report to licensing committee 16 march 2016 · example the ealing southall betwatch scheme and...

Report to Licensing Committee 16 March 2016

Subject: Approval Stage 1 to Statement of Principles under the Gambling Act 2005 following consultation

Status: Routine Matter for Decision

Report ref:

Ward(s): All

Key Decision: No

Key Decision / Ref:

Report of: Head of Street Scene, Parks and Regulatory Services

Contact officer: Mrs L Cannon 01256 845296, or ext 2296 or email [email protected]

Appendices:

Appendix 1- Consultation response from Gosschalks Solicitors

Appendix 2 – Consultation response from Corals Bookmakers

Appendix 3 - Amended Policy for approval

Papers relied on to produce this report:

1 Executive Summary

1.1 The Council’s Statement of Principles for Gambling (also known as the Gambling Policy) expired on 30 January 2016. The Gambling Act 2005 (the Act) requires the Licensing Authority to prepare and publish a new three year Statement of Licensing Principles which is due to be effective from the 31 January 2016.

1.2 It was proposed and approved at the November 2015 Licensing Committee that the Licensing Authority adopt a two staged approach to the review and publication of its Statement of Principles (SOP). Stage 1 was the reproduction of the current Statement with minor amendments and updates. Stage 2 will be a complete revision of the SOP which will give guidance to applicants and licence holders on the requirements for a Local Area Profile to be included on new and variation applications.

1.3 The consultation period for the revised stage 1 SOP has ended and the content of the responses received has been incorporated where appropriate into the SOP and this is attached at Appendix 3.

1.4 The approval of this Stage 1 SOP will enable the Council to work towards implementing the next three year SOP and meet the statutory requirements of the Act.

2 Recommendation

2.1 It is recommended that the Licensing Committee approve the attached stage 1 Statement of Licensing Principles (appendix 3) to be referred to full Council for adoption.

PRIORITIES, IMPACTS AND RISKS

Contribution to Council Priorities

This report accords with the council’s Budget and Policy Framework and directly supports the Council Plan priority/priorities of improving economic vitality, increasing skills and employment, getting connected, creating neighbourhoods where people feel safe and want to live, maintaining a reputation for quality arts and leisure.

GLOSSARY OF TERMS

Term Definition

SOP Statement of Principles

LAP Local Area Profile – An assessment of the local area which maps out the key characteristics of that area that affect the risk assessment of a licensed gambling premises for example proximity to sensitive premises, or local crime statistics.

MAIN CONSIDERATIONS

3 The Proposal

3.1 The Borough Council as the Licensing Authority must prepare and publish a new Statement of Licensing Principles (SOP) for Gambling every three years under the requirements of section 349 of the Act. The current SOP expired on the 30th January 2016.

3.2 The SOP has been consulted on and 2 responses were received within the consultation period. These are attached at Appendix 1 and 2. The Response at Appendix 1 refers largely to Local Area profiling and risks assessments. As these matters will be considered at Stage 2, these comments will be considered at that time. Other relevant comments within that response have been noted and the SOP amended accordingly. Appendix 1 has been marked to show which comments have been agreed and added to the SOP.

3.3 Appendix 2 relates mainly to concerns at the inclusion of proposed licensed premises proximity to schools. At this stage the reference to schools has been retained as there is an argument that they could be considered sensitive.

3.4 The relevant comments have been noted and included within the revised SOP at Appendix 3. Those included comments have been marked on the appendix for ease of reference.

3.5 The stage 2 review of this SOP as referred to at the Licensing Committee in November will be a further revision of the SOP to include information of Local Area Profiling (LAP) within the Borough. The LAP will assist future applicants in completing a required risk assessment when applying for a premises licence. The LAP included within the stage 2 SAP will provide advice and information on potentially vulnerable activities or premises, location of potentially sensitive premises crime statistics and other relevant information in

respect of the risks associated with Gambling. This revised SOP will be subject to a separate public consultation over a longer period.

3.6 Following the stage 2 consultation the final draft will be returned to the Licensing Committee in July 2016 and progress on to Full Council for adoption.

4 Options Analysis

4.1 Section 349(1) requires the Licensing Authority to prepare and publish a Statement of Principles every three years. Within the proposed staged approach this revised SOP would exceed the deadline of 30 January 2016 by approximately 2 months.

