## Alcohol And Gambling Licensing Committee

| Report Title            | Gambling Act 2005 - Statement of Policy 3 Yearly    |
|-------------------------|-----------------------------------------------------|
| Review                  |                                                     |
| REPORT                  |                                                     |
| AGENDA STATUS:          | PUBLIC                                              |
| Committee Meeting Date: | 4 December 2018                                     |
| Policy Document:        |                                                     |
| Gambling Act 2005       |                                                     |
|                         |                                                     |
| Customers & Communities |                                                     |
| Directorate:            |                                                     |

## 1. Purpose

1.1 That the Committee agree to the proposed consultation for the reviewed 
Gambling Act 2005 Statement of Licensing Policy. 

## 2. Recommendations

2.1 That the Committee agrees to the consultation for the reviewed Gambling Act 
2005 Statement of Licensing Policy as shown in Appendix 1.
2.2 That the existing policy of not adopting a 'No Casino' resolution under section 
166 of the Gambling Act 2005 is retained in the updated policy.
2.3 That the updated policy contains outline guidance for operators on the 
considerations that should be included within their local risk assessments.

## 3. Issues And Choices 3.1 Report Background

3.1.1 Every 3 years, the Gambling Act 2005 (the 2005 Act) requires Licensing 
Authorities to review and publish a statement of principles that they intend to apply when exercising their related functions. 
3.1.2 The 2005 Act has three gambling licensing objectives. They are:

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 by gambling.
  
3.1.3 Further detail of the objectives of the 2005 Act and how its delivery is 
proposed locally can be found in the appended document.  The Council adopted the existing Policy on 7 March 2016.  
3.1.4 The appended document was drafted by the Northamptonshire Licensing 
Liaison Group and essentially reflects the Gambling Commission's Guidance to Licensing Authorities and the Local Government Association's guidance on what should be included in such a document.
3.1.5 The new policy differs from the existing one in that it incorporates outline 
guidance for operators about what factors should be considered in the local risk assessment that they are required to submit in support of applications.
3.1.6 It is proposed that the outline guidance on factors to be considered in local risk 
assessment are:

The location of services for children such as 
schools, playgrounds, leisure/ community centres and other areas where children will gather.

The demographics of the area in relation to 
vulnerable groups

Whether the premises is in an area subject to 
high levels of crime and / or disorder.

Local risk assessments should show how 
vulnerable people, including people with gambling dependencies are protected.
3.1.7 Other minor amendments to address changes in legislation and terminology 
are detailed at Appendix 2.  
3.1.8 The changes will not have any impact on the licensing of premises in our 
district other than providing greater clarity in the policy.
3.1.9 It is proposed that a wide scale consultation exercise takes place for a 6-week 
period starting at week beginning 10 December 2018.  The consultation process will lead to the development of a final draft which will be tabled at a subsequent Licensing Committee prior to end date for referral to Full Council for consideration and, if appropriate, adoption and publication.
3.1.10 The 2005 Act allows Licensing Authorities to determine a resolution regarding 
the issue of casino premises licences.  The resolution will form part of the Council's Gambling Act 2005 Statement of Licensing Policy.
3.1.11 Section 7(1) of the 2005 Act states that 'a casino is an arrangement whereby 
people are given an opportunity to participate in one or more casino games'. Casino games are defined by the 2005 Act to mean a game of chance which 
is not equal chance gaming.  Equal chance gaming is gaming which does not involve playing or staking against a bank, and where the chances are equally favourable to all participants.

3.1.12 In relation to new casino premises licences, Local Licensing Authorities have 
the options:
          Not adopting a 'No Casino' resolution
Adopting a 'No Casino' resolution: passed under Section 166(1) of the 2005 Act.  This resolution may only be taken by the authority as a whole and (in England and Wales) cannot be delegated to the licensing committee.  

3.1.13 The Council has not passed a "no Casino resolution under section 166 of the     
Gambling Act 2005 and a there are a total of four premises licences issued for existing casinos in Northampton, each of which was issued under previous legislation and is automatically converted to have effect under the 2005 Act.  If a 'No Casino' resolution is passed this would not affect existing casino premises licences but would apply only to any new application.  If a 'No casino resolution is passed it has effect for a period of 3 years following which it will lapse.  If a 'No Casino' resolution is passed it may be revoked at any time by a further resolution.  If the Council does not make such a resolution at this stage it does not prevent it from doing so in the future if it considers it appropriate to do so.  
3.1.14 It is therefore recommended that the current position is maintained in the 
updated policy.

## 3.2 Choices (Options)

3.2.1 As a Licensing Authority, the Council is legally required to review and publish 
a statement of principles when exercising its functions under the Gambling Act 2005.  If the Council fails to complete the review and publish an updated policy it will be in breach of its legal obligations.
3.2.2 The Council has the choice to adopt or not adopt a "No Casino" resolution.
  
3.2.3 The Council could choose to adopt such a resolution.  This would only apply to 
any applications for new casinos.  The four existing casino premises which are now in use for operation in the town would not be affected by such a decision. 
 

## 4. Implications (Including Financial Implications) 4.1 Policy

4.1.1
The report is part of the process of the review and updating of the Council's 
Statement of Licensing Policy under the Gambling Act 2005

## 4.2 Resources And Risk

4.2.1 Financial: The issuing of relevant licenses will continue to generate income 
revenue, subject to certain limitations in relation to the level at which such fees can be set.

## 4.3 Legal

4.3.1 Section 349 of the Gambling Act 2005 requires all licensing authorities to 
prepare and publish a statement of the principles that they propose to apply in exercising their functions under the Act during the three-year period to which the policy applies.    
4.3.2 Regulations made under the 2005 Act require a statement of gambling 
licensing policy to include certain information prescribed in regulations.  The draft revisions to the policy include that information.  
4.3.3 Section 154 of the Act states that the Council as licensing authority may not 
delegate decision making in relation to:
4.3.3.1
whether to pass a 'no casino' resolution; or,
4.3.3.2
adoption of its statement of gambling licensing policy.  
and, accordingly, both decisions must ultimately be made by Full Council.
4.3.3 As the statutory committee responsible for the discharge of the Council's 
gambling licensing functions, this committee is able to formulate and consult on the proposed changes to the policy prior to any decision by Council as to whether to amend the statement of gambling licensing policy.
4.4.4 At present the Council is not currently able to grant any new casino premises 
licences however, a number automatically continue to have effect having been granted under previous legislation.  It would be necessary for a new statutory instrument to be made to allow the Council to grant new casino premises licences.  Even though the Council may not grant such licences at the moment it would be necessary to have clear and strong reasons to pass a resolution not to grant a casino premises licence at this time; the position could be reviewed at any time in the future.

## 4.4 Equality

4.4.1 No Implications

## 4.5 Consultees (Internal And External)

4.5.1
Appendix 3 outlines the organisations which will be consulted on the draft policy.

## 5. Background Papers 5.1 Gambling Act 2005

5.1.1 Gambling 
Commissions 
Guidance 
for 
Local 
Authorities 
http://www.gamblingcommission.gov.uk/for-licensingauthorities/GLA/Guidance-to-licensing-authorities.aspx
5.1.2 Gambling 
Commission 
Local 
Authority 
Bulletin 
http://www.gamblingcommission.gov.uk/PDF/LA-bulletin/Licensing-authoritybulletin-January-2018.pdf