public inspection of plans and participation...2015/12/17 · 3. public participation members of...

BRAUNSTONE TOWN COUNCIL www.braunstonetowncouncil.org.uk

Darren Tilley – Executive Officer & Town Clerk Braunstone Civic Centre, Kingsway, Braunstone Town, Leicester, LE3 2PP

Telephone: 0116 2890045 Fax: 0116 2824785 Email: [email protected]

PLANNING APPLICATIONS

PUBLIC INSPECTION OF PLANS AND PARTICIPATION 1. The Planning Applications can be inspected at the offices of Blaby District Council to whom

representations should be made and they are also available Blaby District Council’s website at www.blaby.gov.uk under Planning Application Search

2. A list of the applications to be considered by the Town Council’s Plans & Environment Committee are listed on the Town Council’s website www.braunstonetowncouncil.org.uk under Planning & Environment Services, Inspection of Local Planning Applications.

3. The applications will be considered by the Braunstone Town Council’s Plans and Environment Committee, which may make its own observations and forward them to the relevant Planning Authority.

4. Braunstone Town Council and Blaby District Council have introduced procedures to enable applicants, objectors and supporters to speak on applications brought before their relevant Committees.

9th December 2015 To: Councillor Gary Sanders (Chair), Councillor Bill Wright (Vice-Chair) and Councillors Muhammad Aslam, Roger Berrington, Dinesh Joshi, Berneta Layne, Stuart Maxwell, Phil Moitt, Chetan Parmar and Robert Waterton and Mr John Dodd (Ex-Officio). Dear Councillor You are summonsed to attend a meeting of the PLANS & ENVIRONMENT COMMITTEE to be held in the Fosse Room at Braunstone Civic Centre on Thursday, 17th December 2015 commencing at 7.30pm, for the transaction of the business as set out below. Yours sincerely,

Executive Officer & Town Clerk

AGENDA

1. Apologies To receive apologies for absence.

2. Disclosures of Interest

To receive disclosures of Interest in respect of items on this agenda: a) Disclosable Pecuniary Interests, b) Other Interests (Non-Pecuniary).

1

3. Public Participation

Members of the public may make representations, give evidence or answer questions in respect of any item of business included on the agenda. At the discretion of the Chairperson the meeting may be adjourned to give members of the public present an opportunity to raise other matters of public interest.

4. Minutes of the Meeting held 19th November 2015

To confirm the accuracy of the Minutes of the Meeting held on 19th November 2015 to be signed by the Chairperson (Enclosed).

5. Planning Applications dealt with under Delegated Authority To receive and note responses to planning applications taken under Delegated Authority (Enclosed).

6. Planning Applications To agree observations on planning applications received (Enclosed).

7. Additional Planning Applications To agree observations on planning applications received since the publication of the agenda (if any).

8. Planning Decisions To receive and note planning decisions made by Blaby District Council (Enclosed). 9. Transport Scheme Improvements - Narborough Road South - West

Service Road To consider issues raised concerning safety and traffic calming on Narborough Road South West Service Road, since the Fosse Park Roundabout Improvement Scheme and to request a stage 4 safety audit be undertaken to assess the effectiveness of the scheme and amended calming measures in relation to the Service Road. (Enclosed).

10. Lubbesthorpe and M1 Bridge Construction

To receive issues highlighted by residents, concerning the Lubbesthorpe Development Construction and M1 Bridge Construction and to consider arrangements for seeking to resolve the issues raised. (Enclosed).

11. Blaby District Council Consultation - Draft Gambling Act Statement of Licensing Principles 2016 – 2019 To consider the Draft Blaby District Gambling Act Statement of Licensing Principles 2016-2019 and respond to the consultation as appropriate. (Enclosed).

12. Feedback from Planning Nuts and Bolts Training To receive feedback from Councillor Waterton on the Planning Nuts and Bolts Training held on 26th November 2015.

13. Feedback on Planning Application Comments To receive an update on whether feedback can be provided by the District Planning Authority on comments made by the Town Council on Planning Applications.

2

14. Lubbesthorpe Strategic Consultative Board To consider any items for the next meeting of the Lubbesthorpe Strategic Consultative Board.

15. Financial Comparisons To receive Financial Comparisons for the period 1st April 2015 to 30th November 2015. (Enclosed).

16. Capital Plan and Budget Estimates 2016/17 To consider a statement of Expenditure for 1st April 2014 to 31st March 2015, a list of capital projects for 2016/2017 and beyond, and a proposed budget for 2016/2017 for recommendation to Policy & Resources Committee. (Enclosed).

17. Termination of the Meeting

NOTE: CRIME & DISORDER ACT 1998 (SECTION 17) – The Council has an obligation to consider Crime and Disorder implications of all its activities and to do all that it can to prevent Crime and Disorder in its area. EQUALITIES ACT 2010 Braunstone Town Council has a duty in carrying out its functions to have due regard to:-

• eliminate unlawful discrimination, harassment and victimisation; • advance equality of opportunity between different groups; and; • foster good relations between different groups

To ensure that no person receives less favourable treatment on the basis of race, disability, sex, gender re-assignment, sexual orientation, age, religion or belief, marriage or civil partnership, pregnancy or maternity.

3

5895

Item 04 BRAUNSTONE TOWN COUNCIL

MINUTES OF PLANS & ENVIRONMENT COMMITTEE

THURSDAY 19TH NOVEMBER 2015

PRESENT: Councillor Gary Sanders (Chair), Councillor Bill Wright (Vice-Chair) and Councillors Roger Berrington, Berneta Layne, Sam Maxwell (substituting for Stuart Maxwell), Phil Moitt and Robert Waterton. Officers in attendance: Darren Tilley, Executive Officer & Town Clerk, Pauline Snow, Deputy Executive Officer & Community Services Manager. There were no members of the public present at the meeting. 59. Apologies

Apologies were received from Councillor Stuart Maxwell. 60. Disclosures of Interest

A disclosure of a Disclosable Non-Pecuniary Interest was made by Councillors Sam Maxwell and Bill Wright in agenda item 9, Blaby District Council – Car Parks Consultation, as members of the Blaby District Scrutiny Group reviewing the Car Parks Strategy.

61. Public Participation

In accordance with Standing Order 3.6, members of the public may attend the meeting for the purpose of making representations, giving evidence or answer questions in respect of any item of business included on the agenda. There were no members of the public present.

62. Minutes of the Meeting held 15th October 2015

The Minutes of the Meeting held on 15th October 2015 were circulated (item 4 on the agenda).

RESOLVED that the Minutes of the meeting held on 15th October 2015 be approved and signed by the Chairperson as a correct record.

63. Planning Applications dealt with under Delegated Authority The Committee received and noted responses to planning applications taken under

Delegated Authority (item 5 on the agenda).

4

5896

RESOLVED that the action taken by the Executive Officer & Town Clerk under delegated authority in forwarding the following observations to Blaby District Council be noted: 1. Application No: 15/1301/FUL Description: Installation of 1 Temporary Refrigerated (40ft) Container

(between 1st November and 31st January annually)

Location: Marks & Spencers Unit 9 Fosse Park Avenue Enderby Leicestershire.

Response:

Braunstone Town Council has no observations.

Reason: The temporary refrigerated container was located within the yard with other similar containers and there appeared to be enough space to accommodate it.

64. Planning Applications

The Committee received details of planning applications to be considered by Blaby District Council (item 6 on the agenda). The Executive Officer and Town Clerk reported that while notice had been given by Blaby District Council of application 15/1321/DOC for determination (listed as application 2 on agenda item 6), the documents had not been made available. This item would therefore be postponed until a subsequent meeting or determined under Delegated Authority. RESOLVED that the following responses be forwarded to Blaby District Council: 1. Application No: 15/1290/HH

Description: Increase in roof height incorporating dormer windows to

front and rear elevations, and single storey front and rear extensions

Location: 10 Percy Street Braunstone Town Leicestershire LE3 2FL

Response: Braunstone Town Council wishes to make the following comments: a condition should be added to the approval which states that the provision for 3 off-road parking spaces must be retained in perpetuity.

Reason: The plans provided for 5 bedrooms and it was essential that these spaces should be retained for future use.

65. Additional Planning Applications

The Committee received details of planning applications received since the publication of the agenda (item 7 on the agenda). RESOLVED that the following responses be forwarded to Blaby District Council:

5

5897

1. Application No: 15/1380/HH

Description: Two storey side extension and demolition of existing conservatory.

Location: 68 Tuffleys Way, Braunstone Town, Leicester, LE3 3UT

Response: Braunstone Town Council objects to this application since the proposed development would result in over-development of the site due to scale and mass and provided insufficient parking provision.

Reason: The proposed development would be detrimental to the amenities enjoyed by the occupants of neighbouring properties due to over-bearing effect and the plans contain four bedrooms, while there was no provision for three off road parking spaces.

