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Title |
Gambling Act Policy 2025-2028 for Council adoption |
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Purpose of the report |
To make a decision |
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Report Author |
Lucy Catlyn, Principal Licensing Officer |
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Ward(s) Affected |
All Wards |
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Exempt |
No |
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Exemption Reason |
Not Applicable |
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Corporate Priority |
Community Environment Service delivery |
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Recommendations
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Committee is asked to:
Licensing Committee is asked to recommend adoption of the Gambling Act Policy 2025-2028 by Council (Appendix A)
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Reason for Recommendation |
Statutory requirement under the Gambling Act 2005
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1. Summary of the report
1.1 This report seeks to obtain authority from the Licensing Committee to recommend the Statement of Gambling Policy 2025-2028 policy to Council for adoption in accordance with the timetable specified in this report.
2. Key issues
2.1 The Gambling Act 2005 places a duty on local authorities to licence gambling premises.
2.2 The Act requires all local authorities to produce a Statement of Gambling Principles (the Policy) which licensing officers must give consideration to when determining gambling licence applications for their district.
2.3 It should be noted that functions in relation to the three-year policy statement cannot be delegated and remain functions of the Council.
2.4 Regular review and adoption of the Statement of Gambling Policy ensures that the licensing framework are up to date and effective in ensuring a safe and regulated environment for users of licensed premises. It will also ensure that there are methods for robust enforcement and review of problem licensed premises.
2.5 The policy statement under the Act lasts for a maximum period of 3 years but can be reviewed and revised by the Council at any time
2.6 The Licensing Committee agreed a draft revised policy for consultation on 23 July 2024. Consultation took place between 26 July 2024 and 26 August 2024 with those as published in the draft policy.
2.7 During the consultation period, there were three responses. The responses had nothing to add to the policy at this time:
(a) Lotteries Council asked that their email address be updated to admin@lotteriescouncil.org.uk
(b) Housing Options replied with no comments.
(c) GamCare have made a number of positive comments on the policy and suggested that the changes they propose are viewed in the context of the Gambling Act Review which will happen following the Government amending the legislation.
3. Options analysis and proposal
3.1 The preferred option is for Licensing Committee to recommend the policy to Council for adoption – in accordance with the timetable set out in this report.
3.2 There is an option for Licensing Committee to amend the policy. However, if the Committee decides on the latter course of action this will cause a delay in implementation of the policy.
3.3 If the Council fails to prepare and publish the policy statement the Council may be challenged when exercising its functions under the Act through a number of routes, e.g. service complaints to the Local Government and Social Care Ombudsman and judicial review. Conversely, by preparing and publishing the policy statement, the Council is complying with its legal obligation. In addition, the Council provides a defined framework within which to exercise its functions and makes it clear to all stakeholders the manner by which the Council intends to exercise its functions.
3.4 The recommendations are not at variance with the Human Rights Act 1998 and are unlikely to result in any adverse Human Rights Act implications. The recommendations are in line with relevant legal procedures prescribed by the Act and with guidance issued by the Gambling Commission.
3.5 The policy statement does not breach any individual or group’s human rights; it sets out processes and procedures that aim to protect human rights, in particular those rights that relate to a right to a fair trial, no punishment without law and right to respect for private and family life. If the policy statement were not followed, there is a risk that human rights may be breached.
3.6 Equality and Social Inclusion Impact issues for Protected Characteristic groupings during the consultation.
3.7 Age, in relation to children and young people;
· Disability, in relation to vulnerable adults; and
· Social Inclusion, in relation to the above and to those whom we may describe as vulnerable, including armed forces and ex-armed forces service personnel.
3.8 Reducing gambling related harm to residents is addressed in both the Gambling Act 2005
4. Financial implications
4.1 There are no financial implications resulting from the matters considered in this report. Costs associated with consultation and publication are minimal and will be met from within existing Licensing budgets.
5. Risk considerations
5.1 Audit have advised:
Risk: A lack of governance in relation to the Gambling Act 2005 may result in a failure to fulfil the Council’s statutory requirements.
