To give consideration to the draft revised ‘Statement of Principles’ and refer to full Council for adoption (Report of the Executive Manager Public Protection is enclosed).
Members gave consideration to the report of the Executive Manager Public Protection on the Revised Statement of Principles (Gambling Act 2005).
The Gambling Act 2005 came into affect on 1 September 2007 which created a new system of licensing and regulation for commercial gambling. Local Authorities had regulatory responsibilities for licensing certain gambling activities. The Act also created an independent non-departmental public body; the Gambling Commission, which was sponsored by the Department for Culture, Media and Sport.
Under Section 349 of the Gambling Act 2005 a Licensing Authority was required to publish a ‘Statement of Principles’ that it proposed to apply in exercising its functions under the Act, before each successive period of three years. South Holland’s current Statement of Principles was published and effective from April 2013.
To assist local authorities the Act required the Gambling Commission to issue statutory guidance to Licensing Authorities on the manner in which they were to exercise their functions under the Act and the principles which were to be applied by them in exercising those functions. The statutory guidance was designed to ensure the spread of best practice and consistent approach in decision making by local authorities, whilst not preventing them from properly exercising the discretion they had to take account of appropriate and relevant local issues.
A review of the current Statement of Principles had been completed and a revised draft had been prepared. The draft prepared had been based on the 5th edition guidance issued to licensing authorities, published by the Gambling Commission. A copy of the revised principles was attached at Appendix 2 to the report and it highlighted changes made.
The draft revised Statement of Principles was under consultation from 21 December 2015 to 17 January 2016, which was carried out in accordance with the guidance issued by the Gambling Commission.
Under Section 349(3) Gambling Act 2005 the licensing authority was required to consult with; The Chief Police Officer, person(s) who appeared to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area; and , person(s) who appeared to the authority to represent the interests of persons likely to be affected by the exercise of the authority’s functions under the Act.
When determining the Statement of Principles the Licensing Authority was required to give appropriate weight to the views of those who had been consulted. When deciding what weight to be given to the factors to be taken in to account included:
· who was making the representations, the nature of their interest and their expertise;
· relevance of the factors to the licensing objectives;
· how many other people have expressed the same or similar views; and
· how far the representations relate to matters that the licensing authority should be including in its policy statement.
Two responses were received, a copy of the responses were attached at Appendix 4 to the report.
The Council’s Constitution stated that the Statement of Principles under the Gambling Act 2005 was to be agreed and adopted by full Council. Members of the Committee were asked to consider the recommendations to the report and refer to full Council for adoption. Should full Council give approval the Statement of Principles would be published and then come into affect after a period of 31 days.
Members were supportive of the Statement of Principles and agreed that it should be recommended to full Council for adoption.
1) The Committee noted the responses received following consultation.
2) That the Committee gave approval to the revised Statement of Principles
3) That the Committee recommend to full Council for adoption the revised Statement of Principles in order for South Holland District Council to act as the licensing authority and discharge its statutory duties under the Gambling Act 2005.