2. Application No: 15/1363/HH

Description: Two storey rear extension (Revised Scheme)

Location: 130 Narborough Road South, Braunstone Town, Leicester,

LE3 2FQ

Response: 1. In accordance with Local Plan Policy T7 replacement on-site parking facilities should be provided: dwellings with more than 4 bedrooms – 3 spaces, 3 or less bedrooms – 2 spaces.

2. The upstairs side window in the extension should be obscured glass and the occupiers of neighbouring properties should be fully consulted in connection with the proposals.

Reasons: 1. The proposals provided for 4 upstairs rooms, the

plans provide no indication of the number of parking spaces.

2. It was possible that neighbouring properties would be overlooked, which would be detrimental to the amenity enjoyed by these properties on the grounds of privacy

66. Lubbesthorpe Development

a) Members noted that a public drop-in had been organised for Wednesday 25th November, between 5pm – 8pm for residents to raise issues concerning the development and in particular the M1 bridge construction.

b) It was noted that a response had been received from Blaby District Council that they would not provide a response on discharge items such as utilities or design.

6

5898

Members asked that the matter be discussed further at the next meeting of the Plans and Environment Committee.

c) Members were asked to consider issues to raise at the next meeting of the Lubbesthorpe Strategic Consultative Board. Members agreed that to defer this matter until after the public drop-in meeting on Wednesday 25th November. The Town Clerk & Executive Officer had been asked to confirm the date of the next meeting.

67. Blaby District Council – Car Parks Consultation

The Committee considered Blaby District Council’s Car Parks Consultation to determine whether to submit a response (item 9 on the agenda). RESOLVED that the following response be given “the Car Parks Strategy and objectives be supported, subject to parking for disabled people holding blue badges being free of charge”. Reason for Decision A blue badge holder should not be time limited on free parking and should be entitled to park for free up to the maximum stay for parking in the car park provided the blue badge was displayed.

68. Temporary Road Closure of Beggars Lane, Lubbesthorpe

The Committee received a notice of the closure of Beggars Lane, Lubbesthorpe from 9th November 2015 for up to 7 weeks (item 10 on the agenda). RESOLVED that the closure be noted. Reason for Decision Work was due to be carried out on the construction of a new roundabout for New Lubbesthorpe and the diversion route used was the most appropriate route.

69. Termination of the Meeting The meeting closed at 7.40pm.

These minutes are a draft and are subject to consideration for approval at the next meeting, scheduled for 17th December 2015.

NOTE: CRIME & DISORDER ACT 1998 (SECTION 17) – The Council has an obligation to consider Crime & Disorder implications of all its activities and to do all that it can to prevent Crime and Disorder in its area. EQUALITIES ACT 2010 Braunstone Town Council has a duty in carrying out its functions to have due regard to:-

• eliminate unlawful discrimination, harassment and victimisation; • advance equality of opportunity between different groups; and; • foster good relations between different groups

To ensure that no person receives less favourable treatment on the basis of race, disability, sex, gender re-assignment, sexual orientation, age, religion or belief, marriage or civil partnership, pregnancy or maternity.

These issues were considered in connection with each of the above decisions. Unless otherwise stated under each item of this report, there were no implications.

7

1

BRAUNSTONE TOWN COUNCIL

PLANS & ENVIRONMENT COMMITTEE – 17th DECEMBER 2015

Item 5 – Planning Applications dealt with under Delegated Authority To receive and note responses to planning applications taken under Delegated Authority: 1. Application No: 15/1406/LBC Description: Change of use to include ancillary A5 Use (Hot Food

Takeaway) (Retrospective). Listed Building Consent. Location: Shakespeare Inn Braunstone Lane Braunstone Town

Leicestershire

Response:

Braunstone Town Council wishes to make the following comment: that a condition of consent should be that any changes/additions to signage on the exterior of the building and premises must receive the prior consent of the Local Planning Authority.

Reason: The change of use was contained entirely within the interior of the building, however, providing a take away may result in changes to exterior signage and any such changes would have an impact upon the Listed Building.

2. Application No: 15/1405/FUL

Description: Change of use to include ancillary A5 Use (Hot Food Takeaway) (Retrospective). Retrospective Planning Consent.

Location: Shakespeare Inn Braunstone Lane Braunstone Town Leicestershire

Response:

Braunstone Town Council wishes to make the following comments: a) there was an inconsistency between the closing times

on Friday and Saturday listed on the application form and that of paragraph 12 of the design and access statement, no decision should be made until the precise opening hours have been clarified; and

b) a condition of consent should be that a litter bin must be provided on the car park forecourt and should be retained.

Reasons: a) To ensure no ambiguity around the opening hours

upon which consent had been granted. b) To ensure that the impact of rubbish upon

Shakespeare Park and Highway would be mitigated.

8

2

3. Application No 15/1421/HH Description: Single storey side and rear extensions Location: 7 Hilcot Green Braunstone Town Leicestershire LE3 3SY Response:

Braunstone Town Council wishes to make the following comment: that the occupiers of neighbouring properties should be fully consulted in connection with the proposals.

Reason: The side extension would be close to the boundary of the neighbouring property and may impact upon the amenity of this property.

4. Application No 15/0832/RM Description: Revised layout with revised house types. Location: North & South Of The M69 Motorway, West Of The M1

Motorway And East Of Beggars Lane Lubbesthorpe Leicester

Response:

Braunstone Town Council wishes to make the following comments: a) Applications for the site now exceed 565 houses, the

Planning Authority should ensure that the developer has advanced plans and a timetable for ensuring the first Primary School is built;

b) the land around the deserted medieval village of Lubbesthorpe should not be used as land for community purposes, but should be retained as farmland;

c) the design of Main Street should either take into account traffic calming measures and a weight limit in order to reduce the amount of through traffic or the District Centre and the School should be located off Main Street on a separate side street and an appropriate traffic junction and crossing facilities installed at Main Street;

d) small areas of green space within Housing Developments, which are not recreational nor play space should not be designated open space but included as shared space, along with the access and parking, within the title deeds of the residential properties;

e) boundaries between residential properties and public open space should be the responsibility of the individual residential units; and

f) the Landscape Plans should only include indigenous species recommended by the Royal Horticultural Society for use in sustainable urban developments.

Reasons: a) To ensure compliance with the Section 106 agreement

of January 2014 requiring the school to be available for the first day of the September term prior to the occupation of the 300th dwelling.

b) To prevent a loss of open space to the development

9

3

should the land be required for a direct link road from the M1 south onto the M69;

c) Main Street had the potential to become a rat-run, therefore either mitigation measures should be taken to prevent this or if the route forms part of a wider access from the west into the principal urban area, then the location of the school and community facilities along it should be relocated in order to ensure the safety of users;

d) the Thorpe Astley development included a number of small parcels of open space which due to the small size had no recreation/play purpose or value but had not been included as part of the shared responsibilities of the surrounding properties, this land has become the responsibility of the Parish Council but has limited wider community value;

e) the Thorpe Astley development boundaries between residential properties and public open space were all designated as shared, however, the fences are to protect the privacy and security of the residential dwellings and should be the responsibility of the individual residential units; and

f) Some of the species listed was foreign and would be inappropriate for use since they were invasive species which could spread unsustainably if not regularly maintained at a significant cost.

5. Application No 15/0799/RM Description: Revised layout with revised house types. Location: Land To The North And South Of The M69 Motorway, West

Of The M1 Motorway And East Of Beggars Lane, Lubbesthorpe

Response:

Braunstone Town Council wishes to make the following comments:

a) the land around the deserted medieval village of Lubbesthorpe should not be used as land for community purposes, but should be retained as farmland;

b) the design of Main Street should either take into account traffic calming measures and a weight limit in order to reduce the amount of through traffic or the District Centre and the School should be located off Main Street on a separate side street and an appropriate traffic junction and crossing facilities installed at Main Street;

c) small areas of green space within Housing Developments, which are not recreational nor play space should not be designated open space but included as shared space, along with the access and parking, within the title deeds of the residential properties;

d) boundaries between residential properties and public

10

4

open space should be the responsibility of the individual residential units; and

e) the Landscape Plans should only include indigenous species recommended by the Royal Horticultural Society for use in sustainable urban developments.

Reasons: a) To prevent a loss of open space to the development

should the land be required for a direct link road from the M1 south onto the M69;

b) Main Street had the potential to become a rat-run, therefore either mitigation measures should be taken to prevent this or if the route forms part of a wider access from the west into the principal urban area, then the location of the school and community facilities along it should be relocated in order to ensure the safety of users;

c) the Thorpe Astley development included a number of small parcels of open space which due to the small size had no recreation/play purpose or value but had not been included as part of the shared responsibilities of the surrounding properties, this land has become the responsibility of the Parish Council but has limited wider community value;

d) the Thorpe Astley development boundaries between residential properties and public open space were all designated as shared, however, the fences are to protect the privacy and security of the residential dwellings and should be the responsibility of the individual residential units; and

e) Some of the species listed was foreign and would be inappropriate for use since they were invasive species which could spread unsustainably if not regularly maintained at a significant cost.

