Meeting documents
Regeneration & Housing Overview & Scrutiny Panel
Monday, 19th November, 2012 10.00 am
Statement of
Policy
Gambling Act
2005
FOREWORD
This is the third Statement of Policy produced
by Doncaster Council under the Gambling Act 2005, which will set out the basis
for all licensing decisions to be taken by the Authority over the next three
years.
This Statement of Policy will last for a
maximum of three years, but can be reviewed and revised by the Authority at any
time. The statement has been produced
following consultation with those bodies and persons set out in section 1.10.
The Gambling Act 2005 implements a more
comprehensive structure of gambling regulation, which modernises previous gambling
regulation and is designed to face the challenges of today and the future.
The Policy creates a regime of firm but fair
regulation, which encourages residents and visitors to enjoy gambling and
recognises the contribution of this sector to the economic development of the
Borough. It also takes account of the Council’s important duty to protect
children, young people and the vulnerable and to reduce the potential risks
that gambling can bring.
The Council in its role of licensing
premises for gambling recognises the importance of involving all residents and
stakeholders in creating and enforcing this Statement of Policy and will seek
to balance all the different aspirations and needs of businesses, local
residents and the many visitors to the Borough.
Statement of Licensing Policy
(Gambling Act 2005)
I)
FOREWORD 2
II)
CONTENTS 3
1 Statement of Licensing Policy 4
1.1 Introduction 4
1.2 The Borough of
1.3 Glossary of
Terms 5
1.4 Licensing
Objectives 7
1.5 Types of Licence 7
1.6 Licensable
Premises and Permits 7
1.7 General
Principles 8
1.8 Responsible
Authorities 9
1.9 Interested
Parties 10
1.10 Consultation 10
1.11 Information
Exchange 11
2 Legislation, Policies and Strategies 12
2.1 Legislation - Duplication with other Regulatory
Regimes 12
2.2 Relationship
with Planning Policies 12
2.3 National
Strategies 13
2.4 Local Strategies
and Policies 13
2.5 Integrating
Strategies 13
3 Decision Making 13
3.1 Committee Terms
of Reference 13
3.2 Allocation of
Decision Making Responsibilities 14
3.3 Licensing
Reviews 15
4 Local Standards 16
4.1 Applications 16
4.2 Assessment of
Need 16
4.3 Conditions 16
4.4 Enforcement 17
4.5 Casinos 18
4.6 Adult Gaming
Centres 18
4.7 Licensed Family
Entertainment Centres 18
4.8 Bingo Premises 19
4.9 Betting Premises 19
4.10 Tracks 19
4.11 Travelling Fairs 20
4.12 Prize Gaming
Permits 20
4.13 Unlicensed
Family Entertainment Centres 21
4.14 (Alcohol)
Licensed Premises 22
4.15 Club Gaming and
Club Machine Permits 22
4.16 Temporary Use
Notices 22
4.17 Occasional Use
Notices 23
5 Preventing gambling from being a source of crime or
disorder, being associated
with crime or disorder or being used to support crime 23
6 Ensuring that gambling
is conducted in a fair and open way 24
7 Protecting children and
other vulnerable persons from being harmed or exploited
by gambling 24
7.1 Access to
Licensed Premises 24
7.2 Vulnerable
persons 25
7.3 Conditions 25
7.4 Door Supervisors 27
8 Complaints against Licensed Premises 27
9 Further information 28
APPENDIX A - Map of the
APPENDIX B - Delegations
of licensing functions 30
1. Statement
of Licensing Policy
1.1 Introduction
Doncaster Metropolitan Borough Council
is the Licensing Authority under the Gambling Act 2005 and is responsible for
granting premises licences and receiving notifications in the Borough of
Doncaster in respect of:-
·
Casino
Premises;
·
Bingo
Premises;
·
Betting
Premises, including Tracks;
·
Adult
Gaming Centres;
·
Family
Entertainment Centres.
·
Travelling
Fairs
·
Club
Gaming Permits
·
Prize
Gaming and Prize Gaming Permits
·
Temporary
Use Notices
·
Occasional
Use Notices
·
Registration
of Small Society Lotteries
The Gambling Act 2005 requires the Licensing
Authority to prepare and publish a Statement of Licensing Policy that sets out
the policies that the Licensing Authority will generally apply to promote the
Licensing Objectives when making decisions on applications made under the Act.
In producing the final statement, the Licensing Authority declares that it has had regard to the licensing objectives of the Gambling Act 2005, the Guidance to Licensing Authorities issued by the Gambling Commission, and any responses from those consulted on the statement.
It should be noted that this
statement of licensing principles will not override the right of any person to
make an application, make representations about an application, or apply for a
review of a licence, as each will be considered on its own merits and according
to the statutory requirements of the Gambling Act 2005.
The Policy was
approved at a meeting of the Full Council on
[December 2012] and was published via our website on [Date TBC not later
than 3/1/13]. Notice of the Policy and a
copy of the Policy were posted at the Mansion House Doncaster inspection on
[Date TBC not later than 3/1/13]. This
Policy will come into effect on the 31st January 2013 and will be further
reviewed / revised as necessary, and at least every three years from the date
of adoption.
1.2 The Borough of
Doncaster
Metropolitan Borough, extends over 227 square miles, has a population of 302400
and is the largest metropolitan borough by area. A plan of the Borough is attached as Appendix
A. The town centre of
Due to
its geographical location and good rail, road and air links,
The
Borough has been home, since 1776, to the ‘St Leger’, the oldest classic horse
race.
