1.
Introduction
1.1
The Gambling
Act 2005
1.1.1
General Statement
of Principles
Spelthorne Borough Council
(‘The Council’) has a duty to license a wide variety of
premises, these include casinos, betting shops, bingo halls, pubs,
clubs, and amusement arcades. The council is the Licensing
Authority for the purpose of the Gambling Act 2005 and the relevant
guidance and codes of practice.
In carrying out its licensing
functions the Licensing Authority will have regard to guidance
issued by the Gambling Commission, the Gambling Commissions licence
conditions and codes of practice.
The Licensing Authority will not
seek to use the Act to resolve matters more readily dealt with
under other legislation.
To ensure the licensing
objectives are met, the Licensing Authority will maintain close
working relationship with the police, the Gambling Commission and,
where appropriate, other responsible authorities.
Where children and other
vulnerable people are allowed access premises where gambling takes
place, the Licensing Authority may take whatever steps it considers
necessary to either limit access generally or by introducing
measures to prevent under-age gambling.
The Licensing Authority will not
normally seek to limit the access of children to any premises
unless it receives representations to that effect, or it believes
it is right to do so for the prevention of their physical, moral,
or psychological harm.
Applicants seeking premises
licences are encouraged to propose prohibitions or restrictions of
their own in circumstances where it is felt that the presence of
children would be undesirable or inappropriate.
The overriding principle is that each application and the
circumstances prevailing at each premise will be considered on
their own individual merits.
The Licensing Authority
acknowledges that when exercising licensing functions under the
2005 Act, it should have regard to this Policy. However, in
rare cases, being reasonably consistent with the licensing
objectives may lead it to make exceptions to policies or depart
from the Guidance. The Guidance and this Policy cannot anticipate
every possible scenario or set of circumstances that may arise and
exceptions will be rare.
1.1.2
The Functions of
Licensing Authorities
The Gambling Act 2005 (‘the Act’) places
a duty on Licensing Authorities in respect of various regulatory functions in relation to
gambling. The main
functions of Licensing Authorities are: -
·
Licensing premises for
gambling activities.
·
Considering notices
given for the
temporary use
of premises for gambling.
·
Granting permitsfor
gaming and gaming
machines in clubs and
miners’welfare
institutes
(where appropriate).
·
Regulating gaming
and gaming machines in alcohol licensedpremises.
·
Granting permits
to familyentertainment centresfor the use of certain lower stake gaming machines.
·
Granting permitsfor
prize gaming.
·
Considering occasional
use notices for
bettingat tracks
·
Registering small
societies’ lotteries
The Gambling Commission has responsibility for dealing with personal licences and operating licences.
1.1.3
The Licensing
Objectives
The Act regulates almost all gambling that takes place in England
and Wales, with exception of exempt gambling as specified under the
Act and the National Lottery which has its own legislation.
Responsibility for administering and enforcing the legislation is
split between the Gambling Commission and Licensing Authorities.
For the purposes of the Act Spelthorne Borough Council
(‘the Council’) is the Licensing Authority.
The overriding objective of the Licensing Authority is to regulate
gambling in the public interest. Accordingly, in exercising the functionsunder the Act, the Licensing Authority
will have regardto the licensing objectives as set out in section 1 of the Act. The licensing objectives are:
a)
Preventing gambling from being a source of crime or disorder, beingassociated with crime or disorder, or being
used to support crime.
b)
Ensuringthat gambling is conducted in a fair and open way.
c)
Protecting children
and other vulnerable persons from being harmed or exploitedby gambling.
When exercising functions for the
licensing of premises for gambling, Licensing Authority will also
act in accordance with section 153 of the Act which requires the
Licensing Authority to permit the use of premises for gambling as
far as they believe: -
a)
is in accordance with
any relevant code of practice under section 24.
b)
is in accordance with
any relevant guidance issued by the Commission under section
25.
c)
is consistent with the
licensing objectives (subject to paragraphs (a) and
(b)).
d)
is in accordance with
the statement published by the authority under section 349 (subject
to paragraphs (a) to (c)).
Section 153(2) of the Act states
that when determining an application licensing authorities cannot
consider demand for facilities to be provided at gambling
premises.
1.2
Spelthorne Borough
– Local Area Profile
Spelthorne’s local area profile is an
assessment of the local environment and identifies the key
characteristics of the Borough. It is intended that the local area
profile will provide the Council’s staff, operators, and
public with a better understanding and awareness of the
gambling-related risks in the Borough. In this context, risk
includes actual and potential risk and considers any future or
emerging risks.
Located in Surrey, approximately
16 miles from central London, Spelthorne benefits from good
transport links to both London and the southeast via both the road
and rail network. In addition, the proximity of Heathrow Airport
and easy access to Gatwick via the motorway network further serves
to make the Borough accessible and attractive to both individuals
and businesses.
Covering an area of approximately
19.75 sq. miles, Spelthorne has a population of approximately
103,000 (2021 Census) compared to 95,598 in 2011. Over that
ten-year period there has been a marginal increase in the under
19’s (from 22.7% to 22.9%), a decrease in the working age
population from 59.8% to 58.8% and an increase in over 65’s
(from 17.4% up to 18%). It is home to over 7,500 businesses
including BP, Pinewood (Shepperton Studios), dnata and Woodgroup
Ltd. Kempton Park is a key visitor attraction.
Located where the continuous
built-up area of London gives way to a more dispersed pattern of
urban areas and villages. The urban area of the Borough
occupies about 35% of the total area, while the land outside the
urban area covers about 65% of the Borough and is designated as
Green Belt. 22% of the Borough is water.
Spelthorne adjoins the River
Thames with the river frontage extending for 12 miles (the longest
stretch of any council) and demarcates one of the boundaries of the
Borough. The Borough is also crossed by two tributaries, the Ash
and the Colne. The Borough is flat and low lying and
consequently liable to flooding. About 20% of the urban area
is liable to flood in a 1 in 100-year flood event or surrounded by
flood water and over 49% of the urban area would be flooded in a 1
in 1,000-year event.
