Agenda item

Purpose: To seek comments from the Licensing Committee on the Draft Statement of Gambling Principles prior to it being consulted on.

Councillor Tony Linden noted that there are no substantial changes to the draft document. Flo Churchill confirmed this, but asked that standing orders be suspended so that David Lucas could attend and explain the changes that have been made. Councillor Jeff Beck agreed, and congratulated the officers on their work.

(Suspension of standing orders, in order to allow David Lucas to attend the meeting and speak, were approved.)

David Lucas presented the report (Agenda Item 5), seeking comments from the Licensing Committee on the Draft Statement of Gambling prior to be consulted on. Lucas noted that a lot of changes that have been made to the draft are to tidy it up.

Sections 1.1-1.5 were tided up to clearly match the obligations of the document in the Gambling Act 2005. Section 1.5 and 1.6 presents a clearer definition of business interests and interested parties, noting that those who are recognised as a business interest are done so on a case by case basis. In terms of risk assessments (1.9), the report has been cleared to make sure that it is clear to parties what their obligations are. If local authorities wish to have a Local Area Profile, the document clarifies that they should make it a new document for the licencing authorities.

On licence conditions (2.5) there are clear conditions for applying for licences. Sections 2.6-2.12 deal with different types of premises from licensed establishments to casinos, to make it clear what the requirements for each type are. On casinos, the only casinos that can legally exist either precede or are under the 2005 Act, of which only 16 exist, with West Berkshire not being an area in which new ones can exist. On tracks (2.11) any ground in which sports can be held are counted, and are under restrictions such as where children can access, gaming machines, and planning restrictions, information on what is allowed has been provided. Travelling fairs (2.12) are additionally covered.

Concluding, Lucas noted that license reviews have been updated, alcohol licensing has been updated, and updating of the sections on permits. The only section that has been added is on small society lotteries.

Councillor Graham Bridgman noted that the contents section jumps from Part A to Appendix C, the mix of full and ragged justification, and that the footer to the draft policy notes that it has been adopted in 2021, when it has not and will not until 2022. On the dates of adoption, Councillor Bridgman additionally noted that under the Gambling Act 2005, policies run for three years from January 31^st up to January 30^th and asked that that be the same for this policy. Councillor Bridgman asked that this and other consistency issues be tidied up.

Councillor Bridgman proposed that Recommendation 1 be amended to read as follows:

“That the draft revised Statement of Gambling Principles prepared under Section 349 of the Gambling Act 2005 as appended to this report, and as amended prior to consultation to deal with any minor typographical or formatting changes, which must be agreed by the Chairman and the Monitoring Officer, be approved for consultation.”

Additionally, Councillor Bridgman noted that the policy contains lists of delegations and delegated functions, which are not covered by policies, but by the Constitution, and that it be extracted and made part of the Constitution if necessary.

David Lucas is supportive of the proposed typographical changes, and asks Councillor Bridgman on his thoughts on consistency with delegations under the Licensing Act 2003. Moira Fraser notes that internal consultation processes are used in regards to changes to the Constitution, and that changes to the scheme of delegation be put through this internal process, and to the Governance and Ethics Committee. Councillor Bridgman reiterates his point, asking that both Licensing and Gambling delegations be extracted for this process, leaving the rest of the policy for consultation.

Councillor Claire Rowles notes that an internal process to make changes to the Constitution will be potentially longer than the process of changing and implementing the policy, and asks whether this process is tenable. Councillor Bridgman responded that the scheme of delegation in the draft Statement may be correct, and would simply need to be approved by the Governance and Ethics Committee.

Councillor Adrian Abbs noted that the definition of travelling fairs may affect the Christmas fair at the racecourse, and asks what the specific arrangement of ‘amusement’ is. David Lucas specified that travelling fairs fall under a specific regulation and they are able to hold gambling, so long as it is situated in one location for fewer than 27 days. Councillor Abbs responded that Lucas’ explanation was much clearer than the draft Statement, and ask that it be tidied to reflect that.

(The Committee approved a return to standing orders, and David Lucas left the meeting.)

The amendment to Recommendation 1 as proposed by Councillor Bridgman is approved.

Councillor Bridgman additionally questioned why a twelve week consultation period was proposed by the report when there was the option of a six week consultation. Moira Fraser responded that it was sector best practice, but that the option of a six week consultation remained for the consideration of the Committee.

RESOLVED that:

1.    That the draft revised Statement of Gambling Principles prepared under Section 349 of the Gambling Act 2005 as appended to this report, and as amended prior to consultation to deal with any minor typographical or formatting changes, which must be agreed by the Chairman and the Monitoring Officer, is approved for consultation.

2.    The Public Protection Manager is authorised to proceed with formal consultation for a 12 week period between the 05 July 2021 and the 27 September 2021.

3.    Decided that the parties as set out in paragraph 5.10 of the report would be consulted.

4.    Decided that any comments on the revised Statement would be brought to the 08 November 2021 Licensing Committee meeting for discussion prior to the report being formally presented for adoption at the 02 December 2021 Council meeting.