Doncaster
has seen significant developments over the last few years with the opening of
the Airport, Transport Interchange,
Doncaster
Metropolitan Borough has diverse leisure and entertainment facilities. These
range from town centre pubs, country inns and hotels, centres of tourism and
sports venues to major nightclubs, which provide facilities for residents and
visitors. It is regarded as an important provider of leisure and entertainment
within
1.3 Glossary of Terms
Within
this Statement of Policy, the following words and terms are defined as stated:
|
Licensing
Objectives: |
As defined in section
1.4 |
|
Licensing Authority: |
|
|
Borough: |
The area of |
|
Licences: |
As defined in section
1.5 |
|
Application: |
Applications
for licences and permits as defined in section 1.5 |
|
Notification: |
Notification of
temporary and occasional use notices |
|
Act: |
The Gambling Act 2005 |
|
Regulations: |
Regulations made
under the Gambling Act 2005 |
|
Premises: |
Any place, including
a vehicle, vessel or moveable structure |
|
Code of
Practice: |
Any
relevant code of practice under section 24 of the Gambling Act 2005 |
|
Mandatory
Condition: |
A specified
condition provided by regulations to be attached to a licence |
|
Default
Condition: |
Means a
specified condition provided by regulations to be attached to a licence,
unless excluded by Doncaster Metropolitan Borough Council |
|
Responsible
Authority: |
For the
purposes of this Act, the following are Responsible Authorities in relation
to premises: 1.
The
Licensing Authority - 2.
The
Gambling Commission; 3.
4.
5.
Development
Control - 6.
Environmental
Health Dept - 7.
8.
HM
Customs and Excise; 9.
Any
other person prescribed by regulation made by the Secretary of State; 10.
In
the case of vessels: ·
the Environment Agency, ·
the British Waterways Board, and ·
the Secretary of State for Transport. |
|
Interested
Party: |
For the
purposes of this Act, a person is an interested party in relation to a
premises licence if, in the opinion of the Licensing Authority which issues
the licence or to which the application is made, the person:- a)
Lives
sufficiently close to the premises to be likely to be affected by the
authorised activities; b)
Has
business interests that might be affected by the authorised activities; c)
Represents
persons who satisfy a) or b) above. |
1.4 Licensing
Objectives
In accordance with the Gambling Act 2005
Doncaster Council will carry out its licensing functions with a view to
promoting the following three licensing objectives:-
1.
Preventing
gambling from being a source of crime or disorder, being associated with crime
or disorder or being used to support crime;
2.
Ensuring
that gambling is carried out in a fair and open way;
3.
Protecting
children and other vulnerable persons from being harmed or exploited by
gambling.
1.5 Types of Licence
This document sets out the policies that
the Licensing Authority will apply when making decisions upon applications or
notifications made for:
1. Premises
Licences;
2. Temporary
Use Notices;
3. Permits
as required under the Act;
4. Registrations
as required under the Act.
1.6 Licensable
Premises and Permits
The Licensing Authority is required
under the Act to:
·
Be
responsible for the licensing of premises where gambling activities are to take
place by issuing Premises Licences
·
Issue
Provisional Statements
·
Regulate
members’ clubs and miners’ welfare institutes who wish to undertake
certain gaming activities via issuing Club Gaming Permits and/or Club Machine
Permits
·
Issue
Club Machine Permits to Commercial Clubs
·
Grant
permits for the use of certain lower stake gaming machines at unlicensed
Family Entertainment Centres
·
Receive
notifications from alcohol licensed premises (under the Licensing Act 2003) for
the use of two or fewer gaming machines
·
Issue
Licensed Premises Gaming Machine Permits for premises licensed to
sell/supply alcohol for consumption on the licensed premises, under the
Licensing Act 2003, where there are more than two machines
·
Register
small society lotteries below prescribed thresholds
·
Issue
Prize Gaming Permits
·
Receive
and Endorse Temporary Use Notices
·
Receive
Occasional Use Notices
·
Provide
information to the Gambling Commission regarding details of licences issued
(see section below on ‘information exchange’)
·
Maintain
registers of the permits and licences that are issued under these functions
It should be noted the Licensing Authority
is not involved in licensing remote gambling at all, which is regulated by the
Gambling Commission via operating licences.
1.7 General
Principles
Nothing in this Statement of Policy
will:-
1.
Undermine
the rights of any person to apply under the Act for a variety of permissions
and have the application considered on its individual merits; OR
2.
Override
the right of any person to make representations on any application or seek a
review of a licence or permit where they are permitted to do so under the Act.
The starting point in determining
applications will be to grant the application without conditions. Conditions
will only be considered where they are needed to meet the requirements of the
licensing objectives, and any conditions applied will not be overly onerous and
will be proportionate to the scale of the application and the risks
involved. Conditions will generally be
considered unnecessary if they are already adequately covered by other
legislation.
All applicants for Premises Licences
will be required to set out how they will promote the licensing objectives, as
specified in section 1.4, and what measures they intend to employ to ensure
compliance with them.
When determining an application to grant
a Premises Licence or review a Premises Licence, regard will be taken to the
proximity of the premises to schools, vulnerable adult centres or residential
areas where there may be a high concentration of families with children. The
proximity of premises taken into consideration will vary depending on the size
and scope of the gambling premises concerned. Each case will, however, be
decided on its merits. Therefore, if an
applicant can effectively demonstrate how they might overcome licensing
objective concerns, this will be taken into account.
Licensing is about the control of
licensed premises, temporary use notices or occasional use notices within the
terms of the Act. Conditions may be
attached to licences that will cover matters that are within the control of
individual licensees.
When considering any conditions to be
attached to licences, the Licensing Authority will primarily focus on the
direct impact of the activities taking place at licensed premises on members of
the public living, working or engaged in normal activity in the area concerned.
The Secretary of State may, by regulation, provide for specified conditions to
be attached to a premises licence as either “mandatory” or “default”
conditions. In determining an application, the Licensing Authority may not have
regard to the expected demand for the facilities, which it is proposed to
provide.