4.2 Section 349(2) requires the Licensing Authority to review its SOP under this section from time to time if it is deemed necessary in light of a review to revise the Statement and publish any revision before giving it effect. It is proposed that the stage 2 revision will be undertaken under this sub-section.

5 Corporate Implications

5.1 Financial Implications

5.1.1 There are no significant financial implications arising from this report

5.2 Risk Issues

5.3 Stage 1 of the revised policy should be effective from after Full Council on 31 March 2016 to enable the Authority to continue to carry out its functions. However, due to the low number of applications received under the Gambling Act 2005 the risk of any legal challenge is considered very small and the current policy will be able to be referred to should any applications arise during that short period. The risk is similar in respect of the final approval of the 2nd stage review to include the LAP. This has been unavoidable due to awaiting the release of the Gambling Commission’s guidance on the LAP.

5.4 HR Issues

5.4.1 None

5.5 Equalities

5.5.1 The minor changes to this policy as detailed at have been assessed and those changes are considered not to impact on any of the protected characteristics.

5.6 Legal Implications

5.6.1 These are largely covered in the report. The main issue is the gap between the old Statement of Principles expiring and the new one starting but this is covered in the Risk section. The chances of any issues occurring are considered small but it will be best to minimise the length of the gap as much as possible.

5.7 Any Other Implications

5.7.1 NONE

6 Comment from Portfolio Holder

6.1 None

7 Communication and Consultation

7.1 This SOP was consulted on between 6 November 2015 and 11 December 2015. The two responses, provided in Appendix 1 and 2, have been considered and taken into account where appropriate in producing the revised SOP.

8 Conclusion

8.1 The approval of the stage 1 SOP will ensure that the Licensing Authority continues to meet its obligation under section 349(1) of the Gambling Act 2005.

Gambling Act 2005 Policy Statement ConsultationLetter to

Dear Sir/Madam,

Re: Gambling Act 2005 Policy Statement Consultation

We act for the Association of British Bookmakers (ABB) and have received instructions to respondon behalf of our client to the current consultation on the Council’s review of its gambling policystatement.

The ABB represents over 80% of the high street betting market. Its members include large nationaloperators such as William Hill, Ladbrokes, Coral and Paddy Power, as well as almost 100 smallerindependent bookmakers.

This response will explain the ABB approach to partnership working with local authorities, it willdetail its views on the implementation of the new LCCP requirements, from April 2016, relating tooperators’ local area risk assessments and their impact on the licensing regime and will then makespecific comment with regard to any statement(s) of concern/that are welcomed in your draftpolicy.

The ABB is concerned to ensure that any changes are not implemented in such a way as tofundamentally change the premises licence regime through undermining the “aim to permit”principle contained within s153 Gambling Act 2005.

The current regime already adequately offers key protections for communities and alreadyprovides a clear process (including putting the public on notice) for representations/objections topremises licence applications. The recent planning law changes effective since April 2015 have alsoalready increased the ability of local authorities to consider applications for new premises, as allnew betting shops must now apply for planning permission.

It is important that any consideration of the draft policy and its implementation at a local level isput into context. There has recently been press coverage suggesting that there has been aproliferation of betting offices and a rise in problem gambling rates. This is factually incorrect.

Basingstoke and Deane Borough CouncilShared Licensing Services TeamCivic OfficeLondon RoadBasingstokeHantsRG21 4AH

Please ask for:

Email:

Our ref: RJT / LHK / 097505.00004#GS489089

Your ref:

Date: 24 November 2015

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Over recent years betting shop numbers have been relatively stable at around 9,000 nationally, butmore recently a trend of overall downwards decline can be seen. The latest Gambling Commissionindustry statistics show that numbers as at 31 Mar 2015 were 8,958 - a decline of 179 from theprevious year, when there were 9,137 recorded as at 31 March 2014.

As far as problem gambling is concerned, successive prevalence surveys and health surveys revealthat problem gambling rates in the UK are stable (0.6%) and possibly falling.

Working in partnership with local authorities

The ABB is fully committed to ensuring constructive working relationships exist between bettingoperators and licensing authorities, and that where problems may arise that they can be dealt within partnership. The exchange of clear information between councils and betting operators is a keypart of this and we welcome the opportunity to respond to this consultation.

There are a number of examples of the ABB working closely and successfully in partnership withlocal authorities.

LGA – ABB Betting Partnership Framework

In January 2015 the ABB signed a partnership agreement with the Local Government Association(LGA). This was developed over a period of months by a specially formed Betting Commissionconsisting of councillors and betting shop firms and established a framework designed toencourage more joint working between councils and the industry.