6. Application No 15/0873/RM Description: Revisions to Landscaping layout including relocation of

footpaths and redesign of drainage ponds. Location: North And South Of The M69 Motorway, West Of The M1

Motorway And East Of Beggars Lane, Lubbesthorpe Leicester

Response:

Braunstone Town Council wishes to make the following comments:

1. the Landscape Plans should only include indigenous species recommended by the Royal Horticultural Society for use in sustainable urban developments, Bryony was not suitable for use in public open spaces; and

2. the details, timescales and works for the Landscaping taking place east of the M1 adjacent to Meridian Way should be undertaken in consultation and liaison with Braunstone Town Council and arrangements for the future management and legal transfer (along with

11

5

associated commuted sums) should be undertaken in consultation and liaison with Braunstone Town Council.

Reasons: 1. Some of the species listed was foreign and would be

inappropriate for use since they were invasive species which could spread unsustainably if not regularly maintained at a significant cost. Bryony grows rapidly and would swamp other plants, it is poisonous and the sap it produces reacts with human skin.

2. While it was understood that a Community Trust may manage the Lubbesthorpe Open Spaces; the landscaping on land to the East of the M1 was adjacent to Thorpe Astley and within the Parish of Braunstone, which currently had operational arrangements in place for managing Thorpe Astley Open Spaces. The involvement of Braunstone Town Council in the landscaping arrangements and future of the land adjacent to Meridian Way would ensure that the interests of the residents adjacent to the site were represented.

12



Item 6 – Planning Applications To agree observations on Planning Applications received: 1. Application No: 15/1415/DOC Description: Discharge of conditions 3, 4, and 5 attached to planning

permission 15/0821/FUL. Location: 16 Bidford Road Braunstone Town Leicestershire LE3 3AE 2. Application No 15/1466/DOC Description: Request for confirmation that conditions are discharged

from 02/0795/1/PX Location: Development At Watergate Lane Braunstone Town

Leicestershire

13

1


PLANS & ENVIRONMENT COMMITTEE – 17TH DECEMBER 2015

Item 8 – Planning Decisions To receive and note planning decisions made by Blaby District Council. Application Number

Description Location Braunstone Town Council Response

Decision by Planning Authority

15/1215/HH

Single storey side extension

175 Kingsway Braunstone Town Leicestershire LE3 2PN

Provide sufficient on-site parking and consult with neighbours

Approved – must use materials stated in plans

15/1290/HH Increase in roof height incorporating dormer windows to front and rear elevations, and single storey front and rear extensions

10 Percy Street Braunstone Town Leicestershire LE3 2FL

Condition that 3 parking spaces must be retained in perpetuity.

Approved, subject to: • West window obscurely

glazed and remain so, • No additional windows, • Drainage to be provided, • Parking spaced to remain.

15/1301/FUL Temporary siting of one storage container between 1 November and 31 January each year

Marks & Spencer Unit 9 Fosse Park Avenue Enderby

No observations Approved, subject to container only be placed on site 1st November – 31st January.

15/1115/HH

Two storey side and rear and single storey front and rear extensions.

84 Lubbesthorpe Road Braunstone Town Leicestershire LE3 2XE

Objected on the grounds of overbearing effect.

Approved, subject to: • No windows/openings in

first floor NE & SW flank, • Flood remediation

measures must be implemented.

14

1



Item 9 – Transport Scheme Improvements - Narborough Road South - West Service Road Purpose To consider issues raised concerning safety and traffic calming on Narborough Road South West Service Road, since the Fosse Park Roundabout Improvement Scheme and to request a stage 4 safety audit be undertaken to assess the effectiveness of the scheme and amended calming measures in relation to the Service Road. Background The Fosse Park Island Improvement Scheme undertaken during 2013/2014 resulted in changes to the Narborough Road South West Service Road between Lubbesthorpe Road and the Island, including the removal of the southernmost calming feature. Local residents have been in contact with the Town Council and Town Councillors concerning safety and traffic conditions on this section of road, a number of accidents have occurred, on one occasion a car had overturned resulting in closure suggesting excessive speed. In addition, the removal of the southernmost calming feature has unbalanced the calming scheme which now ends with 2 build outs on the east side, resulting in inbound speeds appearing to be regularly over 30mph and limited visibility along with inbound speeds making it difficult to exit Lubbesthorpe Road, a bus route. Options for Consideration

1. A stage 4 safety audit could be undertaken to assess the effectiveness of the scheme and amended calming measures.

2. Consideration be given to rebalancing the scheme e.g. by moving the southern build out to the west side or introducing calming features on the link from the roundabout.

3. Inbound and outbound speeds be measured just south of Lubbesthorpe Road / service road junction.

4. An assessment of Statistics 19 accident data for the period since the improvement.

5. Traffic counts be undertaken for the service road since it was hoped that the scheme would reduce traffic flow (Braunstone Town Council asked Leicestershire County Council if a count site could be included with the other signal scheme detection so this may be automated).

6. Coordination of traffic signals on the main Narborough Road South be checked and amended as appropriate. Traffic regularly queues from Asda roundabout through the service road signals. This and the current lane allocations/lining design means that outbound Narborough / Fosse Park

15

2

bound traffic on the west service often have nowhere to go when they receive a green signal. It causes confusion and potential conflict as drivers try to clear the high speed junction. Some drivers now ignore the west service road lane allocations and hope to force their way into the designated Narborough / Fosse Park lanes on the exit. This problem can happen at any time of day, not just at peak periods.

Recommendations 1. That the Town Council formally write to Leicestershire County Council

expressing its concern and requesting that options 1 to 6 above be considered and actioned; and

2. that it be recommended to Community Development Committee that the Town Council’s Speed Sign be allocated on the Narborough Road South West Service Road south of Lubbesthorpe Road to assess the level of traffic flow and speed.

Reasons 1. It appeared that the traffic calming scheme had become unbalanced following

the improvements to Fosse Park Island and this had resulted in adverse speed and problems with traffic flows; these issues needed to be assessed and mitigated since there would be a risk of fatalities.

2. To enable the Town Council to assess the level of traffic flow and speed and where issues were identified to address these in partnership with the Police and County Council.

16

1



Item 10 – Lubbesthorpe and M1 Bridge Construction Purpose To receive issues highlighted by residents, concerning the Lubbesthorpe Development Construction and M1 Bridge Construction and to consider arrangements for seeking to resolve the issues raised. Background Local Councillors have received and observed issues concerning the construction of the new M1 Bridge from Thorpe Astley to Lubbesthorpe and this was identified at Council on Thursday 10th September 2015. Among the issues are the number of hours, including through the night, the work is being undertaken and the noise, particularly at night, which is being generated which is considered a nuisance to local residents. On 24th September 2015, Plans & Environment Committee considered the issue and members also expressed concern about the lack of information provided by Leicestershire County Council regarding the work. The Committee decided (minute 48): 1. that the issue be raised at the next meeting of the Lubbesthorpe Strategic

Consultative Board (scheduled for 8th October 2015); 2. that a Councillors site visit be arranged; 3. that a meeting/engagement session be planned to engage the residents of

Thorpe Astley; and 4. that a meeting with representatives from Leicestershire County Council and

the developers be arranged to discuss the issues raised. The reasons for the Committee’s decision were: 1. to ensure that the District Planning Authority was fully aware of the issues and

to ascertain whether other communities felt affected; 2. to view the work being undertaken; 3. to ensure that all issues and perspectives were gathered in order that they

could be considered in the round and suitably and effectively resolved; and 4. to ensure that all the issues raised were presented and to enable all parties

and the Town Council to constructively work together to solve issues. On 25th November 2015, between 5pm and 8pm, a meeting/engagement session was held at Thorpe Astley Community Centre to enable residents with concerns to drop in and speak to their local Town Councillors. 15 people attended this event and 2 further responses were submitted via the online form. A summary of the issues raised is set out in Appendix 1.

17

2

Action Suggested 1. The issues highlighted from the engagement session and online form be raised

directly with the relevant organisation and that this be undertaken by face to face meeting.

2. A Councillors site visit be arranged with the Construction operator for the M1 Bridge.

3. A meeting about potential highway improvement works be arranged with Leicestershire County Council Highways, including its further consideration at a Plans & Environment Committee.

Recommendations 1. That the issues highlighted from the engagement session and online form be

pursued by the Town Council as follows: a) Future Highways Improvements – issues to be raised and options

explored with Leicestershire County Council Transport Policy & Strategy Officers;

b) Watergate Lane – reassurance and full details of the scheme be sought from Blaby District Council Planning Officers; and

c) Construction of the M1 Bridge (traffic, noise, privacy, timings) – a meeting be held between the Executive Officer & Town Clerk and the Public Liaison Officer for the M1 Bridge construction work to seek to resolve the issues raised; and

2. that progress reports be given to future meetings of Plans & Environment Committee, setting out where appropriate, further action and decisions to be made by the Town Council.