The Licensing Authority recognises that,
apart from the licensing function, there are a number of other mechanisms
available for addressing issues of unruly behaviour that can occur away from
licensed premises, including:-
1.
Planning
controls;
2.
Ongoing
measures to create a safe and clean environment in these areas in partnership
with local businesses, transport operators and other Council departments;
3.
Regular
liaison with the Police on law enforcement issues regarding disorder and
anti-social behaviour;
4.
The
power of the Police, other responsible authorities or local residents and
businesses to seek a review of the licence.
Objectors will be required to relate
their objection to one of more of the Licensing Objectives, as specified in
section 1.4 above, before the Licensing Authority will be able to consider it.
The Licensing Authority, in undertaking
its licensing function, will have due regard to the need to eliminate unlawful
discrimination and to promote equality and good relations between persons of
different ethnic and minority groups.
1.8 Responsible
Authorities
The full list of responsible authorities
is shown in Section 1.3. The contact
details for the responsible authorities are published on the Licensing
Authority’s website www.doncaster.gov.uk/licensing
The Licensing Authority is required to
designate in writing a body that is competent to advise it about the protection
of children from harm. In making this designation the following principles have
been applied:
·
the competency of the body to advise the Licensing
Authority,
·
the need for the body to be responsible for
an area covering the whole of the Licensing Authority’s area, and
·
the need for the body to be answerable to
democratically elected persons rather than particular invested interest group
etc.
In accordance with the Gambling
Commissions Guidance to Local Authorities the Licensing Authority designates
Doncaster Safeguarding Children Board for this purpose.
1.9 Interested
Parties
See
definition of Interested Parties in Section 1.3
Interested parties can be persons who
are democratically elected, such as Councillors and MPs. Where appropriate this
will include parish and town councillors.
Borough councillors who are members of
the Licensing Committee will not qualify to act in this way.
Other than persons mentioned above, the
Licensing Authority will require some form of confirmation that a person is
authorised to represent an interested party.
The Licensing Authority considers that trade
associations, trade unions and resident and tenant associations qualify as ‘Interested
Parties’ where they can demonstrate that they represent persons listed in a) or
b) of section 1.3 of this policy (Interested Party).
In determining if a person lives or has
business interests sufficiently close to the premises that they are likely to
be effected by the authorised activities, the Licensing Authority will consider
the following factors:
·
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 (e.g.
number of customers, routes likely to be taken by those visiting the
establishment)
·
The circumstances of the complaint. This does
not mean the personal characteristics of the complainant but the interest of
the complainant, which may be relevant to the distance from the premises.
·
The catchment area of the premises (i.e. how
far people travel to visit)
· Whether
the person making the representation has business interests in that catchment
area that might be affected.
1.10 Consultation
This Statement of Policy was subject to
formal consultation with:-
1.
The
Chief Officer of Police for the Doncaster District.
2.
Representatives
of the holders of the various licences for premises within the Borough who will
be affected by this Policy;
3.
Persons/bodies
representing the interests of persons likely to be affected by this policy.
Doncaster Council has consulted widely
upon this policy statement and the list of consultees is provided below:
·
The Gambling Commission
·
Local Elected Members
·
·
·
·
HM Customs and Excise
·
·
·
Local Tenants’ and Residents’ Association
groups
·
Doncaster and
·
British Beer and Pub Association
·
Association of British Bookmakers
·
The Racecourse Association
·
Gamcare and other support groups
·
Local Solicitors
·
Gamblers Anonymous
·
Samaritans
·
Citizens Advice Bureau
·
The Environment Agency
·
British Waterways
Our consultation took place between 9th
July 2012 and 1st October 2012.
A copy of any responses received from consultees is available on request
to the Licensing Officer at Doncaster Council.
1.11 Information
Exchange
In fulfilling its functions and
obligations under the Gambling Act 2005 the Licensing Authority will exchange
relevant information with other regulatory bodies and will establish protocols
in this respect. In exchanging such
information, the Licensing Authority will conform to the requirements of data
protection and freedom of information legislation in accordance with the Licensing
Authority’s existing policies.
Details of those persons making
representations will be made available to applicants to allow for negotiation
and, in the event of a hearing being required, will form part of a public
document. Anyone making representations
or applying for the review of a premises licence will be informed that their
details will be disclosed.
2. Legislation, Policies and
Strategies
2.1 Legislation -
Duplication with other Regulatory Regimes
This Licensing Authority seeks to avoid
duplication with other statutory / regulatory systems where possible, including
planning. This Authority will not
consider whether a licence application is likely to be awarded planning
permission or building regulations approval, in its consideration of it. It will though, listen to, and consider
carefully, any concerns about conditions which are not able to be met by
licensees due to planning restrictions, should a situation arise.
When dealing with a premises licence
application for finished buildings, this Authority will not take into account
whether those buildings have to comply with the necessary planning or building
consents (see section 2.2). Fire or
health and safety risks will not be taken into account, as these matters are
dealt with under other relevant regulations and must not form part of the
consideration for the premises licence.
It should be noted that, unlike the
Licensing Act, the Gambling Act does not include as a specific licensing
objective the prevention of public nuisance.
Any nuisance associated with gambling premises should be tackled under
other relevant legislation.
Non-compliance
with other statutory requirements may be taken into account in reaching a
decision about whether to grant a licence, but only if relevant representations
are received.
2.2 Relationship
with Planning Policies
When determining an application, the
Licensing Authority has a duty to take into consideration all relevant matters
and not to take into consideration any irrelevant matters, i.e. those not
related to gambling and the licensing objectives. One example of an irrelevant matter would be
the likelihood of the applicant obtaining planning permission or building
regulations approval for their proposal.