Launching the document Cllr Tony Page, LGA Licensing spokesman, said it demonstrated the“…desire on both sides to increase joint-working in order to try and use existing powers to tacklelocal concerns, whatever they might be.”

The framework built on earlier examples of joint working between councils and the industry, forexample the Ealing Southall Betwatch scheme and Medway Responsible Gambling Partnership.

In Ealing, the Southall Betwatch was set up to address concerns about crime and disorder linked tobetting shops in the borough. As a result, crime within gambling premises reduced by 50 per centalongside falls in public order and criminal damage offences.

In December last year, the Medway Responsible Gambling Partnership was launched by MedwayCouncil and the ABB. The first of its kind in Britain, the voluntary agreement allows anyone who isconcerned they are developing a problem with their gambling to exclude themselves from allbetting shops in the area.

The initiative also saw the industry working together with representatives of Kent Police and withthe Medway Community Safety Partnership to develop a Reporting of Crime Protocol that ishelpful in informing both the industry, police and other interested parties about levels of crime andthe best way to deal with any crime in a way that is proportionate and effective.

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Lessons learnt from the initial self-exclusion trial in Medway have been incorporated into a secondtrial in Glasgow city centre, launched in July this year with the support of Glasgow City Council,which it is hoped will form the basis of a national scheme to be rolled out in time for the LCCPdeadline for such a scheme by April 2016.

Jane Chitty, Medway Council’s Portfolio Holder for Planning, Economic Growth & Regulation, said:“The Council has implemented measures that work at a local level but I am pleased to note that thejoint work we are doing here in Medway is going to help the development of a national scheme.”

Describing the project, Glasgow’s City Treasurer and Chairman of a cross-party Sounding Board ongambling, Cllr Paul Rooney said:“This project breaks new ground in terms of the industry sharing information, both betweenoperators and, crucially, with their regulator.”

Primary Authority Partnerships in place between the ABB and local authorities

All major operators, and the ABB on behalf of independent members, have also establishedPrimary Authority Partnerships with local authorities.

These Partnerships help provide a consistent approach to regulation by local authorities, within theareas covered by the Partnership; such as age-verification or health and safety. We believe thislevel of consistency is beneficial both for local authorities and for operators.

For instance, Primary Authority Partnerships between Milton Keynes Council and Reading Counciland their respective partners, Ladbrokes and Paddy Power, led to the first Primary Authorityinspection plans for gambling coming into effect in January 2015.

By creating largely uniform plans, and requiring enforcing officers to inform the relevant PrimaryAuthority before conducting a proactive test-purchase, and provide feedback afterwards, the planshave been able to bring consistency to proactive test-purchasing whilst allowing the PrimaryAuthorities to help the businesses prevent underage gambling on their premises.

Local area risk assessments

With effect from 6th April 2016, under new Gambling Commission LCCP provisions, operators arerequired to complete local area risk assessments identifying any risks posed to the licensingobjectives and how these would be mitigated.

Licensees must take into account relevant matters identified in the licensing authority’s statementof licensing policy and local area profile in their risk assessment, and these must be reviewedwhere there are significant local changes or changes to the premises, or when applying for avariation to or a new premises licence.

The ABB is concerned that overly onerous requirements on operators to review their local riskassessments with unnecessary frequency could be damaging. As set out in the LCCP a review

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should only be required in response to significant local or premises change. In the ABB’s view thisshould be where evidence can be provided to demonstrate that the change could impact thepremises’ ability to uphold the three licensing objectives.

Although ABB members will be implementing risk assessment at a local premises level, we do notbelieve that it is for the licensing authority to prescribe the form of that risk assessment. Webelieve that to do so would be against better regulation principles. Instead operators should beallowed to gear their risk assessments to their own operational processes informed by Statementsof Principles and the local area profile.

The ABB supports the requirement as set out in the LCCP, as this will help sustain a transparent andopen dialogue between operators and councils. The ABB is also committed to working pro-activelywith local authorities to help drive the development of best practice in this area.

Local Area Profiles – Need for an evidence based approach

It is important that any risks identified in the local area profile are supported by substantiveevidence. Where risks are unsubstantiated there is a danger that the regulatory burden will bedisproportionate. This may be the case where local authorities include perceived rather thanevidenced risks in their local area profiles.

