Agenda item

A report of the Head of Regulatory Services enabling the Group to review the draft Statement of Principles made under the Gambling Act 2005.

A report of the Head of Regulatory Services, enabling the Group to review the draft Statement of Principles made under the Gambling Act 2005, was submitted (item 6 on the agenda filed with these minutes).

The Head of Regulatory Services and the Licensing Manager assisted with consideration of the item and provided the following details of the representations that had been received on the draft Statement of Principles during the consultation period and responses to issues raised:

(i)            Representations had been received from Leicestershire Police clarifying that they should be referred to as Leicestershire Police rather than Leicestershire Constabulary.

(ii)          Representations had been received on behalf of the bookmaking industry proposing amendments to section 3.2, to provide clarification regarding the primary gambling activity of premises, and section 3.7, to remove reference to the licensing authority checking whether betting offices had appropriate planning permission.

(iii)         Representations had been received from GamCare, which was an organisation that worked with vulnerable people affected by problem gambling, suggesting matters that could be looked for when gambling premises were inspected.

(iv)         Gambling premises were inspected annually and the inspections were unannounced. Some premises were inspected more frequently because they were also subject to inspections arising from their liquor licence.

(v)          The Council no longer had a no casinos policy but the Gambling Commission was not currently inviting applications for additional casinos. 

(vi)         Any enforcement activity undertaken by the Council would have to take the circumstances of each particular case into account.  It was therefore not appropriate to state in the policy that a particular approach would always be followed.

(vii)        The Council only licensed premises in the Borough.  The licensing of businesses and individuals was undertaken by the Gambling Commission.  Online gambling was also regulated by the Gambling Commission.

(viii)      There were organisations that provided services, such as guidance and self-barring schemes, for people who had gambling problems.  The possibility of those services being promoted by the Council and in licensed premises could be looked into.  However, that would be outside the scope of the Statement of Principles.  As part of the mandatory conditions attached to licences, premises had to display their licence and warnings about problem gambling and age restrictions.

(ix)         The Gambling Commission had not produced a template for local risk assessments but had produced guidance regarding what they should contain.  The Council could decide that a local risk assessment submitted in support of an application was inadequate.

(x)          There were arrangements in place that enabled gambling premises to share information about people who signed up for voluntary barring list schemes.

The following comments were made by members of the Group:

(i)            It was important that the Council checked that premises had the appropriate planning permission when a licensing application was received.

(ii)          Ward councillors had experience of residents who had chronic gambling problems.  However this did not appear to be reflected in the information that was provided by the Public Health team.

(iii)         The work of GamCare in providing training for staff in licensed premises was supported and should be encouraged.

RESOLVED

1.         that the report be noted;

2.         that the following comments made by the Group on the draft Statement of Principles made under the Gambling Act 2005 be noted:

·           that section 3.1 should be amended to remove reference to a section on casinos as such a section was not included in the Statement;

·           that the reference in section 3.7.1 to the licensing authority checking whether planning permission had been obtained be retained in the Statement as that was good administrative practice;

·           that the consultation response by GamCare be supported and that, where possible, amendments be made to the Statement to encourage appropriate training of staff and allow staff training to be reviewed as part of the inspections of premises;

3.         that it be noted that officers would discuss with the Gambling Commission and other Council departments the possibility of promoting services, such as guidance and self-barring schemes, for people who had gambling problems by the Council and in licensed premises;

4.         that confirmation be provided to the Group regarding whether gambling premises in Charnwood operated a system to share information about people with gambling problems who were attempting to gamble.

Reasons

1.         To acknowledge the information received.

2.         To record the results of the Group’s scrutiny of the matter.

3.         To enable options for promoting the availability of support for people affected by gambling to be explored.

4.         To provide the Group with further information regarding the matter.