Statement of Licensing Policy under The Gambling Act 2005 Consultation

Overview

What do we want to know:

We are seeking views on the draft Statement of Licensing Policy and Principles under the Gambling Act 2005 as the Council updates its policy which sets out how licensed businesses are regulated, this includes those that offer:

• Betting - making or accepting a bet on the outcome of a race, competition, or any other event;

• Bingo - including cash and prize bingo;

• Use of gaming machines in gaming centres and amusement arcades, pubs and clubs; and

• Lotteries, raffles and prize draws where you pay in order to take place in a prize draw.

The draft Statement of Licensing Policy sets out the way the Council proposes to carry out its licensing responsibilities, such as considering licence and permit applications from businesses.

The Statement of Policy and Principles guides the administration of licensing under the Gambling Act 2005 and will assist in ensuring that an appropriate balance is drawn between the interests of those wishing to provide and take part in legal gambling, and those who might be adversely affected by such activities. The Council continues to work with the Police, licence holders, and other agencies to achieve this objective. It will also ensure that there are methods for appropriate enforcement should operators fail to uphold the standards expected of them. 

Description:

The proposed Statement of Licensing Policy and Principles will run from January 2025. It will set out how the Council will promote the three licensing objectives:

• ensuring gambling is kept free from crime and disorder

• ensuring gambling is conducted in a fair an open way

• protection of children and vulnerable adults.

The document sets out the general approach to the making of licensing decisions. In addition the Council has published a Local Area Profile highlighting the key characteristics for consideration by operators when completing applications and their local area risk assessment.

The Council acting as the Licensing Authority are responsible for licensing physical premises and locations where gambling takes place. The Council also provides authorisations to gamble in premises where gambling is not the main activity (for example gaming machines in pubs). 

There are exceptions to this. The Council is not responsible for the National Lottery. The Council is also not responsible for any form of online gambling. These activities are regulated by the Gambling Commission. 

Proposed changes to the policy:

It is not proposed to make any major changes to the current Licensing Policy. A revised Licensing Policy has been prepared in consideration of the Gambling Commission’s Guidance to Licensing Authorities and taking into account issues and concerns that have arisen over the life of the current policy. The proposed changes are highlighted for consideration.