When dealing
with a premises licence application for finished buildings the Licensing
Authority will not take into account whether those buildings have or comply
with the necessary planning or building consents. Those matters should be dealt with under the
relevant planning and building regulation powers. Section 210 of the 2005 Act prevents
licensing authorities taking into account the likelihood of the proposal by the
applicant obtaining planning or building consent when considering a premises
licence application. Equally the grant
of a gambling premises licence does not prejudice or prevent any action that
may be appropriate under the law relating to planning or building.
An applicant can apply for a provisional
statement if the building is not complete or if he does not yet have a right to
occupy it. Such an application is again a
separate and distinct process to the granting of planning permission or
building regulation approval.
2.3 National
Strategies
The Licensing Authority will also seek
to discharge its responsibilities identified by other Government Strategies, in
so far as they impact on the objectives of the licensing function.
2.4 Local
Strategies and Policies
Where appropriate, the Licensing
Authority will consider applications with reference to other relevant local
strategies and policies. In particular it will have regard to
1.
Creating a strong, connected and inclusive economy.
2.
Developing
stronger communities.
3. Increasing and improving
housing.
4. Protecting and improving
all our children’s lives.
5. Improving health and
support for independent lives.
6. Tackling crime and anti-social behaviour.
7. Creating a cleaner and better environment.
2.5 Integrating
Strategies
The Licensing Authority recognises there
are many stakeholders involved in the leisure industry and many are involved in
the promotion of the licensing objectives.
Where the Licensing Authority is aware of stakeholders’ plans and
strategies linked to matters related to the licensing objectives it will aim to
consider them.
Whilst the Licensing Authority
recognises the importance of the co-ordination and integration of this policy
with other policies and strategies applicants will not be required to
demonstrate a requirement to fulfil criteria not in keeping with the licensing
objectives of the Gambling Act 2005.
3. Decision Making
3.1 Committee
Terms of Reference
A Licensing Sub-Committee of three
Councillors will sit to hear applications where representations have been
received from interested parties and/or responsible authorities. Ward Councillors will not sit on a
Sub-Committee involving an application within their ward.
The Licensing Committee will also sit to
determine other licensing matters that have been delegated to it by the Council
that are not associated with the Gambling Act 2005.
Where a Councillor who is a member of
the Licensing Committee is making or has made representations regarding a
licence on behalf of an interested party, in the interests of good governance
they will disqualify themselves from any involvement in the decision making
process affecting the licence in question.
The Licensing Sub-Committee will also
refer to the Licensing Committee any matter it is unable to deal with because
of the number of its members who are unable to take part in the consideration
or discussion of any matter or vote on any question with respect to it.
The Licensing Committee will refer to
the Council any matter it is unable to deal with because of the number of its
members who are unable to take part in the consideration or discussion of any
matter or vote on any question with respect to it.
Every determination of a licensing
decision by the Licensing Committee or a Licensing Sub-Committee shall be
accompanied by clear and relevant reasons for the decision. The decision and the reasons for that
decision will be sent to the applicant and those who have made relevant
representations as soon as practicable.
A summary of the decision shall also be posted on the Council’s website
as soon as practicable after the decision has been confirmed.
The Council’s licensing officers will
deal with all other licensing applications where either no representation has
been received, or where representations have been received and it is agreed by
the parties that a hearing is not necessary.
Decisions as to whether representations
are irrelevant, frivolous or vexatious will be made by Council officers, in
consultation with the Chair of the Licensing Committee, who will make the
decisions on whether representations or applications for licence reviews should
be referred to the Licensing Committee or Sub-Committee. Where representations are rejected, the
person making that representation will be given a written reason as to why that
is the case. There is no right of appeal
against a determination that representations are not admissible.
3.2 Allocation
of Decision Making Responsibilities
The Licensing Authority is involved in a
wide range of licensing decisions and functions and has established a Licensing
Committee to administer them.
Appreciating the need to provide a
speedy, efficient and cost-effective service to all parties involved in the
licensing process, the Committee has delegated certain decisions and functions
and has established a Sub-Committee to deal with them.
Many of the decisions and functions will
be purely administrative in nature and the grant of non-contentious
applications, including for example those licences and permits where no
representations have been made, is delegated to Licensing Authority officers.
The scheme of delegation of licensing
functions is set out in Appendix B.
This form of delegation is without
prejudice to officers referring an application to a Sub-Committee or Full
Committee if considered appropriate in the circumstances of any particular case.
3.3 Licensing
Reviews
The Licensing Authority will carry out a review of a premises
licence either of its own volition or following receipt of an application for
review in accordance with the 2005 Act that is relevant to one of more or the licensing
objectives. It is for the Licensing
Authority to decide whether the review is to be carried out. This will be on the basis of whether the
request for the review is relevant to the matters listed below;
- in accordance with any relevant code of practice issued by the
Gambling Commission;
- in accordance with any relevant guidance issued by the Gambling
Commission;
- reasonably consistent with the licensing objectives; and
- in accordance with
the Authority's statement of licensing policy.
Due consideration will be given to all
relevant representations unless they fit the following:
a)
The
grounds are frivolous;
b)
The
grounds are vexatious;
c)
The
grounds are irrelevant;
d)
The
grounds will not cause the Licensing Authority to revoke or suspend a licence
or to remove, amend or attach conditions on the premises licence;
e)
The
grounds are substantially the same as the grounds cited in a previous
application relating to the same premises; or
f)
The
grounds are substantially the same as representations made at the time the
application for a premises licence was considered.
The Licensing Authority can also
initiate a review of a particular premises licence, or a particular class of
premises licence on the basis of any reason which it thinks appropriate.
In particular, the licensing
authority may also initiate a review of a premises licence on the grounds that
a premises licence holder has not provided facilities for gambling at the
premises. This is to prevent people from applying for licences in a speculative
manner without intending to use them.
