The Guidance to Local Authorities issued by the Gambling Commission may be revised from time to time and references to criteria etc. set out in this statement are to be construed as referring to the current edition of the Guidance. 2.0 CONSIDERATION OF APPLICATIONS 2.1 Nothing in this Statement will: Undermine the rights of any person to apply under the Act for a variety of permissions and have the application considered on its individual merits, or Override the right of any person to make representations on any application or seek a review of a licence or permit where they are permitted to do so under the Act, or Preclude each case being decided on its merits taking into account the measures proposed by an applicant to address the gambling licensing objectives. 2.2 The licensing authority’s primary obligation section 153(1) of the Act is to permit the use of premises in so far as it thinks that to do so is: in accordance with relevant of practice issued by the Commission in accordance with guidance issued by the Commission reasonably consistent with the licensing objectives (subject to (a) and (b) and in accordance with the Licensing Authority Statement of Policy published by the authority (subject to (a) to (c) above). 2.3 Primary Gambling Activity and Definition of Premises 2.3.1 In considering applications and undertaking its regulatory role the authority will apply the principles and tests set out in the Guidance in respect of the following matters: The primary gambling activity of the premises The definition of a “premises” Multi-purpose sites and multiple licences for a building Division of premises and access between premises
A person who will or may be connected with the promotion of the lottery has been convicted of a relevant offence. The licensing authority may require an applicant to provide an additional statement declaring that they have no relevant convictions that would prevent them from running lotteries. Information provided in or with the application for registration is found to be false or misleading. 5.7.7 The licensing authority will only refuse an application for registration after the society has had the opportunity to make representations. These will normally be considered at a formal hearing. The licensing authority will inform the society of the reasons why it is minded to refuse registration and provide it with at least an outline of the evidence on which it has reached that preliminary conclusion in order to enable representations to be made. Representations and objections that may result after such a decision will be handled in the same way that the authority would handle representations relating to other licensing matters. A copy of these procedures will be provided with the initial correspondence. 5.7.8 The licensing authority may determine to revoke the registration of a society if it thinks that they would have had to, or would be entitled to, refuse an application for registration if it were being made at that time. 5.7.9 Revocations will not take unless the society has been given an opportunity to make representations at a hearing or via correspondence. In preparation for this, the authority will inform the society of the reasons why it is minded to revoke the registration and provide them with the terms of the evidence on which it has reached that preliminary conclusion. 6.0 DECISION MAKING DELEGATION OF FUNCTIONS 6.1 Appreciating the need to provide a speedy, efficient and cost-effective service to all parties involved in the licensing process, the Licensing Committee may delegate certain decisions and functions and has established Sub-Committees to deal with them. Functions which are purely administrative in nature and non-contentious applications will be delegated to Council Officers. 6.2 A Licensing Sub-Committee of three Councillors will sit to hear applications where representations have been received from interested parties and responsible authorities. Ward Councillors will not sit on a panel involving an application within their ward. 6.3 Where a Councillor who is a member of the Licensing Committee is making or has made representations regarding a licence on behalf of an interested party, in the interests of good governance they will disqualify themselves from any involvement in the decision-making process.
representations have been withdrawn Application for a transfer of a licence Where representations have been received from the Commission Where no representations received from the Commission Application for a provisional statement Where representations have been received and not withdrawn Where no representations received/ representations have been withdrawn Review of a premises licence X Application for club gaming /club machine permits Where representations have been received and not withdrawn Where no representations received/ representations have been withdrawn Cancellation of club gaming/ club machine permits X Applications for other permits X Cancellation of licensed premises gaming machine permits X Consideration of temporary use notice X Decision to give a counter notice to a temporary use notice X Determination as to whether a person is an Interested Party X Determination as to whether representations are relevant X Determination as whether a representation if frivolous, vexatious or repetitive X The above delegations relate to the over arching principles of delegation for policy issues and applications for premises licences. Other delegations may be added from time to time and will be available at in accordance with the Council’s constitution and Scheme of Delegation to officers and the Commission’s Guidance. 7.0 RIGHTS OF APPEAL AND JUDICIAL REVIEW