Reasons 1. To ensure that relevant bodies were aware of the issues raised and to enable

the Town Council to constructively work with each relevant organisation as appropriate to resolve these issues.

2. To keep a watching brief on progress and to enable further decisions to be made where necessary to facilitate a resolution.

18

Lubbesthorpe and M1 Bridge Construction

Answers from attendees at the public event – 25/11/2015

3

Name Contact details Wants to be kept informed of progress?

Issues from construction works

Location of impact

Impact of construction

Mitigating measures

Other points

Sam Lee Seaton Road

Yes Traffic Levels Near McDonalds/Hilton just off Junction 21 approach

Terrible. This island is dangerous at peak times – especially 5-6pm. No lights at some approaches – people take life in their hands ducking through traffic on 0 made by lights on some approaches. Lights are needed now or some way to make this safe.

19



4



Location of impact


Mitigating measures

Other points

Mrs Daines

Watergate Lane

Yes Traffic Levels/Parking

Watergate Lane Concern of construction traffic on or using Watergate Lane, will traffic be using the road? Concern once all houses built and traffic using Watergate Lane to access to Narborough Road

Beggars Lane to M1 bridge used to be gated 10+ years ago. A promise was made to put bollards down Watergate Lane to mitigate traffic using as a cut through, is this going to be completed?

School near to Watergate Lane (Millfield?) which use the road to get to school. Can we still use Beggars Lane? Or is this just for construction traffic?

20



5



Location of impact


Mitigating measures

Other points

Leah Crofts

Priestman Road

Yes Noise Hours of work Construction vehicles

Porta cabins – can see in to garden – no privacy. Noise of vehicles Time of work – keeps us awake

Been kept up on several occasions for many hours early hours in the morning. The construction vehicles are so loud they have impacted our 2 dogs – stressed them out, kept them awake, constant barking, pacing the garden.

Move mud mound back to prevent noise and privacy Put trees in place to act as sound barrier and help with privacy.

21



6


Issues from constructionworks

Location of impact


Mitigating measures

Other points

Mrs J Bangs

Murby Way

Yes Dust Noise Hours of work Pollution Access to public footpaths Construction vehicles Highway Safety

Murby Way – our homes

Noise throughout the night Looking at mounds of soil Extra traffic Dust/dirt

Side plants not enough need GOOD sound barriers Lighting – on all night yes or no!

Compensation through works and afterwards loss of value to my property



Location of impact


Mitigating measures

Other points

22



7



Location of impact


Mitigating measures

Other points

Dr Alan Horsley

Yes



Location of impact


Mitigating measures

Other points

Peter O Sullivan

Desford

No Land supply in Huncote. Development

23



8



Location of impact


Mitigating measures

Other points

Mr Kevan Shaw

178 Lubbesthorpe Road Leicester LE3 2XG

Yes

Access to public footpaths/cyclepaths Construction Vehicles Highway Safety Traffic levels/parking

Watergate Lane/ Lubbesthorpe Bridle Road. Potential flood risk from ‘run off’ water,

24



9



Location of impact


Mitigating measures

Other points

Michael Knowles

Wilson Close

Yes Highway safety Traffic levels/parking

Roundabout by Royal Mail and Foxon Way

Increased traffic and safety/ability to cross to get to work. What is going to be installed to enable safe crossing? Bridge/tunnel.

25



10


Issues from constructionworks

Location of impact


Mitigating measures

Other points

Steven Green

Priestman Road

Yes Dust Noise Pollution Access to public footpaths Construction vehicles

Rear of property and also spoiling enjoyment of the garden.

Stress Lack of sleep Views from the rear of the house now ruined Now having to keep windows and blinds closed all day at the rear of the property, because of noise, dust etc. Also am now having to sleep in a single bed in my front bedroom as I work shifts so the noise is too loud in the day.

Yes – cancel it. Failing that at least make sure the view of the road is not seen for the houses that are facing this awful destruction of green fields and open spaces

Cancel the whole project?

26



11



Location of impact


Mitigating measures

Other points

Pooja

Yes

Traffic Levels/Parking

Isobella Road All ok Yes

27



12



Location of impact


Mitigating measures

Other points

Mr & Mrs Guyme

Murby Way

Yes Dust Noise Hours of work Pollution Traffic levels/parking Pelican crossing?

Murby Way Feeling of vibrations in our house. Will it be damaging our foundations?

Sound barriers from traffic. Motorway bridge road, is lighting going to be floodlit all night?

Compensation for loss of value to our property and while work is being done.

28



Item 11 – Blaby District Council Consultation – Draft Gambling Act Statement of Licensing Principles 2016 – 2019 Purpose To consider the Draft Blaby District Gambling Act Statement of Licensing Principles 2016-2019 and respond to the consultation as appropriate. Blaby District Car Parks Consultation Under the Gambling Act 2005 the Licensing Authority is required to publish a ‘Statement of Principles’ every three years, outlining the procedures it intends to follow in discharging its statutory responsibilities under the Act. In accordance with that requirement the Licensing Authority has reviewed its current policy and has prepared a draft ‘Statement of principles’. The proposed revised policy has been published for public consultation and comment. The consultation period will end on 8th January 2016. The draft policy is attached as Appendix 1 and the Town Council has been invited to consider the draft document and offer any comments that we may have on it.

29

Draft

1

APPENDIX 1

Gambling Act 2005

Statement of Principles

2016/19

DRAFT COPY TO BE APPROVED BY FULL COUNCIL

31

Draft

2

Contents Page Part A 1. The licensing objectives 3 2. Introduction 3 3. Declaration 4 4. Responsible Authorities 4 5. Interested parties 5 6. Exchange of information 5 7. Enforcement 6 8. Licensing authority functions 7 Part B - Premises licences 1. General Principles 9 2. Adult Gaming Centres 15 3. (Licensed) Family Entertainment Centres 15 4. Casinos 16 5. Bingo 16 6. Betting premises 17 7.Tracks 17 8. Travelling fairs 18 9. Provisional Statements 19 10. Reviews 19 Part C - Permits / Temporary and Occasional Use Notices

1. Unlicensed Family Entertainment Centre gaming machine permits

21

2. (Alcohol) Licensed premises gaming machine permits 22 3. Prize Gaming Permits 22 4. Club Gaming and Club Machines Permits 23 5. Temporary Use Notices 24 6. Occasional Use Notices 25 7. Small Society Lotteries 25 Part D – Schedule A 26

This Statement of Licensing Principles was approved by Blaby District Council on **********

All references to the Guidance refer to the Gambling Commission's Guidance to Licensing Authorities, 5th Edition, published September 2015.

32

Draft

3

PART A 1. The Licensing Objectives In exercising most of their functions under the Gambling Act 2005, licensing authorities must have regard to the licensing objectives as set out in section 1 of the Act. The licensing objectives are:

• Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime

• Ensuring that gambling is conducted in a fair and open way • Protecting children and other vulnerable persons from being harmed or exploited

by gambling It should be noted that the Gambling Commission has stated: “The requirement in relation to children is explicitly to protect them from being harmed or exploited by gambling”. The Act requires that Blaby District Council should aim to permit the use of premises for gambling in so far as it thinks it:

• 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

2. Introduction Blaby District Council is situated in the County of Leicestershire, which contains 7 District/Borough Councils in total. The Council area has an estimated population of 93,915 (March 2011. Source: UK National Census). The northern most part of the District is predominantly urban in character, whereas the south of the District is more rural in its activities and character. The District of Blaby covers an area of 50 square miles and although not served by one principal town, there are 24 Parishes. A map of the Council area is shown below:

33

Draft

4

The District Council is required by the Gambling Act 2005 to publish a statement of the principles which they propose to apply when exercising their functions. This statement must be published at least every three years. The statement must also be reviewed from “time to time” and any amended parts re-consulted upon. The statement must be then re-published. Blaby District Council consulted widely upon this statement before finalising and publishing. A list of those persons consulted is provided below. It also enabled consultation via its website and sent out copies of the draft policy on request. The Gambling Act requires that the following parties are consulted by licensing authorities:

• The Chief Officer of Police; • One or more persons who appear to the authority to represent the interests of

persons carrying on gambling businesses in the authority’s area; • One or more persons who appear to the authority to represent the interests of

persons who are likely to be affected by the exercise of the authority’s functions under the Gambling Act 2005.

Our consultation took place between 4th December 2015 and 8th January 2016 A list of all those persons consulted is attached at Schedule A. The policy was approved at a meeting of the Full Council on ****** and was published via our website on ******. Copies were made available at the Council Offices in Narborough. Should you have any comments about this policy statement please send them via e-mail or letter to the following contact: The Licensing Section, Blaby District Council, Council Offices, Desford Road, Narborough Leicester or at [email protected] 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. 3. Declaration In producing the final statement, this 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. 4. Responsible Authorities The licensing authority is required by regulations to state the principles it will apply in exercising its powers under Section 157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm. The principles are:

• 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 any particular vested interest group.

