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Agenda Item No

The Vale of Glamorgan Council

 

Licensing Committee: 1st December 2015

 

Report of the Director of Environment and Housing Services

 

The Gambling Act 2005 - Statement of Principles 2016 - 2019

Purpose of the Report

  1. To seek member approval for the amendments to the Draft Statement of Principles.
  2. To recommend that the amendments to the Draft Statement of Principles is referred for comment to Cabinet and to Council for decision on 16th December 2015.

Recommendations

  1. Members approve the amendments to be made to the Draft Statement of Principles.
  2. The amended Statement of Principles is referred for comment to Cabinet and to Council for decision on 16th December 2015.

Reason for the Recommendation

(1&2)      To ensure a comprehensive and workable Statement of Principles is in place and also to ensure the Vale of Glamorgan Council complies with the requirements of the Gambling Act 2005.

 

Background

  1. A Local Authority has a duty under the Gambling Act 2005 to prepare a Statement of Principles before each successive period of three years.
  2. The current Statement of Principles was approved on 5th December 2012 by Council and is effective for the period 31st January 2013 to 30th January 2016.
  3. The Draft Statement of Principles for the period 31st January 2016 to 30th January 2019 was subject of a public consultation between 7th September 2015 and 9th November 2015.

Relevant Issues and Options

  1. The Gambling Act 2005 places a duty on Local Authorities to develop a Statement of Principles that promotes 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
  1. The Draft Statement of Principles has been subject to an extensive consultation with members of the trade, responsible authorities, current licence holders and members. A list of consultees and how they were consulted is attached at Appendix A.
  2. The Draft Statement of Principles was also available on the Vale of Glamorgan Council website. This consultation ended on 9th November 2015 and four responses were received and responded to in relation to the Draft Statement of Principles.
  3. A list of the amendments to the Draft Statement of Principles and responses to the consultation is attached at Appendix B.
  4. The Statement of Principles 2016 - 2019 will need to take effect on 31st January 2016. The Statement of Principles shall be published and made available on the Vale of Glamorgan website and at Vale of Glamorgan libraries. The Statement of Principles notice shall be placed on the Vale of Glamorgan website and public noticeboard. The Statement of Principles and notice shall be available a minimum of 4 weeks in advance of the effective date, which is 3rd January 2016.
  5. The amended Draft Statement of Principles 2016 - 2019 is attached at Appendix C.

Resource Implications (Financial and Employment)

  1. Whilst start-up costs for gambling reform were included in the revenue support grant for 2004/5 and 2005/6, the net additional cost to Local Authorities of the on-going costs associated with the Gambling Act 2005 will be met from fee arrangements.

Sustainability and Climate Change Implications

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. 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 the 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, disorder and antisocial behaviour implications whilst regulating licensing activities.
  2. The Act places a duty on the Council to develop a statement of principles that promoted 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

Equal Opportunities Implications (to include Welsh Language issues)

  1. The Statement of Principles will be translated into Welsh following Council approval. It will be available to all members of the trade, public and relevant authorities in both languages. The Statement of Principles will be available on the Council's website in English and Welsh.

Corporate/Service Objectives

  1. To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. 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. A consultation was carried out between 7th September 2015 and 9th November 2015.

Relevant Scrutiny Committee

  1. Housing and Public Protection.

Background Papers

The Gambling Act 2005; Gambling Commission "Guidance to Local Authorities 5th Edition", The Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006, The Gambling Act 2005 (Licensing Authority Policy Statement) England and Wales Regulations 2006

Contact Officer

Yvonne Witchell for Operational Manager Neighbourhood Services, 01656 643105

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter - Director of Environment and Housing Services