The Local Area Profile itself is a separate
document from this policy, this enables timely changes to the
profile to be made as and when changes occur, or additional
information is made available. This can be found here: -
Spelthorne population data - Spelthorne Borough Council.
A Map of Spelthorne is set out
at Annex 1.
1.3
Consultation
The full list of
consultees consulted in the preparation of this
Statementof Policy is attached as Annex 2.
1.4
Declaration
This statement
of policy has been prepared with due regard to the licensing objectives, the
guidance to licensing authorities issued by the GamblingCommission, and with due weight attached to any responses received from those consulted.
1.5
Responsible Authorities
The Responsible Authorities, as defined by section 157 of the Act,
must be notified of all gambling licence applications. Details of the Responsible Authorities are provided at Annex 3.
Concerns expressed by a
Responsible
Authorityin relation to
their own functions can only be considered if they are relevant to the application itself and the licensing objectives. In this
regard the Council will not generallyconsider representations that are deemed to be irrelevant, that is: -
·
there are too
many gamblingpremises in the locality.
·
the premises are likely to be a fire risk.
·
the location
of the premises is likely to lead to traffic congestion.
·
the premises will cause
crowds to congregate in one area causing noise and nuisance.
Each representation
will be considered on
its own merits.
1.5.1
Protection of children
Section 157(h) of the Act permits the Council’s to designate a competent body to advise them on the protection of children from harm. In doing so the
Council will ensure that the following principles are
applied: -
·
the need for the body to
be responsible for
an area covering the whole ofthe licensing authority’s
area.
·
the need for the
body to be answerable to democratically elected persons, rather than any particular vested interest group, etc,
Having
regard to the above principles and part 6 of the
Guidance, the Council
designates the
Surrey County Council Children’s Service for this purpose.
1.6
Interested Parties
Interested parties can
make representations
about licence applications or apply for a review of an existing licence. The Act
definesinterested partiesas persons who in the opinionof the Licensing Authority: -
a)
live sufficiently close
to the premises and are likely to be affectedby the authorised activities.
b)
have business interests that might be affected by the authorised activities.
c)
represent persons who satisfyparagraph (a) or (b).
Whether or not a
person is an
interested party is a
decision that will be taken by the Licensing Authority on a
case-by-case
basis. However, the following factors will be considered: -
·
the size of the premises.
·
the nature of the premises.
·
the distance
of the premises from the location of the person making the representation.
·
the potential
impact of the premises (number of customers, routes likely to be taken by those visiting the establishment).
·
the nature of the complainant. This is not
the personal characteristics ofthe complainant but the interests of the complainant which may be relevant to the distance from the premises. For example, it could be reasonable for an authority to conclude that “sufficiently close to
be likelyto be
affected”
could have adifferent meaningfor (a) a private resident; (b) a residential school for children with truanting problems; and (c) residential hostel for vulnerable adults.
·
the ‘catchment’ area
of the premises (i.e. how far people travel tovisit); and whetherthe person makingthe
representation
has business interests in that catchment area that might be affected.
This list isnot
exhaustive and other
factors may be
taken into consideration in an individual case.
The Licensing Authority considers the following bodies/associations to fallwithin the categoryof those who represent persons living close to premises, or
having business
interests that might be affected by the authorised activities: -
·
trade associations
·
trade unions
·
residents’ and
tenants’
associations
·
ward/county councillors
·
MPs
This list isnot
exhaustive, and
the Licensing Authority
may consider
other bodies/associations/ personsto fall
within the category in the circumstances of an individual case.
The Licensing Authority
may require
written evidence that the person/association/body represents an interested party.
1.7
Exchange of Information
The Licensing Authority
regards the lawful and correct treatmentof information as very important to the successful and efficient performance of the Licensing Authority’s
functions, and to
maintaining confidence
between the people/bodies we deal with and ourselves. We ensure that our organisation treats information lawfully and correctly.
Information provided to the Licensing Authority
in connection
with the Gambling Act may not be held confidentially if in fulfilment
of its functions the Council is under a duty to share the information, with for example: -
·
the Gambling
Commission
·
other public
bodies, or
·
legitimate
consultees
In handling the information it receives consideration will be given to guidance issued by the GamblingCommission, and to the Council’s
duties under the General Data Protection Regulation, and the
Freedom of Information Act.
Any person wishing to
obtain further information about their rights under the Data Protection Act 2018, Freedom of Information Act 2000, or the General Data Protection
Regulation may view the Council’s policies at www.spelthorne.gov.uk
1.8
Enforcement
The Act requires licensing authorities to state the principles they will
apply when exercising their functionsunder Part 15 of the Act, with regards to
inspecting premises, and its powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified. The Licensing
Authority’s principles are that it will be guided by the GamblingCommission’s Guidance
to Licensing Authorities and will endeavour to be: -
·
Proportionate:
regulators should only intervene when necessary, remedies should be appropriate to the riskposed, and costs identified and minimised.
·
Accountable:
regulators must be able tojustify decisions and be subject to public scrutiny.
·
Consistent: rules
and standards must be joined-up and implemented fairly.
·
Transparent:
regulators should be open and keep regulations simple and user friendly.
·
Targeted: regulation should be focused on the problem and minimise side effects.
·
In accordance
with the Gambling Commission’s Guidance to Licensing Authorities, The Licensing
Authority will
endeavour to
avoid duplication with other regulatory regimes so far as is reasonably
possible.
The Licensing Authority has adopted and implemented a risk-based
inspection programme based on: -
·
The licensing
objectives.
·
Relevant codes of practice.
·
Guidance issued by the
Gambling Commission, particular with reference to Part 36.
·
The principles set out in this statementof licensing principles.
The Licensing Authority’s main enforcement and compliance role in terms
of the Gambling Act 2005 is to ensure compliance with the premises licences and other permissions which it authorises. In the application of its
duties the Licensing Authority will have regard to the principles of “Better Regulation” as
outlined by the
Department for
Business Innovation and Skills in the regulators code April
2014.
1.9
Reviews of Premises
Licences
Requests for a review of a
premises licence can be made by interested parties or responsible
authorities (it should be noted that there is no mechanism to
review any permit or notice). However, it is for the Licensing
Authority, to decide whether a request will result in a review.