In accordance with the suggestion in the Gambling Commission’s Guidance to Licensing Authorities, this authority designates the Local Safeguarding Children Board for this purpose.

34

mailto:[email protected]

Draft

5

The contact details of all the Responsible Authorities under the Gambling Act 2005 are available via the Council’s website at: www.blaby.gov.uk 5. Interested parties Interested parties can make representations about licence applications, or apply for a review of an existing licence. Interested parties are defined in the Gambling Act 2005 as follows: a) lives sufficiently close to the premises to be likely to be affected by the authorised

activities, b) have business interests that might be affected by the authorised activities, or c) represents persons who satisfy paragraph (a) or (b)” The licensing authority is required to state the principles it will apply in determining whether a person is an interested party. The principles are:

• Each case will be decided upon its merits. • This authority will not apply a rigid rule to its decision making. It will consider the

examples of considerations provided in the Gambling Commission’s Guidance to Licensing Authorities at 8.12 to 8.17.

• It will also consider the Gambling Commission's Guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.

Interested parties can be persons who are democratically elected such as councillors and MP’s. No specific evidence of being asked to represent an interested person will be required as long as the councillor / MP represent the ward likely to be affected. Likewise, parish councils likely to be affected will be considered to be interested parties. Other than these however, this authority will generally require written evidence that a person/body (e.g. an advocate / relative) ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities. A letter from one of these persons, requesting the representation is sufficient. If individuals wish to approach councillors to ask them to represent their views then care should be taken that the councillors are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the Licensing Section:

• By telephone – 0116 272 7513/7645 • By email – [email protected] • By post – The Licensing Section, Blaby District Council, Council Offices, Desford

Road, Narborough, Leicestershire LE19 2EP. 6. Exchange of Information Licensing authorities are required to include in their statements the principles to be applied by the authority with respect to the exchange of information with the Gambling Commission, and with those bodies listed in Schedule 6 to the Act. The principle that this licensing authority applies is that it will act in accordance with the provisions of the Gambling Act 2005 in its exchange of information which includes the provision that the Data Protection Act 1998 will not be contravened. The licensing

35


Draft

6

authority will also have regard to any Guidance issued by the Gambling Commission to Licensing Authorities on this matter, as well as any relevant regulations issued by the Secretary of State under the powers provided in the Gambling Act 2005. Should any protocols be established as regards information exchange with other bodies then they will be made available. Blaby District Council requires personal information in order to provide access to services and facilities and to allow the public to participate in activities which form part of the democratic process. The Council will process the information you provide in accordance with the Data Protection Act 1998. The information you provide will only be used for the purposes for which it was collected and the Council will only share information where we are permitted to do so by law. Blaby District Council is subject to the obligations of the Freedom of Information Act 2000. This legislation requires public authorities to disclose certain types of information, subject to a number of exemptions, upon receipt of a written request. Information provided to the Council as part of an application made under the Gambling Act 2005 may be subject to these access provisions. However Blaby District Council will assess any request individually and consult with applicants, where necessary, on any requests made which may potentially disclose information given as part of the application process. It should be noted that the provision of Licences is a public function, and as such some of the information provided as part of the application process must be made available to the public in order to allow fair and proper consultation and objection. We will only hold such information for as long as there is a statutory or legitimate business reason and all information will then be securely destroyed. 7. Enforcement Licensing authorities are required to state the principles they will apply when exercising their functions under Part 15 of the Act with respect to the inspection of premises; and the powers under section 346 of the Act to institute criminal proceedings in respect of the offences specified. This licensing authority’s principles are that: It will be guided by the Gambling Commission’s Guidance to Licensing Authorities and will endeavour to be: • Proportionate: Intervening only when necessary: Ensuring remedies are

appropriate to the risk posed, and costs identified and minimised; • Accountable: Being able to justify decisions, and be subject to public scrutiny; • Consistent: To ensure rules and standards are joined up and implemented fairly; • Transparent: To be open, and keep regulations simple and user friendly; and • Targeted: To 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.

36

Draft

7

This 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, in particular at Part 36 • The principles set out in this statement of licensing policy

This may include test purchasing activities to measure the compliance of licensed operators with aspects of the Gambling Act. When undertaking test purchasing activities, this licensing authority will undertake to liaise with the Gambling Commission and the operator to determine what other, if any, test purchasing schemes may already be in place. Irrespective of the actions of an operator on their overall estate, test purchasing may be deemed to be an appropriate course of action. The main enforcement and compliance role for this 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. Bearing in mind the principle of transparency, this licensing authority’s enforcement/compliance protocols/written agreements are available upon request to the Licensing Section:

• By email – [email protected] • By post – Licensing Section, Blaby District Council, Council Offices, Desford

Road, Narborough, Leicestershire LE19 2EP Our risk methodology is also available upon request. 8. Licensing authority functions Blaby District Council has a duty under the Act to licence premises where gambling is to take place and to licence certain other activities. “Gambling” is defined in the Act as either gaming, betting or taking part in a lottery. Blaby District Council will be responsible for: Licensing authorities are 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

37


Draft

8

• 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 above on ‘information exchange) • Maintain registers of the permits and licences that are issued under these

functions It should be noted that licensing authorities are not be involved in licensing remote gambling. This is regulated by the Gambling Commission via operating licences.

38

Draft

9

PART B PREMISES LICENCES: CONSIDERATION OF APPLICATIONS

1. General Principles Premises licences are subject to the requirements set-out in the Gambling Act 2005 and regulations, as well as specific mandatory and default conditions which are detailed in regulations issued by the Secretary of State. Licensing authorities are able to exclude default conditions and also attach others, where this is considered appropriate. (i) Decision-making This licensing authority is aware that in making decisions about premises licences it should aim to permit the use of premises for gambling in so far as it thinks it:

• 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.

It is appreciated that as per the Gambling Commission's Guidance to Licensing Authorities "moral objections to gambling are not a valid reason to reject applications for premises licences" (except as regards any 'no casino resolution' - see section on Casinos - page 12) and also that unmet demand is not a criterion for a licensing authority. This licensing authority also notes Gambling Commission guidance on ensuring that betting is the primary activity of a licensed premises. Gaming machines may be made available for use in licensed betting premises only at times when there are also sufficient facilities for betting available. Operators will need to demonstrate that betting will continue to be the primary activity of the premise when seeking variations to licenses. In making this determination, this licensing authority will have regard to the six indicators of betting as a primary gambling activity. • The offer of established core products (including live event pictures and bet range) • The provision of information on products and events • The promotion of gambling opportunities and products • The actual use made of betting facilities • The size of premises • The delivery of betting facilities (ii) Definition of “premises” – In the Act, "premises" is defined as including "any place". Section 152 therefore prevents more than one premises licence applying to any place. But a single building could be subject to more than one premises licence, provided they are for different parts of the building and the different parts of the building can be reasonably regarded as being different premises. This approach has been taken to allow large, multiple unit premises such as a pleasure park, pier, track or shopping mall to obtain discrete premises licences, where appropriate safeguards are in place. However, licensing authorities should pay particular attention if there are issues about sub-divisions of a single building or plot and should ensure that mandatory conditions relating to access between premises are observed.

39

Draft

10

The Gambling Commission states in the fifth edition of its Guidance to Licensing Authorities that: “In most cases the expectation is that a single building / plot will be the subject of an application for a licence, for example, 32 High Street. But, that does not mean 32 High Street cannot be the subject of separate premises licences for the basement and ground floor, if they are configured acceptably. Whether different parts of a building can properly be regarded as being separate premises will depend on the circumstances. The location of the premises will clearly be an important consideration and the suitability of the division is likely to be a matter for discussion between the operator and the licensing officer. However, the Commission does not consider that areas of a building that are artificially or temporarily separated, for example by ropes or moveable partitions, can properly be regarded as different premises.” This 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. In particular they should be aware of the following: • The third licensing objective seeks to protect children from being harmed by

gambling. In practice that means not only preventing them from taking part in gambling, but also preventing them from being in close proximity to gambling. Therefore premises should be configured so that children are not invited to participate in, have accidental access to or closely observe gambling where they are prohibited from participating.

• Entrances to and exits from parts of a building covered by one or more premises licences should be separate and identifiable so that the separation of different premises is not compromised and people do not “drift” into a gambling area. In this context it should normally be possible to access the premises without going through another licensed premises or premises with a permit.

• Customers should be able to participate in the activity names on the premises licence.

The Guidance also gives a list of factors which the licensing authority should be aware of, which may include:

• Do the premises have a separate registration for business rates • Is the premises’ neighbouring premises owned by the same person or

someone else? • Can each of the premises be accessed from the street or a public

passageway? • Can the premises only be accessed from any other gambling premises?

This authority will consider these and other relevant factors in making its decision, depending on all the circumstances of the case.