This would distort the “aim to permit” principle set out in the Gambling Act 2005 by moving theburden of proof onto operators. Under the Act, it is incumbent on licensing authorities to provideevidence as to any risks to the licensing objectives, and not on the operator to provide evidence asto how they may mitigate any potential risk.

A reversal of this would represent a significant increase in the resource required for operators tobe compliant whilst failing to offer a clear route by which improvements in protections againstgambling related harm can be made.

We would also request that where a local area profile is produced by the licensing authority thatthis be made clearly available within the body of the licensing policy statement, where it will beeasily accessible by the operator and also available for consultation whenever the policy statementis reviewed.

Concerns around increases in the regulatory burden on operators

Any increase in the regulatory burden would severely impact on our members at a time whenoverall shop numbers are in decline, and operators are continuing to respond to and absorbsignificant recent regulatory change. This includes the increase to 25% of MGD, changes to stakingover £50 on gaming machines, and planning use class changes which require all new betting shopsin England to apply for planning permission.

Moving away from an evidence based approach would lead to substantial variation betweenlicensing authorities and increase regulatory compliance costs for our members. This is ofparticular concern for smaller operators, who do not have the same resources to be able to put

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into monitoring differences across all licensing authorities and whose businesses are less able toabsorb increases in costs, putting them at risk of closure.

Such variation would in our opinion also weaken the overall standard of regulation at a local levelby preventing the easy development of standard or best practice across different local authorities.

Employing additional licence conditions

The ABB believes that additional conditions should only be imposed in exceptional circumstanceswhere there are clear reasons for doing so - in light of the fact that there are already mandatoryand default conditions attached to any premises licence. The ABB is concerned that the impositionof additional licensing conditions could become commonplace if there are no clear requirements inthe revised licensing policy statements as to the need for evidence.

This would further increase variation across licensing authorities and create uncertainty amongstoperators as to licensing requirements, over complicating the licensing process both for operatorsand local authorities.

Specific Policy Comments

On a number of occasions within the draft statement of principles there are references torequirements/desires to promote the licensing objectives. Indeed, paragraph 14.1 in Part B there isa statement that “the council has a duty to promote the licensing objectives.” The licensingauthority is reminded that under Gambling Act 2005, the licensing authority is required to “haveregard” to the licensing objectives and applications and the operation of licensed premises arerequired to be “reasonably consistent” with the licensing objectives. There is no duty on either thelicensing authority or applicants to seek to promote the licensing objectives. The only body uponwhom Gambling Act 2005 confers a duty to promote the licensing objectives is the GamblingCommission. We respectfully submit that references to promotion of the licensing objectives beremoved in order that there may be no confusion between the Gambling Act 2005 statement ofprinciples and the Licensing Act 2003 statement of policy. Agreed

Paragraphs 12.5 and 12.6 within Part B explain the licensing authority’s approach to primarygambling activity. The final sentence of paragraph 12.5 needs to be removed as this does not takeinto account the decision in the case of Luxury Leisure -v- The Gambling Commission (May 2014) adecision which post-dated the Gambling Commission Advice Note “Indicators of Betting as PrimaryGambling Activity” dated October 2013. It was held within the above case that condition 16(Primary Gambling Activity) does not require a contest between over the counter betting and theuse of machines. There must be sufficient facilities for betting (as evidenced in paragraph 12.6) ifgaming machines are to be utilised but the requirement is simply that sufficient facilities areavailable. The actual use of those facilities is not a factor for consideration. There is no need,therefore, for operators to demonstrate that betting will continue to be the primary activity of thepremises when seeking variations to licences. Operators will simply need to demonstrate thatsufficient facilities for betting are available at all times. Agreed

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Paragraph 14 deals with the first licensing objective but misquotes it. It is respectfully submittedthat the full licensing objective “Preventing gambling from being a source of crime or disorder,being associated with crime or disorder or being used to support crime” be used in order that thereis no confusion with the Licensing Act 2003 objectives. The paragraph would also benefit from aclear statement that issues of nuisance are not relevant considerations in Gambling Act 2005applications. Issues of nuisance and low level ASB are to be dealt with under separate legislation.

