Purpose

As a Licensing
Authority the Council must review the existing Statement of
Gambling Policy and adopt a new policy by November 2025, as one of
the responsibilities it has to regulate ‘high street’
premises under the Gambling Act 2005. The purpose of the policy is
to define how the responsibilities under the Act are going to be
exercised and administered.

Content

DECISION

 

1.    
To recommend to Full Council the adoption of the revised
Statement of Gambling Policy.
 

2.    
Agree that the current ‘no casino’ resolution,
which is permitted under section 166 of the Gambling 2005 Act, that
is currently in the existing policy remains.

Reasons for the decision

All relevant local
authorities are required under the Gambling Act 2005 to review
their gambling policy at least every three years.
 
The purpose of the
policy is to define how the functions and responsibilities under
the Act are going to be exercised and administered.
 
A statutory
consultation process must take place prior to the adoption of the
revised Statement of Gambling Policy by Full Council.

Alternative options considered

Pursuant to the
Gambling Act 2005, the Council is a responsible authority for the
licensing of premises used for gambling. If the Council did not
have a policy, it would be acting ultra vires with regards to any
decisions it makes determining gambling premises
licences.
 
The Gambling
Commission has laid down guidance, which the Council
must
have regards to
carrying out their functions under the Act, including setting their
Gambling Policy. Departure from the guidance without good reason
could leave the council at risk of judicial challenge. The Gambling
Commission guidance has been followed in drafting the revised
Gambling Policy. The policy focuses on the elements covered by the
licensing objectives.