40

Draft

11

The Gambling Commission’s relevant access provisions for each premises type are reproduced below:

Part 7 of the Gambling Commission’s Guidance to Licensing Authorities contains further guidance on this issue, which this authority will also take into account in its decision-making. (iii) Premises “ready for gambling” The Guidance states that 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. If the construction of a premises is not yet complete, or if they need alteration, or if the applicant does not yet have a right to occupy them, then an application for a provisional statement should be made instead. In deciding whether a premises licence can be granted where there are outstanding construction or alteration works at a premises, this authority will determine applications on their merits, applying a two stage consideration process:-

• First, whether the premises ought to be permitted to be used for gambling • Second, whether appropriate conditions can be put in place to cater for

the situation that the premises are not yet in the state in which they ought to be before gambling takes place.

Type of premises

Access provisions

Casinos • the principal entrance to the premises must be from a ‘street’ • no entrance to a casino must be from premises that are used wholly or mainly by children and/or young persons • no customer must be able to enter a casino directly from any other premises which holds a gambling premises licence.

AGCs • no customer must be able to access the premises directly from any other licensed gambling premises.

Betting shops • access must be from a ‘street’ or from other premises with a betting premises licence • no direct access from a betting shop to another premises used for the retail sale of merchandise or services. In effect there cannot be an entrance to a betting shop from a shop of any kind unless that shop is itself a licensed betting premises.

Tracks • no customer must be able to access the premises directly from a casino or AGC

Bingo premises • no customer must be able to access the premises directly from a casino, an AGC or a betting premises, other than a track

FECs • no customer must be able to access the premises directly from a casino, an AGC or a betting premises, other than a track.

41

Draft

12

Applicants should note that this authority is entitled to decide that it is appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence. More detailed examples of the circumstances in which such a licence may be granted can be found at paragraphs 7.58-7.65of the Guidance. (iv) Location - This licensing authority is aware that demand issues cannot be considered with regard to the location of premises but that considerations in terms of the licensing objectives are relevant to its decision-making. As per the Gambling Commission’s Guidance to Licensing Authorities, this authority will pay particular attention to the protection of children and vulnerable persons from being harmed or exploited by gambling, as well as issues of crime and disorder. Should any specific policy be decided upon as regards areas where gambling premises should not be located, this statement will be updated. It should be noted that any such policy does not preclude any application being made and each application will be decided on its merits, with the onus upon the applicant showing how potential concerns can be overcome. (v) Planning: The Gambling Commission Guidance to Licensing Authorities states: 7.58 – In determining applications the licensing authority should not take into consideration matters that are 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. This authority will not take into account irrelevant matters as per the above guidance. In addition this authority notes the following excerpt from the Guidance: 7.65 - When dealing with a premises licence application for finished buildings, the licensing authority should not take into account whether those buildings have or comply with the necessary planning or building consents. Those matters should be dealt with under relevant planning control and building regulation powers, and not form part of the consideration for the premises licence. Section 210 of the 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. (vi) Duplication with other regulatory regimes - This licensing authority seeks to avoid any 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 such 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 buildings consents. Fire or health and safety risks will not be taken into account, as these matters are dealt with under relevant planning control, buildings and other regulations and must not form part of the consideration for the premises licence.

42

Draft

13

Licensing objectives - Premises licences granted must be reasonably consistent with the licensing objectives. With regard to these objectives, this licensing authority has considered the Gambling Commission’s Guidance to Licensing Authorities and some comments are made below. Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime - This licensing authority is aware that the Gambling Commission takes a leading role in preventing gambling from being a source of crime. The Gambling Commission's Guidance does however envisage that licensing authorities should pay attention to the proposed location of gambling premises in terms of this licensing objective. Thus, where an area has known high levels of organised crime this authority will consider carefully whether gambling premises are suitable to be located there and whether conditions may be suitable such as the provision of door supervisors. This 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. Ensuring that gambling is conducted in a fair and open way - This licensing authority has noted that the Gambling Commission states that it generally does not expect licensing authorities to be concerned with ensuring that gambling is conducted in a fair and open way as this will be addressed via operating and personal licences. For Local Authorities with tracks: There is however, more of a role with regard to tracks which is explained in more detail in the 'tracks' section– see page 14). Protecting children and other vulnerable persons from being harmed or exploited by gambling - This licensing authority has noted the Gambling Commission's Guidance that this objective means preventing children from taking part in gambling (as well as restriction of advertising so that gambling products are not aimed at or are, particularly attractive to children). The licensing authority will therefore consider, as suggested in the Gambling Commission's Guidance, whether specific measures are required at particular premises, with regard to this licensing objective. Appropriate measures may include supervision of entrances / machines, segregation of areas etc. This licensing authority is also aware of the Gambling Commission Codes of Practice as regards this licensing objective, in relation to specific premises. As regards the term “vulnerable persons” it is noted that the Gambling Commission does not seek to offer a definition but states that “it will for regulatory purposes assume that this group includes people who gamble more than they want to; people who gambling beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a mental impairment, alcohol or drugs.” This licensing authority will consider this licensing objective on a case by case basis. Conditions - 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.

43

Draft

14

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 way 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. These considerations will apply to premises including buildings where multiple premises licences are applicable. 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. 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.

44

Draft

15

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. Sharing Local Risk Assessments Under the Gambling Commissions revised Licence Condition Codes of Practice which will come into force in April 2016 section 10.1.2 states Licensees should share their risk assessment with licensing authorities when applying for a premises licence or applying for a variation to existing licensed premises, or otherwise on request. 2. Adult Gaming Centres This 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. This licensing authority may consider measures to meet the licensing objectives such as: • CCTV • Proof of age schemes • 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. 3. (Licensed) Family Entertainment Centres: This 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. This licensing authority may consider measures to meet the licensing objectives such as: • 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.

45

Draft

16

• Measures / training for staff on how to deal with suspected truant school children on the premises

This list is not mandatory, nor exhaustive, and is merely indicative of example measures. This licensing authority will, as per the Gambling Commission’s guidance, refer to the Commission’s website to see any conditions that apply to operating licences covering the way in which the area containing the category C machines should be delineated. This licensing authority will also make itself aware of any mandatory or default conditions on these premises licences, when they have been published. 4. Casinos No Casinos resolution - This licensing authority has not passed a ‘no casino’ resolution under Section 166 of the Gambling Act 2005, but is aware that it has the power to do so. Should this licensing authority decide in the future to pass such a resolution, it will update this policy statement with details of that resolution. Any such decision will be made by the Full Council. Licence considerations/conditions – This licensing authority will attach conditions to casino premises licences in line with and according to the principles set out in the Gambling Commissions Guidance, taking into account the conditions listed in the Guidance and the Licence Conditions and Code of Practice (LCCP) published by the Commission. The licensing authority will also comply with the Code of Practice issued by the Secretary of State which gives the procedures to be followed when making determinations at both stage on and two and the matters which the licensing authority are to take into account when making determinations. Betting machines - This licensing authority will, 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. 5. Bingo premises This licensing authority notes that the Gambling Commission’s Guidance states: Licensing authorities will need to satisfy themselves that bingo can be played in any bingo premises for which they issue a premises licence. This will be a relevant consideration if an operator chooses to vary their licence to exclude previously licensed areas and then applies for a new premises licence, or multiple new licences with the aim of creating separate premises in that area. Before issuing additional bingo premises licences, licensing authorities need to consider whether bingo can be played at each of those new premises. Section 172(7) provides that the holder of bingo premises licence may make available for use a number of category B gaming machines not exceeding 20% of the total number of gaming machines which are available for use on the premises.. Children and young people are allowed into bingo premises; however they are not permitted to participate in the bingo and if category B or C machines are made available for use these must be separated from areas where children and young people are allowed. Social Responsibility (SR) code 3.2.5(3) states that “licensees must ensure that their policies and procedures take account of the structure and layout of their gambling

46

Draft

17

premises’ in order to prevent underage gambling. 6. Betting Premises Self-Service Betting Terminals - This licensing authority will, as per the Gambling Commission's Guidance, consider whether to impose a condition to restrict the number of SSBTs at a particular premises and will take into account amongst other things the ability of employees to monitor the use of machines by children and young or vulnerable people. 7. Tracks 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 especially consider the impact upon the third licensing objective (i.e. the protection of children and vulnerable persons from being harmed or exploited by gambling) 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. 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 for 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 Part 6 of 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. Applications and plans The Gambling Act (s51) requires applicants to submit plans of the premises with their application, in order to ensure that the licensing authority has the necessary information

47

Draft

18

to make an informed judgement about whether the premises are fit for gambling. The plan will also be used for the licensing authority to plan future premises inspection activity. Plans for tracks do not need to be in a particular scale, but should be drawn to scale and should be sufficiently detailed to include the information required by regulations. This authority appreciates that it is sometimes difficult to define the precise location of betting areas on tracks. The precise location of where betting facilities are provided is not required to be shown on track plans, both by virtue of the fact that betting is permitted anywhere on the premises and because of the difficulties associated with pinpointing exact locations for some types of track. Applicants should provide sufficient information that this authority can satisfy itself that the plan indicates the main areas where betting might take place. 8. Travelling Fairs This licensing authority is responsible for deciding 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 is noted that the 27-day statutory maximum for the land being used as a fair applies on a per calendar year basis, 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. This licensing authority will work with its neighbouring authorities to ensure that land which crosses our boundaries is monitored so that the statutory limits are not exceeded. 9. Provisional Statements Developers may wish to apply to this authority for provisional statements before entering into a contract to buy or lease property or land to judge whether a development is worth taking forward in light of the need to obtain a premises licence. There is no need for the applicant to hold an operating licence in order to apply for a provisional statement. S204 of the Gambling Act provides for a person to make an application to the licensing authority for a provisional statement in respect of premises that he or she: - expects to be constructed; -expects to be altered; or -expects to acquire a right to occupy. The process for considering an application for a provisional statement is the same as that for a premises licence application. The applicant is obliged to give notice of the application in the same way as applying for a premises licence. Responsible authorities and interested parties may make representations and there are rights of appeal. In contrast to the premises licence application, the applicant does not have to hold or have applied for an operating licence from the Gambling Commission (except in the case of a track) and they do not have to have a right to occupy the premises in respect of which their provisional application is made.