4.1 Applications
An application for a premises licence
can only be made by a person who either holds an operating licence authorising
him to carry on the activity in respect of which a premises licence is sought,
OR has made an application for an operating licence which has not yet been
determined. (Note: Race Tracks do not require an operating licence in order to
apply for a premises licence.)
Applications for the grant, transfer or
variation of a premises licence must be accompanied by an assessment that
demonstrates how the applicant will promote all the licensing objectives in the
form of a written operating schedule. The applicant may ask the Licensing
Authority for advice as to the scope of information to be provided.
The level of detail to be provided will
be advised by the Licensing Authority and will be proportional to the scale and
nature of the application made.
Definitions of “Responsible Authorities”
and “Interested Parties” who are able to make representations under this Act
can be found in sections 1.3, 1.8 & 1.9.
4.2 Assessment
of Need
In accordance with Section 153 of the
2005 Act when deciding whether or not to grant a licence the Licensing Authority
will not have regard to the expected demand for gambling premises that are the
subject of the application.
4.3 Conditions
Conditions will be applied to licences
that are proportionate and appropriate to the business, organisation or
individual concerned. The Licensing
Authority will draw upon the advice issued by the Gambling Commission and
attach conditions relative to the given circumstances of each individual case.
Conditions attached to Premises Licences
will, so far as possible, reflect local crime prevention strategies. For example, closed circuit television
cameras may be appropriate in certain premises.
In order to avoid duplication with other
statutory regimes, the Licensing Authority will not attach conditions to a
licence unless they are considered necessary for the promotion of the licensing
objectives. Conditions will generally be
considered unnecessary if they are already adequately covered by other
legislation.
4.4 Enforcement
The Licensing Authority is committed to
the principles and approach to enforcement set out in the Regulators’
Compliance Code, will be guided by the Gambling Commission’s Guidance to
Licensing Authorities and will endeavour to be:
·
Proportionate:
regulators should only intervene when necessary: remedies should be appropriate to the risk
posed, and costs identified and minimised;
·
Accountable:
regulators must be able to justify 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; and
·
Targeted:
regulation should be focused on the problem, and minimise side effects.
As per the Gambling Commission’s
Guidance to Licensing Authorities this Licensing Authority will endeavour to
avoid duplication with other regulatory regimes so far as possible.
This Licensing Authority will adopt
and implement a risk-based inspection programme, based on;
·
The licensing objectives
·
Relevant codes of practice
·
Guidance issued by the Gambling
Commission
·
The principles set out in this statement
of licensing policy
The main enforcement and compliance
role for the Licensing Authority in terms of the Gambling Act 2005 is to ensure
compliance with the premises licences and other permissions which it
authorises. The Gambling Commission is
the enforcement body for the operating and personal licences. It is also worth noting that concerns about
manufacture, supply or repair of gaming machines are not dealt with by the
licensing authority but should be notified to the Gambling Commission.
This Licensing Authority also keeps
itself informed of developments as regards the work of the Better Regulation
Executive in its consideration of the regulatory functions of local
authorities.
The Licensing Authority intends to use
appropriate enforcement to promote the licensing objectives. Once licensed, it
is essential that premises are monitored to ensure that they are run in
accordance with their operating schedules, in compliance with the specific
requirements of the Act and in compliance with any licence conditions. It will
also be important to monitor the Borough for unlicensed premises.
The Licensing Authority will seek to
work actively with the Police in enforcing licensing legislation and intends to
establish protocols with The South Yorkshire Police and
4.5
Casinos
The Gambling Act states that a casino is an
arrangement whereby people are given the opportunity to participate in one or
more casino games, whereby casino games are defined as a game of chance, which
is not equal gaming. This means that casino games offer the chance for multiple
participants to take part in a game competing against the house at different
odds to their fellow players.
The Licensing Authority has not passed a ‘no casino’ resolution under the
Gambling Act 2005, but is aware that it has the power to do so. Should the Licensing Authority decide in
future to pass such a resolution, it will update this policy statement with
details of that resolution. Any such
decision will be taken by the Full Council.
4.6 Adult
Gaming Centres
Adult Gaming Centres are a category of
premises introduced by the Act. They are allowed to have limited numbers of
Category B and any number of Category C & D gaming machines and are not
allowed to admit under-18s.
The Licensing Authority will
specifically have regard to the need to protect children and vulnerable persons
from harm or being exploited by gambling and will expect the applicant to
satisfy the Authority that there will be sufficient measures to, for example,
ensure that under 18 year olds do not have access to the premises.
4.7 (Licensed)
Family Entertainment Centres
Licensed Family Entertainment Centres are
permitted to provide both Category C & D Gaming machines and must ensure
that under 18s have no access to Category C machines.
The Licensing Authority will
specifically have regard to the need to protect children and vulnerable persons
from harm or being exploited by gambling and will expect the applicant to
satisfy the Authority, for example, that there will be sufficient measures to
ensure that under 18 year olds do not have access to the adult only gaming
machine areas.
4.8 Bingo
Premises
The Act does not define Bingo, but previous
legislation divided this category into Cash Bingo, played in commercial Bingo
Halls and Prize Bingo, traditionally played in arcades or travelling funfairs.
As Bingo premises can provide Category B, C & D Gaming machines, under 18s
must not be allowed access to Category B & C machines, if provided.
The Licensing Authority will take note
of the Gambling Commissions guidance and look to ensure that those issues
whereby machines of category C or above are available there are sufficient
precautions in place so that they are not available to children. The Licensing Authority
will also take note of any further guidance issued.
4.9 Betting
Premises
Betting premises are premises such as
bookmakers and betting offices where various types of gambling are allowed to
take place. Children & Young People will not be able to enter such
premises.
