Executive Member for Community Protection Minutes

Executive Member for Community Protection Minutes

Date:
Tuesday 17 July 2012
Time:
3:00 p.m.
Place:
Oberhausen Room,Town Hall, Middlesbrough
 

Attendance Details

Present:
Councillor J Rostron
Officers:
Tracy Warburton and Tim Hodgkinson
Item Number Item/Resolution
PUBLIC
12/2 REVIEW OF GAMBLING ACT 2005; LICENSING POLICY STATEMENT

The Executive Director of Environment and Adult Social Care submitted a report to review the Gambling Act 2005 Licensing Policy Statement and to seek approval for public consultation on the draft amended document.

 

The Gambling Act 2005 gives powers and responsibilities to licensing authorities to issue licences for gambling premises. This legislation came into full effect on September 2007 and effectively modernised gambling legislation, providing an improved structure for gambling regulation.

 

The Act also created a new independent regulatory body; The Gambling Commission. The Gambling Commission regulates operators and deals with national gambling issues.

 

The report outlined that the Act contains three licensing objectives, these were outlined within the report.

 

The Act provides for three types of licences. Operating and Personal licences which are issued by the Gambling Commission. Premises Licences are issued by the Council and they authorise the provision of gambling facilities on certain premises including casino premises, bingo premises, betting premises, adult gaming centres and family entertainment centres. Councils may attach conditions to premises licences.

 

The Council as a licensing authority was required to prepare and publish a Gambling Act: Licensing Policy Statement of Principles that it proposes to apply in exercising its functions under the Act. In December 2006, the Council formally ratified its first Statement of Gambling Licensing Policy. The Policy was again reviewed in 2009, reflecting changes as a result of the Council being approved as one of the Local Authorities permitted to issue a Large Casino Premise Licence. This Policy was formally ratified by the Council on 2 December 2009.

 

The Licensing Authority is required to keep their Gambling Policy under review and is required as a minimum to review it every three years, or sooner if the authority considers it to be necessary. This authority is required to review its current policy by December 2012. A draft amended Policy has been prepared by Officers. There are no significant amendments proposed to the Policy other than some amendments to the wording to reflect:-

 

  • The completion of the process and subsequent award of a Provisional Statement for a Large Casino Premises Licence.
  • Proposed amendments made to the Gambling Commissions ‘Guidance to Licensing Authorities, 4th Edition’.
  • Separate advice issued by the Gambling Commission in relation to primary gambling activity on betting premises.
  • Amendments to contact addresses for Responsible Authorities

Appendix 1 of the report showed the revised policy, a summary of the below was outlined within the report:

 

  • The Casino Application Process
  • Proposed Amendments to the Gambling Commission’s ‘Guidance to Local Authorities’
  • Primary Gambling Activity on Betting Premises
  • Amendments to contact addresses for Responsible Authorities


ORDERED

 

  1. That the Executive Member consider the contents of the revised Gambling Act 2005 Policy: Statement of Principles before the document is issued for public consultation.
  2. That following the public consultation the final Licensing Policy is reported to the Executive and full Council for approval.

REASON

 

The decisions were supported by the following reason:

 

The Gambling Act 2005 has a requirement for the Licensing Authority’s Gambling Act Policy: Statement of Principles to be approved by full Council.
 

The decision will come into force after five working days following the day the decision was taken unless the decision becomes subject to the call in procedures.
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