Such a decision will be taken in consideration of, amongst other
matters, the following: -
- any relevant code of practice or
guidance issued by the Gambling Commission.
- the licensing
objectives.
- the Licensing Authority’s
Statement of Policy.
- whether the request is considered
frivolous, vexatious, or whether it will certainly not cause the
authority to wish to alter or revoke or suspend the
licence.
- whether the request is
substantially the same as previous representations or requests for
a review.
The Licensing Authority may also
initiate a review of a premises licence. The purpose of such a
review would be to determine whether it should take any action in
relation to the licence. Following a review, the actions open
to the Licensing Authority are: -
·
add, remove, or amend
a licence condition imposed by the Licensing Authority.
·
exclude a default
condition imposed by the Secretary of State or remove or amend such
an exclusion.
·
suspend the licence
for any period not exceeding three months.
·
revoke the
licence.
In considering what action, if
any, should be taken following a review the Licensing Authority
must have regard to the principles set out under section 153 of the
Act, as well as any relevant representations.
2.
Premises Licences
2.1
Decision
making –
General
In accordance
with Section 153 of the Act, the Council shall aim to permit the use of premisesfor gambling in so far as it
considers it to be:
-
·
in accordance
with relevant codes of practice issued by the Gambling Commission
·
in accordance
with relevant guidance issued by the Gambling Commission
·
reasonably consistent
with the licensing
objectives and in
accordance with theauthority’s statement
of licensing policy
The Council will not have regard to demand for facilities proposed to provide, or the likelihood of the applicant obtaining planning permission or
building regulations
approval for the
proposal.
Moral objections to gambling will not be considered by the Council as they are nota valid reason for rejecting an application for a premises licence.
Each case will be considered on its
individual merits. However, to assist applicants and objectors alike, this sectionsets out the general factors that will be considered by the Licensing Authority when
considering applications for premises licences.
This authority notes the Commission’s view that it is also
important, in relation to the licensing objective of protecting
vulnerable persons from being harmed or exploited by gambling, that
customers should be offered a balanced mix of betting and gaming
machines in licensed betting premises.
Accordingly, an operating licence
condition provides that gaming machines may be made available for
use in licensed betting premises only at times when there are also
sufficient facilities for betting available. In this respect, such
facilities must include information that enables customers to
access details of events on which bets can be made, make such bets,
learn of the outcome, and collect any winnings.
2.2
Premises “ready for gambling”
The Licensing Authority should
not take into consideration matters that are not related to
gambling and the licensing objectives. Licensing Authorities should
bear in mind that a premises licence, once it comes into effect,
authorises premises to be used for gambling. Accordingly, a licence
to use premises for gambling should only be issued in relation to
premises that the Licensing Authority can be satisfied are going to
be ready to be used for gambling in the reasonably near future,
consistent with the scale of building or alterations required
before the premises are brought into use. (Equally, licences should
only be issued where they are expected to be used for the gambling
activity named on the licence). This is why the Act allows a
potential operator to apply for a provisional statement if
construction of the premises is not yet complete, or they need
alteration, or he does not yet have a right to occupy them. Part 11
of the Guidance gives more information about provisional
statements.
2.3
Local Risk
Assessments
The location of premises may be
relevant to the promotion of the licensing objectives. In
particular, premises located in close proximity to the following
may give rise to concern:
·
Schools
·
Vulnerable adult
centres
·
Residential areas with
a high concentration of children
Much will depend upon the type of gambling that it is proposed will
be offered on the premises. The Council will, where appropriate,
consider the location on a case-by-case basis. If the proposed
location does pose a risk to the promotion of the licensing
objectives, the applicant will be invited to show how they propose
to overcome such concerns. The Gambling Commission has
introduced provisions in its social responsibility code within the
Licence Conditions and Codes of Practice (LCCP), which require
gambling operators to assess the local risks to the licensing
objectives posed by the provision of gambling facilities at each of
their premises, and to have policies, procedures, and control
measures to mitigate those risks. The introduction, during 2016, of
new provisions in the social responsibility code within the LCCP
encourages local authorities, the Commission, and the industry to
work in partnership to address local issues and concerns.
Licensees must review (and update
as necessary) their local risk assessments: -
- to take account of significant
changes in local circumstances, including those identified in a
Licensing Authority’s statement of licensing
policy.
- when there are significant
changes at a licensee’s premises that may affect their
mitigation of local risks.
- when applying for a variation of
a premises licence.
·
and in any case,
undertake a local risk assessment when applying for a new premises
licence.
Licensees are expected to share
their risk assessment with the Licensing Authority when applying
for a premises licence or applying for a variation to existing
licensed premises, or otherwise on request.
When compiling their risk
assessments, it is expected that licensees will refer to
Spelthorne’s Local Area Profile.
Under the code of practice, the
requirement to share risk assessments with the Council is not
mandatory; however, the Council will expect licensees to do this
unless there are exceptional circumstances that are accepted by the
Council, and which would exempt a licensee from the requirement to
share their risk assessment.
The Council will expect the local
risk assessment to consider as a minimum:
·
Whether the premises
is in an area of deprivation
·
Whether the premises
is in an area subject to high levels of crime and/or
disorder
·
The ethnic profile of
residents in the area
·
The demographics of
the area in relation to vulnerable groups
·
The location of
services for children such as schools, playgrounds, toy shops,
leisure centres and other areas where children will
gather
Where specific local risks are
identified, the risk assessment should set out how the operator
proposes to mitigate and monitor these risks. The risk assessment
should also show how vulnerable people, including people with
gambling dependencies, are protected.
Other matters that the assessment
may include:
·
The training of staff
in brief intervention when customers show signs of excessive
gambling, the ability of staff to offer brief intervention and how
the manning of premises affects this.
·
Details as to the
location and coverage of working CCTV cameras, and how the system
will be monitored.
·
The layout of the
premises so that staff have an unobstructed view of persons using
the premises.
·
The number of staff
that will be available on the premises at any one time. If at any
time that number is one, confirm the supervisory and monitoring
arrangements when that person is absent from the licensed area or
distracted from supervising the premises and observing those
persons using the premises.