48

Draft

19

When making its decision on an application for a provisional statement this licensing authority will take into account S.210 of the Act which applies to provisional statements, and makes it clear that a licensing authority must not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with planning or building law. The holder of a provisional statement may then apply for a premises licence once the premises are constructed, altered or acquired. The licensing authority will be constrained in the matters it can consider when determining the premises licence application, and in terms of representations about premises licence applications that follow the grant of a provisional statement, no further representations from relevant authorities or interested parties can be taken into account unless:

• they concern matters which could not have been addressed at the provisional statement stage, or

• they reflect a change in the applicant’s circumstances. In addition, the authority may refuse the premises licence (or grant it on terms different to those attached to the provisional statement) only by reference to matters:

• which could not have been raised by objectors at the provisional statement stage;

• which in the authority’s opinion reflect a change in the operator’s circumstances; or

• where the premises have not been constructed in accordance with the plan submitted with the application. This must be a substantial change to the plan and this licensing authority notes that it can discuss any concerns it has with the applicant before making a decision.

10. Reviews: Requests for a review of a premises licence can be made by interested parties or responsible authorities; however, 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 principles.

The request for the review will also be subject to the consideration by the authority as to whether the request is frivolous, vexatious, or whether it will certainly not cause this authority to wish to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or requests for review. 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 is appropriate. Once a valid application for a review has been received by the licensing authority, representations can be made by responsible authorities and interested parties during a 28 day period. This period begins 7 days after the application was received by the licensing authority, who will publish notice of the application within 7 days of receipt.

49

Draft

20

The licensing authority must carry out the review as soon as possible after the 28 day period for making representations has passed. The purpose of the review will be to determine whether the licensing authority should take any action in relation to the licence. If action is justified, the options open to the licensing authority are:-

(a) add, remove or amend a licence condition imposed by the licensing authority; (b) exclude a default condition imposed by the Secretary of State or Scottish

Ministers (e.g. opening hours) or remove or amend such an exclusion; (c) suspend the premises licence for a period not exceeding three months; and (d) revoke the premises licence.

In determining what action, if any, should be taken following a review, the licensing authority must have regard to the principles set out in section 153 of the Act, as well as any relevant representations. 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. Once the review has been completed, the licensing authority must, as soon as possible, notify its decision to:

- the licence holder - the applicant for review (if any) - the Commission - any person who made representations - the chief officer of police or chief constable; and - HM Revenue and Customs

50

Draft

21

PART C Permits / Temporary & Occasional Use Notice

1. Unlicensed Family Entertainment Centre gaming machine permits (Statement of Principles on Permits - Schedule 10 paragraph 7) Where a premises is not licensed, but the applicant wishes to provide gaming machines, they may apply to the licensing authority for this permit. It should be noted that the applicant must show that the premises will be wholly or mainly used for making gaming machines available for use (Section 238). The Gambling Act 2005 states that a licensing authority may prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications, it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Commission under section 25 Guidance states: “...An application for a permit may be granted only if the licensing authority is satisfied that the premises will be used as an unlicensed FEC, and if the chief officer of police has been consulted on the application....Licensing authorities might wish to consider asking applications to 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 employees are trained to have a full understanding of the maximum stakes and

prizes. (24.9) It should be noted that a licensing authority cannot attach conditions to this type of permit. Statement of Principles The principles that Blaby District Council has adopted requires 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

• DBS checks for Staff • A policy on the suitability of staff, taking into account convictions for, violence,

dishonesty, sexual offences • appropriate training for staff and measures in place with regards to suspected

truant school children on the premises • training of staff to ensure full understanding of the maximum stakes and prizes. • measures and training covering how staff would deal with unsupervised very

young children on the premises and children causing perceived problems on or around the premises.

In addition to the above, the Council will also expect that: • applicants demonstrate a full understanding of the maximum stakes and prizes of

the gambling that is permissible in unlicensed FECs • the applicant has no relevant convictions (these are set out in Schedule 7 of the

Act).

51

Draft

22

2. (Alcohol) Licensed premises gaming machine permits - (Schedule 13 paragraph 4(1)) Automatic Entitlement: 2 machines There is provision in the Act for premises licensed to sell alcohol for consumption on the premises to automatically have 2 gaming machines, of categories C and/or D. The premises merely need to notify the licensing authority and pay the prescribed fee. The licensing authority can remove the automatic authorisation in respect of any particular premises if: • provision of the machines is not reasonably consistent with the pursuit of the

licensing objectives; • gaming has taken place on the premises that breaches a condition of section 282 of

the Gambling Act for example the gaming machines have been made available in a way that does not comply with requirements on the location and operation of gaming machines

• the premises are mainly used for gaming; or • an offence under the Gambling Act has been committed on the premises. Permit: 3 or more machines If a premises wishes to have more than 2 machines, then it needs to apply for a permit and the licensing authority must consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission issued under Section 25 of the Gambling Act 2005, and “such matters as they think relevant.” This licensing authority considers that “such matters” will be decided on a case by case basis but generally there will be regard to the need to protect children and vulnerable persons from harmed or being exploited by gambling and will expect the applicant to satisfy the authority that there will be sufficient measures to ensure that under 18 year olds do not have access to the adult only gaming machines. Measures which will satisfy the authority that there will be no access may include the adult machines being in sight of the bar, or in the sight of staff, who will monitor that the machines are not being used by those under 18. Notices and signage may also be of help. As regards the protection of vulnerable persons, applicants may wish to consider the provision of information 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. Any such application would most likely need to be applied for, and dealt with as an Adult Gaming Centre premises licence. It should be noted that the licensing authority can decide to grant the application with a smaller number of machines and/or a different category of machines than that applied for. Conditions (other than these) cannot be attached. It should also be noted that the holder of a permit must comply with any Code of Practice issued by the Gambling Commission about the location and operation of the machine. 3. Prize Gaming Permits The Gambling Act 2005 states that a licensing authority may “prepare a statement of principles that they propose to consider in determining the suitability of an applicant for a permit and in preparing this statement, and/or considering applications it need not (but may) have regard to the licensing objectives and shall have regard to any relevant guidance issued by the Gambling Commission.

52

Draft

23

The principles that Blaby District Council has adopted require the applicant to show that:

• the applicant should set out the types of gaming that he or she is intending to offer

• the applicant should be able to demonstrate that they: o they understand the limits to stakes and prizes that are set out in

Regulations; and o the gaming offered is within the law

• clear policies that outline the steps to be taken to protect children & vulnerable people

• the applicant has no relevant convictions (those that are set out in Schedule 7 of the Act)

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. Club Gaming and Club Machines Permits Members Clubs and Miners’ welfare institutes (but not Commercial Clubs) may apply for a Club Gaming Permit. The Club Gaming Permit will enable the premises to provide gaming machines (3 machines of categories B, C or D), equal chance gaming and games of chance as set-out in forthcoming regulations. Members Clubs and Miner’s welfare institutes – and also Commercial Clubs – may apply for a Club Machine Permit. A Club Machine permit will enable the premises to provide gaming machines (3 machines of categories B, C or D). NB Commercial Clubs may only site category B4 - D gaming machines in their club. This licensing authority notes that the Gambling Commission’s Guidance states: The LA has to satisfy itself that the club meets the requirements of the Act to obtain a club gaming permit. In doing so it will take account a number of matters as outlined in sections 25.45-25.47 of the Gambling Commission’s Guidance. These include the constitution of the club, the frequency of gaming, and ensuring that there are more than 25 members. The club must be conducted ‘wholly or mainly’ for purposes other than gaming, unless the gaming is permitted by separate regulations. The Secretary of State has made regulations and these cover bridge and whist clubs. The Commission Guidance also notes that "licensing authorities may only refuse an application on the grounds that: (a) the applicant does not fulfil the requirements for a members’ or commercial club or