Betting machines - The Licensing Authority will, as per the Gambling Commission's
Guidance, take into account the size of the premises, the number of counter
positions available for person-to-person transactions, and 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, when considering
the number/nature/circumstances of betting machines an operator wants to offer.
4.10 Tracks
Tracks are sites (including racecourses and
dog tracks) where races or other sporting events take place. Betting is a major
gambling activity on tracks, both in the form of pool betting (often known as
the ‘totaliser’ or ‘tote’), and also general betting, known as ‘fixed-odds’
betting.
These premises may be subject to one or
more premises licence. The Licensing Authority will expect applicants to
demonstrate suitable measures to ensure that children do not have access to
adult only gaming facilities and will take into account any guidance issued by
the Gambling Commission in relation to these premises.
This Authority will therefore
expect the premises licence applicant to demonstrate suitable measures to
ensure that children do not have access to adult only gaming facilities. It is noted that children and young persons
will be permitted to enter track areas where facilities for betting are provided
on days when dog-racing and/or horse racing takes place, but that they are
still prevented from entering areas where gaming machines (other than category
D machines) are provided.
This Licensing Authority may
consider measures to meet the licensing objectives such as:
·
Proof
of age schemes
·
CCTV
·
Supervision
of entrances / machine areas
·
Physical
separation of areas
·
Location
of entry
·
Notices
/ signage
·
Specific
opening hours
·
Self-exclusion
schemes
·
Provision
of information leaflets / helpline numbers for organisations such as GamCare
This list is not mandatory, nor
exhaustive, and is merely indicative of example measures.
Gaming machines - Where the applicant holds a pool betting operating licence and
is going to use the entitlement to four gaming machines, machines (other than
category D machines) should be located in areas from which children are
excluded.
Betting machines - This Licensing
Authority will, as per the Gambling Commission's Guidance, take into account
the size of the premises and 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, when considering the number/nature/circumstances
of betting machines an operator proposes to offer.
4.11 Travelling Fairs
Travelling fairs have
traditionally been able to provide various types of low stake gambling without
the need for a licence or
permit, provided that certain conditions are met. Travelling fairs have the right to provide an unlimited number
of category D gaming machines and / or equal chance prize gaming (without the
need for a permit) as long as the gambling amounts to no more than an ancillary
amusement at the fair.
The
Licensing Authority will ensure that any fair complies with the requirements of
the regulations.
4.12 Prize
Gaming Permits
The Gambling Act 2005 states that a licensing authority may “prepare a statement of principles that they propose to apply in exercising their functions under this Schedule” which “may, in particular, specify matters that the licensing authority proposes to consider in determining the suitability of the applicant for a permit”.
The Licensing Authority has prepared a ‘Statement
of Principles’ which is that the applicant should set out the types of gaming
that he or she is intending to offer and that the applicant should be able to
demonstrate:
·
that
they understand the limits to stakes and prizes that are set out in
Regulations;
· that the gaming offered is within the law
· Clear policies that outline the steps to be
taken to protect children from harm.
In making its decision on an application for
this permit the Licensing Authority does not need to (but may) have regard to
the licensing objectives but must have regard to any Gambling Commission
guidance.
It should be noted that there are conditions
in the Gambling Act 2005 by which the permit holder must comply, but that the Licensing
Authority cannot attach conditions. The
conditions in the Act are:
·
the
limits on participation fees, as set out in regulations, must be complied with;
·
all
chances to participate in the gaming must be allocated on the premises on which
the gaming is taking place and on one day; the game must be played and
completed on the day the chances are allocated; and the result of 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 money prize), or the prescribed value (if non-monetary
prize); and
·
participation
in the gaming must not entitle the player to take part in any other gambling.
4.13 Unlicensed
Family Entertainment Centres (FEC)
Unlicensed Family Entertainment Centres will
cater for families, including unaccompanied children and young persons. As they
operate on a permit they will only be allowed to have Category D Gaming
machines, which can be played by young people.
The Licensing Authority will, in relation to applications for unlicensed family entertainment centres, take into account the following statement of principles when determining the suitability of the applicant.
The Licensing Authority will expect the applicant to show that there are policies and procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however, they may include appropriate measures / training for staff as regards suspected truant school children on the premises, measures / training covering how staff would deal with unsupervised very young children being on the premises, or children causing perceived problems on / around the premises. This Licensing Authority will also expect, as per Gambling Commission Guidance, that applicants demonstrate a full understanding of the maximum stakes and prizes of the gambling that is permissible in unlicensed FECs; that the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act); and that staff are trained to have a full understanding of the maximum stakes and prizes.
4.14 (Alcohol)
Licensed Premises
Premises licensed to sell alcohol for
consumption on the premises have an automatic right to have two machines of
categories C and/or D. Any increase on these limits will require a permit.
These applications will be considered on a case by case basis but generally
there will be regard to the need to protect children and vulnerable persons
from harm or being exploited. The applicant will be expected to ensure that
under 18s do not have access to the adult only gaming machines. This could
include being in sight of the bar or in sight of the staff who monitor that
such machines are not used by those under 18. In relation to vulnerable persons
the applicant could consider the provision of information for support services
that offer advice.
4.15 Club
Gaming and Club Machine Permits
Members Clubs are defined as having more
than 25 members and being established for purposes other than gambling and
Miner’s Welfare Institutes are defined as associations established for recreational
or social purposes.
Members Clubs and Miners’ Welfare Institutes
may apply for these. A Club Gaming
Permit will enable premises to provide three machines of either categories B, C
or D and equal chance and other forms of gaming, as set out in
regulations. A club gaming machine
permit if applied for will enable premises to provide three machines of
categories B, C or D only.
