Decision Maker: Licensing Sub-Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: February 13, 2025

Purpose:

Content: Gambling Act 2005 Notice of Decision     PREMISES Moon & Stars 99 -103 South Street Romford RM1 1NX   APPLICANT JD Wetherspoon Plc Wetherspoon House, Reeds Crescent, Watford, Hertfordshire WD24 4QL     1.    Details of requested variation   The application was to vary the extant licensed premises gaming machine permit, to increase the number of category C machines available for use from six to seven.   The application was made in accordance with the provisions of the Act and in accordance with Havering’s statement of gambling policy.      2.    Determination of Application   Consequent upon the hearing held on 13 February 2025, the Sub-Committee’s decision regarding the application for a variation for the premises was as set out below, for the reasons stated:   The Sub-Committee was obliged to determine the application with a view to promoting the licensing objectives: -   (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, and   (c) Protecting children and other vulnerable persons from being harmed or exploited by gambling.   The Sub-Committee was cognisant that the Gambling Act 2005 places a legal duty on licensing authorities to aim to permit gambling, in so far as it is considered to be reasonably consistent with the pursuit of the licensing objectives stated above.   3.    Decision   The Licensing Sub-Committee considered an application for a variation to the licensed premises’ Gaming Machine Permit made by JD Wetherspoon Plc in relation to the premises known as Moon & Stars. The application was for an additional Category C gaming machine, to bring the full complement of Category C machines from six to seven.   The Sub-Committee reminded itself that it must have regard to the Licensing Objectives, Guidance issued by the Gambling Commission under s. 25 of the Gambling Act 2005, the Council’s Statement of Gambling Policy and make its decision pursuant to the provisions of schedule 13 of the Gambling Act 2005; specifically, paragraph 15 and paragraphs 1 to 7 respectively. The Sub-Committee noted that no responsible authority, or interested persons, made representations against the application. The Sub-Committee considered the written report of the Council’s Licensing Officer and heard representations made by the applicants. The Sub-Committee were confident that the Licensing objectives below would be upheld: (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, and   (c) Protecting children and other vulnerable persons from being harmed or exploited by gambling.   The Sub-Committee noted in particular that Challenge 21/25 would be in operation; that no children under 18 would be allowed to use the gaming machines and there would be constant monitoring of the machines via bar staff or floor managers. The Sub-Committee found it regrettable that the applicant does not employ a Licensed Premises Gaming Machines Policy and Procedure which is tailored to the risks and challenges of the locality of where the premises is located, in particular the issue of gambling addiction, however upon questioning the premises’ manager, the Sub-Committee were satisfied that the premises’ policy and procedures will not undermine the licensing objectives. The Sub-Committee granted the application.       Appeal   Any party to the decision may appeal to the Magistrates Court within 21 days of notification of the decision. On appeal, the Magistrates Court may make an order for costs as it sees fit.