·
Arrangements for
monitoring and dealing with under age persons and vulnerable
persons, which may include dedicated and trained personnel,
leaflets, posters, self-exclusion schemes, window displays and
advertisements not to entice passers-by etc.
·
The provision of
signage and documents relating to games rules, gambling care
providers and other relevant information is provided in both
English and any other prominent first language for that
locality.
·
Where the application
is for a betting premises licence, other than in respect of a
track, the location and extent of any part of the premises which
will be used to provide facilities for gambling in reliance on the
licence.
Such information may be used to
inform the decision the council makes about whether to grant the
licence, to grant the licence with special conditions or to refuse
the application.
This policy does not preclude any
application being made and each application will be decided on its
merits, with the onus being upon the applicant to show how the
concerns can be overcome.
2.4
Plan
The Licensing Authority expects
applications for premises licences to be accompanied by a plan of
the premises to scale.
2.5
Multiple licences / layouts of buildings
Premises are defined in the Act
as including ‘any place’, but no more than one Premises
Licence can apply in relation to any one place. A single building
can be subject to more than one Premises Licence, provided they are
for different parts of the building and those parts can reasonably
be regarded as being different premises.
The Licensing Authority takes
particular note of the Gambling Commission’s Guidance to
Licensing Authorities which states that: Licensing Authorities
should take particular care in considering applications for
multiple licences for a building and those relating to a discrete
part of a building used for other (non-gambling)
purposes.
The Licensing Authority
will consider this and other relevant factors when making its
decision, depending on all the circumstances of the
case.
Paragraph 7 of the Gambling
Commission’s Guidance to Licensing Authorities contains
further guidance on this issue, which the Licensing Authority will
consider in its decision-making.
In accordance with the Gambling
Commission guidance, an overriding consideration will be whether,
taken as a whole, the co-location of the licensed premises with
other facilities has the effect of creating an arrangement that
otherwise would, or should, be prohibited under the Act.
2.6
Provisional
Statements
Developers may wish to apply for
a provisional statement before entering into a contract to buy or
lease premises or land so that they can judge whether the
development is worthwhile. There is no requirement for an applicant
to hold an operating licence before applying for a provisional
statement. Applicants must comply with section 204 of the
Act.
2.7
Licence Conditions
and Codes of Practice
The Licensing
Authority will expect all operators to have policies and procedures
in place as required by the LCCP codes on social responsibility to
cover all aspects of the code, in particular staff training records
and self-exclusion records.
Further provisions
about self-exclusion and marketing are included in the social
responsibility code. The Licensing Authority will take all
conditions and codes into account when considering applications or
performing enforcement activities.
2.6
Risk Assessments: Betting Premises
Risk assessments are required from
new applicants, and from existing premises licensees seeking to
vary a licence. The code requires all operators of Casinos, Adult
Gaming Centres, Bingo Premises, Family Entertainment Centres,
Betting shops, and remote betting intermediaries to assess local
risks to the licensing objectives, and to have policies,
procedures, and control measures in place to mitigate those
risks.
Operators are required
by the Social Responsibility code to make the risk assessment
available to the Licensing Authority when an application is
submitted either for new premises licence or variation of a
premises licence, or otherwise on request, and this will form part
of the Licensing Authority’s inspection regime and may be
requested when officers are investigating complaints.
While applications will be
considered on a case-by-case basis, the matters to be considered by
operators when making their risk assessment could include:
-
·
Information held by
the licensee regarding self-exclusions and incidences of underage
gambling.
-
Arrangement for
localised exchange of information regarding self-exclusions and
gaming trends.
-
Urban setting such as
proximity to schools, commercial environment, factors affecting
footfall.
-
Range of facilities in
proximity to the licensed premises such as other gambling outlets,
banks, post offices, refreshment, and entertainment type
facilities.
-
Known problems in the
area such as problems arising from street drinkers, youths
participating in anti-social behaviour, drug dealing activities,
etc.
- Matters relating to children and
young persons, including: -
o Institutions, places,
or areas where presence of children and young persons should be
expected such as schools, youth clubs, parks, playgrounds, and
entertainment venues such as bowling allies, cinemas
etc.
o Any premises where
children congregate including bus stops, café’s,
shops, and any other place where children are attracted,
o Areas that are prone
to issues of youths participating in anti-social behaviour
(including such activities as graffiti/tagging, underage drinking,
etc.) and therefore more likely to have a higher number of youths
loitering in close proximity.
o Recorded incidents of
attempted underage gambling.
-
Matters relating to
vulnerable adults, including: -
o
Information held by
the licensee regarding self-exclusions and incidences of underage
gambling.
o
Gaming
trends that may mirror days for financial payments, such as pay
days or benefit payments.
o
Arrangement for
localised exchange of information regarding self-exclusions and
gaming trends.
o
Proximity
of premises which may be frequented by vulnerable people such as
those in hospitals, residential care homes, medical facilities,
doctor’s surgeries, council housing offices, addiction
clinics or help centres, places where alcohol or drug dependant
people may congregate.
This list is not intended to be
exhaustive, and operators should include in their assessment any
matter that they deem relevant. The Licensing Authority does expect
any assessment to include information on the provisions of
information on gambling responsibly, as well as self-exclusion
measures – and how readily available both are on a
premises.
2.9
Conditions
Conditions may be
imposed upon a premiseslicence in severalways. These are: -
(a)
Mandatory– set bythe Secretary of State (some set out on the face of the Act) and some to be prescribed in regulations, for all,or classes of licence.
(b)
Default – to be prescribed in regulations made bythe Secretary of State, to be
attached to all or
classes oflicences unless excluded by the Licensing Authority.
(c)
Specific– conditions that can be attached to an individual licence by the Licensing Authority.
Conditions imposed by
the Licensing Authority
will be proportionate to the circumstances that they are seekingto address. In particular, the Licensing
Authority will ensure
that premises licence conditions:
·
are relevant
to the need to make the proposed building suitable as a gambling facility.
·
are directly relatedto
the premises and the type of licenceapplied for.
·
are fairly and reasonably related to the scale and type of premises.
·
are reasonable in
allother respects.
