Agenda Item No

The Vale of Glamorgan Council

 

Statutory Licensing Committee: 22 October 2018

 

Report of the Director of Environment and Housing

 

Gambling Act 2005 Statement of Principles 2019-2022

 

Purpose of the Report

  1. To seek the Committee's endorsement of the attached Gambling Act 2005 Statement of Principles attached at Appendix A, prior to formal consultation.  The relevant Gambling Act 2005 functions are delegated to this licensing committee of the authority established under Section 6 of the Licensing Act 2003 but the final approval of the Statement of Principles is a Council function. 

Recommendation

That the Committee endorses the Council's proposed Gambling Act 2005 Statement of Principles 2019-2022 attached at Appendix A.

Reason for the Recommendation

To comply with the requirement to publish a Statement of Principles relating to this authority's gambling policy. 

Background

  1. The Gambling Act 2005 provides for a regulatory system to govern the provision of all gambling in Great Britain, other than the National Lottery and spread betting.
  2. The Gambling Commission was set up under the Gambling Act 2005 to regulate commercial gambling in Great Britain in partnership with licensing authorities.  This licensing authority is responsible for issuing premises licences; issuing permits which allow low stakes gambling in venues which are not primarily for gambling, for example, pubs; for enabling societies to hold small lotteries; for ensuring compliance and enforcement of the Gambling Act 2005 locally.
  3. The Council, as licensing authority is not responsible for the authorisation or enforcement of remote gambling e.g. online gambling. 

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 Statement of Principles sets out how the licensing authority will exercise its functions and provides information to the public and the gambling sector alike. 
  2. A copy of the Statement of Principles is available at Appendix A to this report. Analysis of complaints and intelligence suggests that no new trends or concerns have emerged during the last three years either by sector or location.  Therefore, at this stage, no significant changes have been made to the policy framework.  There will be a need to review this once the consultation process has been completed.    The Statement of Principles broadly reflects the general regulatory regime and approach outlined in the 5th Edition of the statutory guidance to licensing authorities issued by the Gambling Commission.  In addition, information relating to The Wellbeing and Future Generations (Wales) Act 2015 is also included in the update.  Proposed changes are shown in red.
  3. The consultation process is specified in regulations and includes the Chief Officer of Police, the Gambling commission, one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses and one or more persons who are likely to be affected by the exercise of the authority's functions under the Act. This comprises elected Members, Town and Community Councils, Trade representatives, machine suppliers, safeguarding organisations (including problem gambling) and the Local Service Board and Community Safety Partnership.           
  4. The consultation method is to place the draft policy on the Council's website and issue notices of consultation to the above mentioned individuals or organisations.
  5. The proposed timetable for consultation is 25 October 2018 to 19 December 2018 with referrals through this Committee and Cabinet for Council to approve the policy at its meeting scheduled for 27 February 2019.  
  6. Following consultation and approval by Council, notice of publication of the new policy will be given in advance of the effective date.   

Resource Implications (Financial and Employment)

  1. The consultation costs and publication of the Statement will be met from existing budget. 

Sustainability and Climate Change Implications

  1. None

Legal Implications (to Include Human Rights Implications)

  1. Section 349 of the Gambling Act 2005 states:
  2. (1) A Licensing Authority shall before each successive period of three years -
  3.  (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.

  1. Consultation on this matter is prescribed by the Gambling Act 2005 and the Gambling Act 2005 (Licensing Policy Statement)(England and Wales) Regulations 2006. 

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. Regulatory services contribute to the Well Being Outcome 1: "An inclusive and Safer Vale and Objective 2 Providing decent homes and safe communities."

Policy Framework and Budget

  1. This is a matter for decision by the Statutory Licensing Committee.

Consultation (including Ward Member Consultation)

  1. Consultation on this matter is prescribed by the Gambling Act 2005 and the Gambling Act 2005 (Licensing Policy Statement)(England and Wales) Regulations 2006. 

Relevant Scrutiny Committee

  1. Homes and Safe Communities

Background Papers

Gambling Commission statutory guidance 5th edition

Contact Officer

Yvonne Witchell, Team Manager Licensing 01446 709105

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter - Director of Environment and Housing