4.16 Temporary
Use Notices
Temporary Use Notices allow the use
of premises for gambling where there is no premises licence but where a
gambling operator wishes to use the premises temporarily for providing
facilities for gambling. Premises that might be suitable for a Temporary Use
Notice, according the Gambling Commission, would include hotels, conference
centres and sporting venues
These notices should not be used to
permit regular gambling in a place that could be described as one set of
premises. The Licensing Authority expects to object to notices where it
appears that their effect would be to permit regular gambling in a place that
could be described as one set of premises, as recommended in the Gambling
Commission’s Guidance to Licensing Authorities.
4.17 Occasional
Use Notices
The Licensing Authority has very little
discretion with regard to these notices aside from ensuring that the statutory
limit of eight days in a calendar year is not exceeded. The Licensing Authority
will though consider the definition of ‘track’ and whether the applicant is
permitted to avail themselves of the notice.
5. Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime
The Licensing Authority places a
considerable importance on the prevention of crime and disorder, and will do
all it reasonably can to prevent crime and disorder in the Borough. A high standard of control is therefore
expected to be exercised over licensed premises.
The Licensing Authority will, when
determining applications, consider whether the grant of a Premises Licence will
result in an increase in crime and disorder.
Applicants are encouraged to discuss the
crime prevention procedures in their premises with the Council’s Licensing Officers
and the South Yorkshire Police before making a formal application.
In considering licence applications, the
Licensing Authority will particularly take into account the following:-
1.
The
design and layout of the premises;
2.
The
training given to staff in crime prevention measures appropriate to those
premises;
3.
Physical
security features installed in the premises.
This may include matters such as the position of cash registers or the
standard of CCTV that is installed;
4.
Where
premises are subject to age restrictions, the procedures in place to conduct
age verification checks;
5.
The
likelihood of any violence, public order or policing problem if the licence is
granted.
The Licensing Authority is
aware of the distinction between disorder and nuisance and will consider
factors, for example whether police assistance was required and how threatening
the behaviour was to those who could see it, so as to make that distinction.
6. Ensuring that gambling is conducted in a fair and open way
The Licensing Authority has noted the
Gambling Commission states that it generally does not expect licensing
authorities to become concerned with ensuring that gambling is conducted in a
fair and open way as this will be a matter for either the management of the
gambling business (and therefore relevant to the Operating Licence), or will be
in relation to the suitability and actions of an individual (and therefore
relevant to the Personal Licence). Both
of these options fall under the control of the Gambling Commission.
However, the Licensing Authority will
familiarise itself with operator licence conditions and will communicate any
concerns to the Gambling Commission about misleading advertising or any absence
of required game rules or other matters as set out in the Commission’s Code of
Practice.
The Licensing Authority is also aware of
the special circumstances that apply to Tracks with regard to operator and
premises licences.
7. Protecting
children and other vulnerable persons from being harmed or exploited
by gambling
7.1 Access
to Licensed Premises
With limited exceptions, the access of
children and young persons to those gambling premises, which are adult only
environments, will not be permitted.
The Licensing Authority will seek to
limit the advertising for premises so that gambling products are not aimed at
children or advertised in such a way that makes them particularly attractive to
children.
The Licensing Authority will consult
with the Doncaster Safeguarding Children Board and with other relevant
bodies, on any application that
indicates there may be concerns over access for children or vulnerable persons.
The Licensing Authority will judge the
merits of each separate application before deciding whether to impose
conditions to protect children on particular categories of premises. This may include such requirements as:-
1.
Supervision
of entrances;
2.
Segregation
of gambling areas from areas frequented by children;
3.
Supervision
of gaming machines in non-adult gambling specific premises.
The 2005 Act provides for a Code of
Practice on access to Casino premises by children and young persons and the Licensing
Authority will work closely with the Police to ensure the appropriate
enforcement of the law, especially relating to the sale and supply of alcohol
to children.
7.2 Vulnerable
Persons
The Licensing Authority does not seek to
prohibit particular groups of adults from gambling in the same way that it
seeks to prohibit children, but it will assume for regulatory purposes, that
“vulnerable persons” include:
1.
People
who gamble more than they want to;
2.
People
who gamble beyond their means;
3.
People
who may not be able to make an informed or balanced decision about gambling due
to impaired capacity resulting from mental health or disability problems,
alcohol or drugs.
The Licensing Authority will consider
this licensing objective on a case by case basis having regard to any guidance
issued by the Gambling Commission. Whilst the Licensing Authority acknowledges
that it may be difficult for gambling premises staff to identify vulnerable
persons, (especially in the case of persons who may have a mental illness) in
the first instance the Licensing Authority would expect staff members to try
and maintain an awareness of how much (e.g. how long) customers are gambling.
If it is perceived that any particular persons may be gambling excessively or
are showing other obvious signs of being unwell then further investigation
should follow to try and identify if the person may fall within the category of
vulnerable.
7.3 Conditions
Applicants may consider the following
proposed measures for protecting and supporting vulnerable persons, for
example:
• leaflets offering assistance to problem
gamblers should be available on gambling premises in a location that is both
prominent and discreet, such as toilets
• training for staff members which focuses on
building an employee’s ability to maintain a sense of awareness of how much (e.g.
how long) customers are gambling, as part of measures to detect persons who may
be vulnerable.
• trained personnel for the purpose of
identifying and providing support to vulnerable persons
• self exclusion schemes
• stickers or notices on gaming machines to
identify the stakes/prizes
• operators should demonstrate their
understanding of best practice issued by organisations that represent the
interests of vulnerable people
• Fixed Odds Betting Terminals should clearly
display the odds
• positioning of ATM machines
• stickers / posters with GamCare Helpline and website in
prominent locations, ie on ATM machines
• windows, entrances and advertisements to be
positioned or designed not to entice passers by.
The Licensing Authority may consider any
of the above or similar measures as licence conditions should these not be
adequately addressed by any mandatory conditions, default conditions or suggestions
proposed by the applicant.