53

Draft

24

miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied;

(b) the applicant’s premises are used wholly or mainly by children and/or young persons;

(c) an offence under the Act or a breach of a permit has been committed by the applicant while providing gaming facilities;

(d) a permit held by the applicant has been cancelled in the previous ten years; or (e) an objection has been lodged by the Commission or the police. There is also a ‘fast-track’ procedure available under the Act for premises which who hold a Club Premises Certificate under the Licensing Act 2003 (Schedule 12 paragraph 10). Commercial clubs cannot hold club premises certificates under the Licensing Act 2003 and so cannot use the fast-track procedure. As the Gambling Commission’s Guidance to Licensing Authorities states: "However, the Commission (and the police), may not object to the application and the licensing authority is, in fact, obliged to grant the application. However care should be taken that the emphasis of the club is not being changed. The grounds on which an application under the process may be refused are: (a) that the club is established primarily for gaming, other than gaming prescribed by regulations under s.266 of the Act (b) in addition to the prescribed gaming, the applicant provides facilities for other

gaming; (c) a club gaming permit or club machine permit issued to the applicant in the last ten

years has been cancelled." There are statutory conditions on club gaming permits that no child uses a category B or C machine on the premises and that the holder complies with any relevant provision of a code of practice about the location and operation of gaming machines. 5. 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. The licensing authority can only grant a Temporary Use Notice to a person or company holding a relevant operating licence, i.e. a non-remote casino operating licence. The Secretary of State has the power to determine what form of gambling can be authorised by Temporary Use Notices, and at the time of writing this Statement the relevant regulations (SI no 3157: The Gambling Act 2005 (Temporary Use Notices) Regulations 2007) state that Temporary Use Notices can only be used to permit the provision of facilities or equal chance gaming, where the gaming is intended to produce a single winner, which in practice means poker tournaments. There are a number of statutory limits as regards Temporary Use Notices. The meaning of "premises" in Part 8 of the Act is discussed in Part 7 of the Gambling Commission Guidance to Licensing Authorities. As with "premises", the definition of "a set of premises" will be a question of fact in the particular circumstances of each notice that is given. In the Act "premises" is defined as including "any place". In considering whether a place falls within the definition of "a set of premises", the

54

Draft

25

licensing authority needs to look at, amongst other things, the ownership/occupation and control of the premises. This 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. 6. Occasional Use Notices: The licensing authority has very little discretion as regards these notices aside from ensuring that the statutory limit of 8 days in a calendar year is not exceeded. This licensing authority will though consider the definition of a ‘track’ and whether the applicant is permitted to avail him/herself of the notice. This licensing authority will also ensure that no more than 8 OUNs are issued in one calendar year in respect of any venue. 7. Small Society Lotteries This licensing authority will adopt a risk based approach towards its enforcement responsibilities for small society lotteries. This authority considers that the following list, although not exclusive, could affect the risk status of the operator: • submission of late returns (returns must be submitted no later than three months

after the date on which the lottery draw was held) • submission of incomplete or incorrect returns • breaches of the limits for small society lotteries Non-commercial gaming is permitted if it takes place at a non-commercial event, either as an incidental or principal activity at the event. Events are non-commercial if no part of the proceeds is for private profit or gain. The proceeds of such events may benefit 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. Charities and community groups should contact this licensing authority to seek further advice.

• By email – [email protected] • By post – Licensing Section, Blaby District Council, Council Offices, Desford

Road, Narborough, Leicestershire LE19 2EP

55


Draft

26

PART D Schedule A A List of the Persons/Bodies Consulted; • Association of British Bookmakers (ABB) • Bingo Association • Blaby District Parish Councils • British Amusement Catering Trade Association (BACTA) • British Beer & Pub Association • British Casino Association • British Horse Racing Board • Club and Institute Union • Departments (including Responsible Authorities) within the Council with an interest in

the licensing of gambling. • GamCare Ltd • Gamblers Anonymous • Holders of Premises Licences under the Gambling Act 2005 in Blaby District. • HM Revenue & Customs • Leicestershire Constabulary • Leicestershire County Council - Social Services • Leicestershire County Council – Trading Standards Service • Leicestershire Fire & Rescue Service • Licensed Victuallers Association • Local Councillors • Lotteries Commission • Responsibility in Gambling Trust (RIGT) • The Gambling Commission

56

Financial Budget ComparisonComparison between 01/04/15 and 30/11/15 inclusive. Includes due and unpaid transactions. Excludes transactions with an invoice date prior to 01/04/15

Actual Net2015/2016 Balance

Planning & Environment

Income

1 Misc / Poop Scoop (standard VAT)1/1 £19.17Misc £0.00 £19.171/2 £837.34Poop Scoop £1,600.00 -£762.66

1 £1,600.00 £856.51 -£743.49Total

£856.51£1,600.00 -£743.49Total Income

Expenditure

500 £100.00Professional Fees £250.00 £150.00501 Dog Waste Collection / Poop Scoops501/1 £4,844.97Dog Waste Collection £8,000.00 £3,155.03501/2 £1,032.00Poop Scoop Bags £1,600.00 £568.00

501 £9,600.00 £5,876.97 £3,723.03Total

502 £0.00Misc / grit bins £200.00 £200.00509 £0.00Notice Boards/Street Seats £250.00 £250.00

£5,976.97£10,300.00 £4,323.03Total Expenditure

Page 6 of 1309/12/15 11:33 AM Vs: 7.17 Braunstone Town Council

Item 15

57



£662,746.28Total Income £746,399.00

£491,631.40Total Expenditure £746,399.00

£171,114.88Total Net Balance £0.00

Page 13 of 1309/12/15 11:36 AM Vs: 7.17 Braunstone Town Council58


COMMUNITY DEVELOPMENT COMMITTEE – 17th DECEMBER 2015

Item 16 – Capital Plan and Budget Estimates

Purpose

To consider a Statement of Expenditure for 1st April 2014 to 31st March 2015, a list of capital projects for 2016/2017 and beyond and a proposed budget for 2016/2017 for recommendation to Policy & Resources Committee.

Background

Policy and Resources Committee on 1st October 2015 and Council on 5th November 2015 approved the Council’s Medium to Long Term Priorities and Financial Planning, which sets the framework for planning the budget estimates and setting of the precept.

As part of this process each Committee recommends to Policy and Resources Committee a proposed budget. To assist the Committee, the budget outturn for 2014/2015 is attached at Appendix 1. A proposed budget for Planning and Environment’s Service Areas is attached at Appendix 2.

Capital Plan

The current Capital Plan, approved by Council on 29th January 2015, does not contain any items under Planning and Environment service areas. There have been no recommendations by officers or the Committee during the current financial year for new items to be included.

Recommendation

That it be recommended to Council that the draft Estimates for the Plans and Environment Committee, as attached at Appendix 2, be included in the Budget Estimates for 2016/2017.

Reason

To ensure appropriate resources for Planning and Environment Services.

159



Planning & Environment

Income

1 Misc / Poop Scoop (standard VAT)1/1 £0.00Misc £0.00 £0.001/2 £1,500.01Poop Scoop £1,000.00 £500.01

1 £1,000.00 £1,500.01 £500.01Total

£1,500.01£1,000.00 £500.01Total Income

Expenditure

500 £0.00Professional Fees £250.00 £250.00501 Dog Waste Collection / Poop Scoops501/1 £1,567.41Dog Waste Collection £8,000.00 £6,432.59501/2 £1,481.40Poop Scoop Bags £1,000.00 -£481.40

501 £9,000.00 £3,048.81 £5,951.19Total

502 £0.00Misc / grit bins £0.00 £0.00509 £0.00Notice Boards/Street Seats £250.00 £250.00

£3,048.81£9,500.00 £6,451.19Total Expenditure

Page 5 of 1101/05/15 03:23 PM Vs: 7.07 Braunstone Town Council

Appendix 1

361



£768,637.63Total Income £767,441.20

£713,094.29Total Expenditure £770,120.20

£55,543.34Total Net Balance -£2,679.00

Page 11 of 1101/05/15 03:24 PM Vs: 7.07 Braunstone Town Council 462

BRAUNSTONE TOWN COUNCILPLANS & ENVIRONMENT COMMITTEE

DRAFT ESTIMATES 2016/2017

KEY EXPENDITUREManagement & Administration Apportioned to services as follows:-Planning & Environment (3%) 12,535.35

1.(s222) Professional Fees 250.008.(ss5&6) Dog Waste Collection 5,000.008.(ss5&6) Poop Scoops (0.86p per packet) 1,600.002.(ss2&3) Notice Boards / Street Seats 250.0013 Grit Bins 200.00

TOTAL EXPENDITURE 19,835.35

KEY INCOMESale of poop scoops (£1.00p per packet) 1,600.00

TOTAL INCOME 1,600.00NET REQUIREMENT 18,235.35

5

Appendix 2

63

public inspection of plans and participation...2015/12/17 · 3. public participation members of...

Documents