspaper 4 weeks in advance of the effective date which is 3rd January 2016.

Resource Implications (Financial and Employment)

  1. Whilst start-up costs for Gambling reform were included in the revenue support grant 2004/05 and 2005/06, the net additional costs to Local Authorities of on-going work associated with the Gambling Act 2005 are met from fee arrangements.
  2. Fees for premises licences have been set by the Licensing Authority within the prescribed range and fees for permits and registrations have been set by the Secretary of State.

Sustainability and Climate Change Implications

  1. None

Legal Implications (to Include Human Rights Implications)

  1. No Licensing Authority will be able to deal with an application for any of the licences / permits without having a Statement of Principles in place.
  2. 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

  1. 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 to reasonably do to prevent crime and disorder in our area.
  2. The Act places a duty on the Council to promote the three Licensing Objectives:
  • Preventing gambling from being a source of crime or 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)

  1. The Statement of Principles will be made available in English and Welsh for consultation and once published.

Corporate/Service Objectives

  1. To protect the health and safety of the community by ensuring businesses meet legislative requirement, controlling infectious disease, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare.
  2. To maintain a fair and equitable trading environment.

Policy Framework and Budget

  1. The proposals in this report are in accordance with the policy framework and budget.

Consultation (including Ward Member Consultation)

  1. Internal consultation will be carried out alongside an extensive open consultation with various stakeholders including South Wales Police, South Wales Fire Authority members of the trade, local businesses, Gambling Commission, HMRC and members of the public

Relevant Scrutiny Committee

  1. Housing and Public Protection

Background Papers

The Gambling Act 2005, 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:

Miles Punter, Director of Visible Services &Housing

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