The Licensing Authority will not
apply conditions
upon a premises
licence in relation to the followingmatters: -
·
Any condition
on the premises licence which makes it impossible to comply with an operating licence condition.
·
Conditions relatingto gaming machine categories, numbers, or method of operation.
·
Conditions which provide that membership of a club or body be required (the Gambling Act 2005 specifically removes the membership requirement for casino and bingo clubs and this provision prevents it being reinstated).
·
Conditions in
relationto stakes, fees,
winning or prizes.
Conditions that are additional to
the mandatory and default conditions will only be imposed where
there is evidence of a risk to the licensing objectives.
2.10
Door Supervisors
If the Licensing Authority do consider it
necessaryto impose a condition on a premiseslicence requiring the presence of door supervisors, such persons will be required to hold the appropriate licence from the Security Industry Authority (SIA).
This requirement
does not apply to door
supervisors at
licensed casino or bingo premises, who are exempt from the licensing requirements of the Private Security IndustryAct 2001.
The Licensing Authority will only impose
a condition requiring
door supervisors
where such a
condition is
considered necessaryand proportionate to be compatible with the licensing objectives.
2.11
Adult gaming centres
Adult gaming centre premises provide
higher pay-out gaming machines. Persons operating this type of gaming centre must obtain an operatinglicence from the Commission and a premises licence from the Licensing Authority. This
will allow the operator to make category B (B3 and B4), C
& D machines available to their customers.No one under the age of 18 is permitted to enter anadult gaming centre.
“Gaming machines”
means “a machine which is designed or adapted for use by
individuals to gamble (whether or not it can also be used for other
purposes).”
When considering
licence applications for adult gaming centres,weight will be given to the need to protect children and vulnerable persons from harm or being exploited by gambling. The Licensing Authority will therefore expect applicants to demonstrate that there will be sufficient measures in place about
this objective.
Applicants are encouraged to considerthe following steps: -
·
Proof of age schemes
·
CCTV
·
Supervision of entrances / machine areas
·
Location of and entry to premises (to minimise the opportunities for children to
gain access)
·
Notices / signage
·
Training for staff
onchallenging persons
suspectedof being underage.
·
Specific opening hours
·
Self-barring schemes
·
Provision of information
leaflets / helpline numbers for organisations such as GamCare.
·
Betwatch schemes
This list isnot exhaustive and is merely
indicative ofexample measures.
2.12
Licensed family
entertainment centres
Operators of licensedfamily entertainment centres will require an operating licence from the Gambling Commission, and a premises licence from the Licensing Authority. This
will allow the
operator to make
category C & D
machines available to their customers.
Children and
young persons will be able to enter licensed family entertainment centres and play on category D machines but will not be
permitted to play on
category C
machines. As family entertainment centres will particularly appeal to
children and
young persons, weight
shall be given
to child protection issues. Where categoryC machines are available in licensed family
entertainment
centres the Licensing Authority will
normally require that: -
·
All such machinesare
located in an
area of the premisesseparate from the remainder of the premises by a physical barrier which is effectiveto prevent access other than through a designated entrance.
·
Only adults are
admitted to the area
where the machines are located.
·
Access to the area where the machines are located is supervised.
·
The area where the
machines are
located is arranged so that it can be
observedby staff of the operator or the licence holder.
·
At the entrance to, and
inside any such area
there are prominently displayed notices indicating that access to the area is prohibited for persons under 18.
Applicants are
thereforeencouraged to considerthe steps set out in this policy in order to preventchildren and young persons from gaining access to categoryC machines. Inaddition, applicants are encouraged to consider the following: -
·
Physical separation of areas.
·
Measures / training
for staff on how to deal with suspectedtruant school children on the premises.
This list is not mandatory, nor exhaustive, and is
merelyindicative
of examplemeasures.
2.13
Tracks
Tracks are sites (including racecourses and dog tracks) where a race or other sporting events take place. Operators of tracks will require a premises licence from the Licensing Authority, but they do
not need to obtain an operatinglicence from theGambling Commission (although they may have one).
Tracks may be subject to
one or more than one premises licence, provided each licence relates to a specified area of the track.
It will be a
mandatory condition of all track licences that children and young persons are excludedfrom any areas where facilities for betting are
provided,and
any area where a gaming machine,other than a category D machine,is situated. Special dispensation from this rule is providedfor dog tracks and horse racecourses, on days when racing takes place,in relation to the areas used for betting. On these days families will be entitledto attend the track or racecourse, and children enter the areas where facilities for betting are provided. This race day dispensation does not apply to the areas where gaming machinesof category B & C are provided, and the Licensing Authority will therefore wish to ensure that suitablemeasures are in place to prevent children from entering such areas.
Applicants should consider the steps set out in this policy to prevent the access of childrenand young people to machinesof category B & C. In addition, applicants should consider the following: -
·
Physical separation of areas.
·
Measures / training
for staff on how to deal with suspectedtruant school children on the premises.
Gaming
machines at Tracks
Holders of
bettingpremises
licences in respect
of trackswho also hold a pool bettingoperating licence may make availableup to four gaming machines (categories B2 to D) on the track.
The Licensing Authority will therefore expect the applicant to demonstrate that suitable measures are in place to ensure that childrenare prevented from enteringareas where machines (other than categoryD machines) are made available.
Condition on rules being displayed at Tracks
The Licensing Authority
will attach a
conditionto track
premises licences requiring the track operator to ensure that the rules are prominently displayed in or near the betting areas, or that other measures are taken to ensure that they are made available to the public. For example, the rules could be printed in the race card or made available in leafletform from the track office.
Applications and plans for Tracks
The Licensing Authority
will require the
followinginformation
from applicants for premises licences in respectof tracks: -
·
detailed plans for the racetrack itself and the area that will be used for temporary “on-course”
betting facilities (often known as the “betting ring”).
·
in the case of dog tracks and horse racecourses, details of the fixed and mobilepool betting facilities operated by the Tote or track operator, as well as
any other proposed
gambling facilities.
Plans will need to
make it clear
what is being
sought for authorisation under the trackbetting premiseslicence and what, if any, other areas are to be subjectto a separateapplication for a different type of premises licence.