Any conditions attached to licences
will be proportionate and will be:
·
relevant
to the need to make the proposed building suitable as a gambling facility;
·
directly
related to the premises and the type of licence applied for;
·
fairly
and reasonably related to the scale and type of premises; and
·
reasonable
in all other respects.
Decisions upon individual
conditions will be made on a case by case basis, although there will be a
number of measures this Licensing Authority will consider utilising should
there be a perceived need, such as the use of supervisors, appropriate signage
for adult only areas etc. There are
specific comments made in this regard under some of the licence types
below. This Licensing Authority will
also expect the licence applicant to offer his/her own suggestions as to ways
in which the licensing objectives can be met effectively.
This Licensing Authority will also
consider specific measures which may be required for buildings which are
subject to multiple premises licences.
Such measures may include the supervision of entrances; segregation of
gambling from non-gambling areas frequented by children; and the supervision of
gaming machines in non-adult gambling specific premises in order to pursue the
licensing objectives. These matters are
in accordance with the Gambling Commission's Guidance.
This Authority will also ensure
that where category C or above machines are on offer in premises to which
children are admitted:
·
all
such machines are located in an area of the premises which is separated from
the remainder of the premises by a physical barrier which is effective to
prevent access other than through a designated entrance;
·
only
adults are admitted to the area where these machines are located;
·
access
to the area where the machines are located is supervised;
·
the
area where these machines are located is arranged so that it can be observed by
the staff or the licence holder; and
·
at
the entrance to and inside any such areas there are prominently displayed
notices indicating that access to the area is prohibited to persons under 18.
This Licensing Authority is aware
that tracks may be subject to one or more than one premises licence, provided
each licence relates to a specified area of the track. As per the Gambling Commission's Guidance,
this Licensing Authority will consider the impact upon the third licensing
objective and the need to ensure that entrances to each type of premises are
distinct and that children are excluded from gambling areas where they are not
permitted to enter.
It is noted that there are conditions
which the Licensing Authority cannot attach to premises licences which are:
·
any
condition on the premises licence which makes it impossible to comply with an
operating licence condition;
·
conditions
relating to 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); and
·
conditions
in relation to stakes, fees, winning or prizes.
The Licensing Authority will seek to ensure
that operators are following conditions laid down by the Gambling Commission to
provide information on how to gamble responsibly and how to access information
about problem gambling. Information should be made available in accessible form
e.g. large print.
7.4 Door Supervisors
The Gambling Commission advises in
its Guidance to Licensing Authorities that if a licensing authority is
concerned that a premises may attract disorder or be subject to attempts at
unauthorised access (for example by children and young persons) then it may
require that the entrances to the premises are controlled by a door supervisor,
and is entitled to impose a premises licence to this effect.
Where it is decided that
supervision of entrances/machines is appropriate for particular cases, a
consideration of whether these need to be SIA licensed or not will be
necessary. It will not be automatically
assumed that they need to be licensed, as the statutory requirements for
different types of premises vary.
8. Complaints against Licensed Premises
The Licensing Authority will investigate
complaints against licensed premises in relation to matters relating to the
licensing objectives for which it has responsibility. In the first instance, complainants are
encouraged to raise the complaint directly with the licence holder or business
concerned to seek a local resolution.
Where an interested party has made
either a valid representation about licensed premises or a valid application
for a licence to be reviewed, the Licensing Authority may initially arrange a
conciliation meeting to address and clarify the issues of concern.
This process will not override the right
of any interested party to ask that the Licensing Committee consider their
valid objections, or for any licence holder to decline to participate in a
conciliation meeting.
Due consideration will be given to all
relevant representations unless they fit the exceptions detailed in section 3.3
of this policy.
9. Further information
Further
information about the Gambling Act 2005, this Statement of Licensing Policy or
the application process can be obtained from:-
The
Licensing Section
Civic
Office
Waterdale
DN1 3BU
Tel:
01302 737590
Fax: 01302
737323
E-mail: licensing@doncaster.gov.uk
Website:
www.doncaster.gov.uk/licensing
Information
is also available from:-
Gambling
Commission
B2
4BP
Tel: 0121
230 6666
Email: info@gamblingcommission.gov.uk
Website: www.gamblingcommission.gov.uk
APPENDIX A
The area of South Yorkshire administered by
Doncaster Council
APPENDIX B
TABLE
OF DELEGATIONS OF LICENSING FUNCTIONS
|
MATTER TO
BE DEALT WITH |
FULL COUNCIL |
SUB-COMMITTEE |
OFFICERS |
|
Three year licensing policy |
X |
|
|
|
Policy not to permit casinos |
X |
|
|
|
Fee Setting - when appropriate |
X |
|
|
|
Application for premises licences |
|
Where representations have been received
and not withdrawn |
Where no representations received/
representations have been withdrawn |
|
Application for a variation to a licence |
|
Where representations have been received
and not withdrawn |
Where no representations received/
representations have been withdrawn |
|
Application for a transfer of a licence |
|
Where representations have been received
from the Commission |
Where no representations received from the
Commission |
|
Application for a provisional statement |
|
Where representations have been received
and not withdrawn |
Where no representations received/
representations have been withdrawn |
|
Review of a premises licence |
|
X |
|
|
Application for club gaming /club machine
permits |
|
Where representations have been received
and not withdrawn |
Where no representations received/
representations have been withdrawn |
|
Cancellation of club gaming/ club machine
permits |
|
X |
|
|
Applications for other permits |
|
|
X |
|
Cancellation
of licensed premises gaming machine permits |
|
|
X |
|
Consideration of
temporary use notice |
|
|
X |
|
Decision to give a
counter notice to a temporary use notice |
|
X |
|