Mitigation: The Statement of Gambling Policy 2022-2025 is aligned with the licensing objectives as set out in section 1 of the Act. The licensing objectives referenced are:
a) Preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime.
b) Ensuring that gambling is conducted in a fair and open way.
c) Protecting children and other vulnerable persons from being harmed or exploited by gambling.
Risk: Failure to achieve the licensing objectives set out in the Gambling Act 2005 would imply that the Council is not as effective as it could be in achieving its duty and regulatory functions as a licensing authority. Mitigation: In carrying out its licensing functions the Council will have regard to guidance issued by the Gambling Commission, the Gambling Commissions licence conditions, and codes of practice.
Risk: An approved Gambling Policy and mechanisms for regular policy review is not in place.
Mitigation: The production and approval of the Statement of Gambling Policy 2022-2025 demonstrates that the Council conforms with the requirement of the Gambling Act 2005.
6. Procurement considerations
6.1 This report refers to a draft policy for which there are no Procurement considerations.
7. Legal considerations
7.1 Under section 349 of the Gambling Act 2005, a Licensing Authority must prepare and publish the policy they propose to apply in exercising their functions under the Act.
7.2 Before determining a statement of policy, the licencing Authority has a statutory duty to consult, and before a statement comes not effect it must be published and advertised.
7.3 Prior to the policy coming into effect, it must be advertised in accordance with the Gambling Act 2005 (Licensing Authority Statement) (England and Wales) Regulations 2006.
8. Other considerations
8.1 In revising the policy and conducting the required consultation the Council will meet the requirements of the Gambling Act 2005.
9. Equality and Diversity
9.1 The Council’s draft Gambling Policy has been drafted with Equalities issues being considered in the context of the licensing objectives and local area plan. Specifically relevant to people with protected characteristics is the Licensing objective to protect children and other vulnerable persons from being harmed or exploited by gambling. This engages the characteristics of age and potentially disability.
9.2 An Equalities Screening Assessment has been carried out. The revised draft policy does not have any impact on protected characteristics.
9.3 Members are referred to section 1.5.1 of the draft Policy which sets out how the authority intends to protect children and to section 2.3 concerning Local Risk Assessments, which take into account factors such as the location of premises and their proximity to schools, nurseries, childcare facilities, centres for the care of vulnerable adults and or children, including facilities for the disabled and residential areas with a high concentration of children or older persons, demonstrating that the Council has had due regard to Equalities issues throughout.
9.4 The Local Area Plan contains key demographic information for the borough with regard to the protected characteristics under the Equality Act 2010.
10. Sustainability/Climate Change Implications
10.1 There are none.
11. Timetable for implementation
11.1 In revising the draft policy and conducting the required consultation the Council will meet the requirements of the Gambling Act 2005.
11.2 The proposed timetable is as follows:
· Report to Licensing Committee on 1 October 2024 to seek a recommendation to adopt a final proposed policy.
· Recommendation to Council on 24 October to adopt the final proposed policy.
12. Contact
12.1 Lucy Catlyn, Principal Licensing Officer (01784 444295) l.catlyn@spelthorne.gov.uk or licensing@spelthorne.gov.uk
Background papers
The Gambling Act 2005 http://www.legislation.gov.uk/ukpga/2005/19/contents
The Gambling Act 2005 (Licensing Authority Statement) (England and Wales) Regulations 2006. https://www.legislation.gov.uk/uksi/2006/636/contents/made
The Gambling Commission’s latest ‘Guidance to Licensing dated 13 May 2021 https://www.gamblingcommission.gov.uk/guidance/guidance-to-licensing-authorities
Gambling Commission - Licence Conditions and Codes of Practice dated 31 October 2020 Licence Conditions and Codes of Practice - Gambling Commission
Appendices:
Appendix A- Spelthorne Borough Council Statement of Gambling Policy 2025-2028
Appendix B – Gamcare response