2.14
Travelling Fairs
It will fall to the
Licensing Authority to decide whether, where category D machines
and/or equal chance prize gaming without a permit is to be made
available for use at travelling fairs, the statutory requirement
that the facilities for gambling amount to no more than an
ancillary amusement at the fair is met.
The Licensing
Authority will also consider whether the applicant falls within the
statutory definition of a travelling fair. It has been noted that
the 27-day statutory maximum for the land being used as a fair is
per calendar year, and that it applies to the piece of land on
which the fairs are held, regardless of whether it is the same or
different travelling fairs occupying the land.
2.15
Casinos
No Casinosresolution
-The
Licensing Authority has
not issued a
‘no casino’ resolution
under
Section166 of the GamblingAct 2005 but is aware that it has the power to do so. Should the Licensing Authority
decide in the future to
pass such a resolution, it will update this policy statement with details of that resolution.
2.16
Betting Premises
This paragraph
deals with off-course betting, that is betting that takes place other than at a track
(commonlyknown as a
licensed betting office).Operators of betting premiseswill require an operatinglicence from the Gambling Commission and a
premiseslicence
from the Licensing
Authority.
The holder of a betting premiseslicence may make availablefor use up to four
gamingmachines of category B (B2, B3 or B4), Cor
D.
The Licensing Authority may, in accordance with section 181 of the Act, restrictthe number of bettingmachines, their nature, and the circumstances in which those machines are made available for use. When considering whether to impose such a condition, the Licensing Authority will consider the following: -
·
the size of the premises.
·
the numberof counter positions available for person-to-person
transactions.
·
the ability of staff
to monitor the use of the machines by children and young persons (it is an offence for those under 18 to bet) or by vulnerable people.
The Licensing Authority
will therefore
expect applicants
to have fully considered these
issues in their
application and risk
assessments and
may ask for alterations
to plans where it is
not satisfied that adequatesupervision of the machines can be ensured.
The Licensing Authority
will only restrict the
number of betting machines where there is evidence that breaches of the licensing objectives have occurred or are likely to occur.
2.17
Bingo
Operators of premises offering bingo (cash or prize) will require a bingo operating licencefrom the Gambling Commission, and a Premises Licence from the Licensing Authority.
The holder of a bingo premiseslicence
may, in addition to bingo in all its forms, make available for use up to four category B gaming machines (B3 & B4) and any number ofcategory C & D machines.
It is importantthat if children are allowed to enter
premises licensed for bingo that they do not participate in gambling,other than on category D machines. Where category C or above machines are availablein premises to which childrenare admitted the Licensing Authority will normallyrequire that:
·
all such machines are
located in an
area of the premisesseparate from the remainder of the premises by a physical barrier which is effectiveto prevent access other than through a designated entrance.
·
only adults are
admitted to the area
where the machines are located.
·
access to the area where the machines are located is supervised.
·
the area where the
machinesare located is arranged so that it can be
observedby staff of the operator or the licence holder.
·
at the entrance to, and
inside any such area
there are prominently
displayed notices indicating that access to the area is prohibited to personsunder 18.
2.18
Temporary Use Notices
Temporary use notices allow the use of premises for gamblingwhere there is no premises licence but where a person or company holding a
relevant
operator’s licence wishes to use the premises temporarily for
providing facilities for
gambling.
If objections are
received to a temporary use notice (from the Police, Gambling Commission, HM Revenues & Custom or any other Licensing Authority in whose area the premisesare situated, the Council will hold a hearingto consider the representation (unless all
the participants agree that a hearingis unnecessary).
If the Council, after a hearing has taken place or been dispensed with, considers that the temporary use notice should not have effect, it will issue a counter-notice
which may: -
·
prevent the temporary use notice from taking effect.
·
limit the activities
that are permitted.
·
limit the time
period of the gambling.
·
allow the activities to take place subject to a specified condition.
The Council will apply the principles set out in this Statement of Policyto any consideration as to whether to issue a counter-notice.
2.19
Occasional Use Notices (OUNs)
Occasional Use Notices allow licensed bookmakers to provide betting
facilities at genuine sporting events for a short period of time,
without needing a full betting premises licence. The event
must be temporary or infrequent. For example, at point-to
point racecourses or major golf tournaments.
3
Permits
3.1
UnlicensedFamily
Entertainment Centre
gaming machine permits
Paragraph 3.1 constitutes a Statement of Principles in accordance
with paragraph 7 of Schedule 10 of the Act. Unlicensed family
entertainment centres (UFECs) require a permit from the local
Licensing Authority. Permits have effect for 10-years unless they
are surrendered or lapse.
Unlicensed family
entertainment
centres will be able to offer category D machines if granted a permit by the Licensing Authority. If an operator of a family entertainment centre wishes to make category C machines available in additionto category D machines,they will need to apply for
anoperating licence (thereby becoming a licensed
family entertainment centre) from the Gambling Commission and a premises licencefrom the Licensing Authority.
The Council can grant or refuse an application for a permit but cannot attach conditions.
The Council will expectthe applicant to show that there are policiesand procedures in place to protectchildren from harm. Harm in this context is not
limitedto harm from
gambling but
includeswider child protection considerations.
The Council will also expect applicants to include/demonstrate: -
·
what staff should doif they suspect that truant children are on the premises.
·
how staff should deal with unsupervised young children on thepremises.
·
how staff should
deal with children causingperceived problems on or around the premises.
·
a full understanding of
the maximumstakes and prizes of the gambling that is permissible in unlicensed familyentertainment centres;
·
that the applicanthas no relevant convictions (those that are set out in Schedule7 to the Act);
·
that staff are
trained to have a full understanding of the maximumstakes and prizes.
3.2
(Alcohol) Licensed
premises gaming machine permits
Premises licensed to
sell alcohol for
consumption on the premises, can automatically have two gaming machines, of categories C and/or D. The
holder of the premises licence under the Licensing Act
2003, authorising
the sale of alcohol will simply need to notifythe Licensing Authority, and pay the prescribed fee.
The Licensing Authority
may remove the
automatic authorisation of any particular premises if: -
·
provision of the machines is not reasonably consistent with the pursuit of thelicensing objectives.
·
gaming has taken place on the premises that breaches a condition of section 282of the Act.
·
the premises are mainlyused for gaming.
·
an offence under the Act has been committed on the premises.
If a premises
wishes to have more than two machines, then the holder ofthe premises licence will need
to apply for a permit.The Licensing Authority shall consider that application having regard to the licensing objectives, any guidance issued by the GamblingCommission issued
under Section 25 of the Act, and anyother matters that are considered relevant.
The Licensing Authority
shalldetermine
what constitutes a relevant consideration on a case-by-case
basis, but weight shall be given to the third licensing objective i.e. protecting children and vulnerable persons from being harmed or being exploited by gambling. To this end, the Licensing Authority will expect applicants to demonstrate: -
·
That there will be
sufficient measures in
place to ensure that under 18-year-olds do not have access to the adult only gaming
machines.
·
Measures may include the
adult machines being in sight of the bar, or in the sight of staff who will monitor that the machinesare not
beingused by
those under 18.
·
Notices and signage.
With respectto the protection of vulnerable persons, the Licensing Authority will expect applicants to provideinformation leaflets / helpline numbers for organisations such as GamCare.
It is recognised
that some alcohol-licensed premises may apply for a
premises licence for their non-alcohol licensed areas. An application for an Adult Gaming Centre premiseslicence would be necessary in these circumstances. The Licensing
Authority may decide to
grant the application with a smaller number of machines and/or a different category of machines than that appliedfor. The Licensing Authority
will not attach any other conditions in granting such an application.
The holder of such a permit will be required to comply with anyCode of Practice issued by the Gambling Commission about the location and operation of the machines.
3.3
Prize gaming
permits
Applicants for
prize gamingpermits should set out the types of gamingthat he or she is intending to offer. The applicant will be required to demonstrate:
·
that they understand the limits to stakes and prizes that are set out in Regulations; and
·
that the gamingoffered
is within the
law.
In making its decision
on an application
for this type of permit the Licensing Authority does
not need to have regard to the licensingobjectives but will have regard to any Gambling Commission guidance. Weight will be given to child protection issues.
Relevant considerations are likely to
includethe suitability of the applicant(i.e. if the applicanthas any convictions which would make them unsuitable to operate prize gaming) and the suitability of the premises. Applicants for prize gaming permits must
disclose any
previousrelevant convictions to the Licensing Authority.
The Licensing Authority
may grant or
refusean application for a permit but will not attach any conditions. However, there are four conditions in the Act that permit holders must complywith. These are: -
·
the limits on participation fees, as set out in regulations.
·
all chances to participate in the gaming must beallocated on the premises on which the gaming is taking place and on
one day; the game must be played and completedon the day the chances are allocated; and the resultof the game must be made public in the premises on the day
that it is played.
·
the prize for
which the game is played must not exceed the amount set out in regulations (if a moneyprize), or the prescribed value (if non-monetary prize).
·
participation in
the gaming must not entitle the player to take part in any other gambling.
3.4
Club gaming and club
machine permits
Members clubs (but not commercial clubs) may applyfor a club gaming permit.The club gaming permit will enable the premises toprovide gaming machines(three machines of categories B4, C or D), equal chance gaming and games of chance.
If a club does not wish tohave the fullrange of facilities permitted by a club gaming permit or if they are a
commercial club
not permitted to provide non-machine gaming
(other than exempt gaming under section 269
of the Act), they may
apply for a club machine permit, which will enable the premises to provide gaming machines (three machinesof categories B3A, B4, C or
D).
Members’ clubs
must have at
least 25 members and be established and conducted “wholly or mainly” for purposes other than gaming, unless the gaming is permitted by separate regulations. A members’club must be permanent in nature, not established to make commercial profit, and controlled by its members
equally.
The Licensing Authority
will only refuse such an
application on one or more of the following grounds: -
·
the applicant
does not fulfilthe
requirements for a
members’or commercial club or and therefore is not entitled to receive the type of permit for which it has applied.
·
the applicant’s
premises are
used whollyor mainly by children and/or young persons.
·
an offence under the Act or a breach of a condition of apermit has been committed by the applicant while providinggaming facilities.
·
a permit held bythe applicant has been cancelled in the previous ten years.
·
an objection
has been lodged by the Gambling Commission or the Police.
There is a
‘fast-track’ procedure available for clubs which hold a club premises certificate under the Licensing Act 2003. Under the fast-track procedurethere is no opportunity for objections to be made by the Gambling Commission or the Police,and the grounds upon which an authority can refuse a permit are reduced.
The grounds on which an application under the fast-track procedure may be refused are;
·
that the club isestablished primarily for gaming, other than gamingprescribed under schedule 12.
·
that in addition to the prescribed gaming, the applicant provides facilities for
other gaming.
·
that a club gaming
permit or club machine permit issued to the applicant in the last ten years has been cancelled.
The Licensing Authority
may grant or
refuse an application for a club gaming or club machine permit, but will not attach any conditions. However, there are several conditions in the Act that the holdermust comply with.
3.5
Cancellation of
Permits
Gaming /Machine
Permits
The authority may cancel a permit in specified circumstances,
which includes
if the premisesare used whollyor mainly by children or
young persons, or
if an offence under the Act has been committed. Before it cancels a permit an authority must
notifythe holder
giving 21-days’ notice of intention to cancel, it must consider any representations made bythe holder, hold a hearing if requested, and comply with any other prescribed requirements relatingto the procedure to be followed.
4.
Small Local Society
Lotteries
4.1
Small Society Lottery
Registrations
A Small Society
Lottery is a lottery that is promoted on behalf of a non-commercial
society (such as a charity or similar non-profit making
organisation) to raise funds for any of the purposes for which the
society or organisation is set up.
Small Society
Lotteries do not require a licence but must be registered with the
Licensing Authority in the area where the society's principle
premises is situated. An application to register a Small Society
Lottery should be on the relevant application form, available from
the website given below, and accompanied by any necessary documents
and the appropriate fee. The maximum prize per ticket in either
money or monies worth is £25,000.
In determining
whether to grant or renew a small society lottery registration, the
Licensing Authority will have regard to the Guidance to Local
Authorities issued by the Commission. Societies may wish to refer
to the relevant section of the Licensing Authority’s website
www.spelthorne.gov.uk for full details on how to register and
maintain small society lottery registrations. It also details the
steps that promoters have to take to comply with the
legislation.
The Licensing Authority expects
all registered small society lottery operators to maintain written
records of any unsold and returned tickets for a period of one year
from the date of the lottery draw.
5.
Exempt Gambling
The Licensing
Authority has no control over Gambling in these circumstances,
provided the specific requirements are complied with and any limits on stakes and
prizes are observed.
5.1
Non-commercial gaming
There are two
types of non-commercial gaming allowed: non-commercial prize gaming
and non-commercial equal chance gaming. Neither of these require
any authorisation provided the maximum stakes and prizes are not
exceeded. In each case the gaming can be incidental to another
activity, or the activity itself. It must be non-commercial which
means there must be no private profit or gain. However, the
proceeds of such events may benefit an organisation, group or one
or more individuals if the activity is organised: -
·
by, or on behalf
of, a charity or for charitable purposes.
·
to enable
participation in, or support of, sporting, athletic or cultural
activities.
5.2
Non-commercial prize
gaming
In this case, the
prize should be determined in advance and not be dependent on the
number of players or monies staked. The players should be told what
the monies are being raised for, and it cannot take place in
premises that have a Gambling Act premises licence (except a
track).
This can include
casino nights and race nights.
5.3
Non-commercial equal chance
gaming
In this case, the
stakes per player cannot exceed £8. In addition, the
aggregate value of prizes in all games played at a single event
cannot exceed £600 (but if the event is the final one of a
series in which all the players have previously taken part, a
higher prize fund of up to £900 is allowed). The players
should be told what the monies are being raised for, and it cannot
take place in premises that have a Gambling Act premises licence
(except a track).
This can include
casino nights and race nights.
5.4
Private Gaming
This covers
situations where the public are not admitted to the gaming. This
includes residential and domestic premises and
workplaces.
This can include
casino nights and race nights.
5.5
Domestic gaming
Non-equal chance
gaming can be played in private dwellings on domestic occasions
provided no participation charge is made.
5.6
Residential gaming
Non-equal chance
gaming can be played in hostels or halls of residence provided at
least 50% of the participants are residents.
5.7
Non-commercial and private
betting
This is betting
in domestic premises or workplaces. In domestic premises the
participants must habitually reside there, and for workers betting
the participants must be employed by the same employer.
5.8
Incidental non-commercial
lottery
These can take
place as an incidental activity at another non-commercial event,
e.g. a raffle at a dinner or a tombola at a garden party. No
registration or permission is required provided the following
requirements are met.
·
Tickets can only
be sold on the premises where the event takes place to people
present and while the event is taking place.
·
The draw must
take place at the event and the results must be announced while the
event is taking place.
·
No rollovers are
allowed.
·
The maximum
deduction allowed for prizes from the proceeds is
£500.
·
The maximum
deduction allowed for organising costs from the proceeds is
£100.
5.9
Exempt gambling in pubs
Various types of
gambling can take place in premises that are licensed under the
Licensing Act 2003 to sell alcohol for consumption on the premises
and which have a bar at which alcohol is served to customers, but
this does not apply where the sale of alcohol can only take place
as being ancillary to the sale of food.
5.10
Equal chance gaming in
pubs
Equal chance
gaming up to specified limits on stakes and prizes can take place,
and this includes games such as backgammon, mah-jong, rummy,
kalooki, dominoes, cribbage, bingo, and poker. The following
requirements must be met:
·
The maximum
stakes and prizes for each type of game must not be exceeded
(£5 maximum stake for any game of chance except poker,
dominoes and cribbage. For poker the maximum stake is £5, a
daily maximum of £100 in aggregate stakes cannot be exceeded
and the maximum prize limit is £100. There are no limits on
stakes and prizes for dominoes or cribbage).
·
The gaming must
be supervised by a nominated gaming supervisor and comply with
Gambling Commission codes of practice.
·
No participation
fees can be charged and no levy taken from stakes or
prizes.
·
The games cannot
be linked to any other games in other premises.
·
Nobody under 18
years old can take part.
5.11
Bingo in pubs
Low-turnover
bingo where the aggregate of stakes and prizes in a seven-day
period does not exceed £2000 can take place.
5.12
Exempt gambling in Clubs
There are two
types of club for the purposes of the Act: members’ clubs
(including miners’ welfare institutes- sometimes known as
workingmen’s institutes/working men’s club) and
commercial clubs. The club must be established for purposes other
than gaming, but there is an exception for bridge or whist clubs.
The exempt gaming that can take place differs according to the type
of club. If a club has a club gaming permit, additional games and
higher stakes and participation fees apply (see paragraph 3.4
above)
5.13
Equal chance gaming in
clubs
Equal chance
gaming with no specified limits on stakes and prizes (except for
poker) can take place. The following requirements must be met:
-
·
Only club members
(who have been members for at least 48 hours) or a bona fide guest
of a member can participate.
·
Except for poker,
there is no maximum stake or prize.
·
For poker there
is a £10 maximum stake, a daily maximum of £250 in
aggregate stakes and a seven-day maximum of £1000 in
aggregate stakes cannot be exceeded, and the maximum prize limit is
£250.
·
The gaming must
be supervised by a nominated gaming supervisor and comply with
Gambling Commission codes of practice.
·
A maximum
participation fee of £1 can be charged but no levy taken from
stakes or prizes (however if the games are bridge or whist, on a
day when no other gaming is permitted, participation fees of up to
£18 per person can be charged).
·
The games cannot
be linked to any other games in other premises.
·
Nobody under 18
years old can take part.
5.14 Bingo in clubs
Low-turnover
bingo where the aggregate of stakes and prizes in a 7-day period
does not exceed £2000 can take place in all types of
club.
5.14
Bridge and Whist clubs
Unlimited stakes
bridge or whist can be played. In addition participation fees (up
to £18) can be charged.
APPENDICES
Annex
1 – Local area
profile