Paragraph 19 is headed “Planning Approval”. It is respectfully submitted that this paragraph beremoved from the statement of principles as it is directly contrary to s210 Gambling Act 2005. Thestatement of principles indicates that applicants should ensure that appropriate current planningpermission for the hours and activities for which the application is being made and that there areno conditions attached to the planning approval that may restrict the licensable activities beingproposed. (Once again, we see some confusion with Licensing Act 2003 terminology with thereference to licensable activities). Gambling Act 2005 s210 is clear that a licensing authority shallnot have regard to whether or not a proposal by the applicant is likely to be permitted inaccordance with the law relating to planning or building. In the circumstances, paragraph 19 shouldbe removed. Noted and para amended

Paragraph 21 of Part B deals with location and introduces a concept of “special consideration”where applications are made close to schools, young persons establishments, premises usedregularly by young persons or centres established for assisting persons with gambling addictions.The licensing authority is reminded that there is no higher evidential burden for applications inproximity to such places. The overriding principle is that the licensing authority must aim to permitthe use of premises for gambling. Operators must demonstrate that applications are reasonablyconsistent with the licensing objectives. To this end, local area risk assessments will be produced inaccordance with the LCCP which will identify the risks to the licensing objectives posed by suchproximity and outline policies and procedures to mitigate those risks. Noted but schools left in atthis stage.

Paragraph 22 explains the licensing authority’s approach to conditions. The statement of principleswould be assisted by an indication that the starting point for consideration of any application isthat it will be granted subject only to the mandatory and default conditions as these are usuallysufficient to ensure operation that is reasonably consistent with the licensing objectives. Thestatement of principles should make it clear that additional conditions will only be imposed wherethere is evidence of a risk to the licensing objectives that requires that the mandatory and defaultconditions be supplemented. The statement of principles should be consistent that conditions willonly be imposed where there is evidence of a need to do so. Agreed

Finally, there is a suggestion in paragraph 22.5 that where there are concerns over the promotionof the licensing objectives, the applicant will be expected to offer suggestions on how theobjectives can be met. This appears to be very close to a Licensing Act 2003 policy. The licensingauthority is reminded that the mandatory and default conditions are usually sufficient to ensureoperation that is reasonably consistent with the licensing objectives. As far as the applicationprocess is concerned, there is no facility within the paperwork to offer conditions. In the vastmajority of cases, there will be no need for additional conditions. Agreed

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A list of partners is available for inspection at the above address.This firm is authorised and regulated by the Solicitors Regulation Authority under number 6121

This image cannot currently be displayed.

Paragraph 26 outlines the ability to limit the number of betting machines within a betting office.The statement of principles would be assisted if a clear distinction was made between bettingmachines and gaming machines. Whilst there is power to limit the number of betting machines,the holder of a betting premises licence may make up to 4 gaming machines of categories B, C or Davailable for use. Agreed

Conclusion

The industry fully supports the development of proportionate and evidenced based regulation, andis committed to minimising the harmful effects of gambling. The ABB is continuing to work closelywith the Gambling Commission and the government to further evaluate and build on the measuresput in place under the ABB Code for Responsible Gambling, which is mandatory for all ourmembers.

ABB and its members are committed to working closely with both the Gambling Commission andlocal authorities to continually drive up standards in regulatory compliance in support of the threelicensing objectives: to keep crime out of gambling, ensure that gambling is conducted in a fair andopen way, and to protect the vulnerable.

Indeed, as set out, we already do this successfully in partnership with local authorities now. Thisincludes through the ABB Code for Responsible Gambling, which is mandatory for all our members,and the Safe Bet Alliance (SBA), which sets voluntary standards across the industry to make shopssafer for customers and staff. We would encourage local authorities to engage with us as wecontinue to develop both these codes of practice which are in direct support of the licensingobjectives.

Yours faithfully,

GOSSCHALKS

1

Shared Licensing Services Team Basingstoke and Deane Borough Council Civic Offices London Road Basingstoke Hants RG21 4AH 10th December 2015

Dear Sir,

Consultation on Basingstoke and Deane Borough Council’s Statement of Principles – Gambling Act 2005

Coral Racing Limited is most grateful to be given the opportunity to respond to this consultation exercise. Coral

was one of the first national bookmakers to be licensed under the Betting and Gaming Act of 1960, and so has

been operating the length and breadth of the UK for over 50 years. Its premises comprise locations in the

inner city, on the high street, in suburbs and in rural areas, and in areas of both high and low deprivation. It

now operates 1850 betting offices across Great Britain, which comprise about 20% of all licensed betting

offices. It is, therefore, a highly experienced operator.

We recognise that you existing policy has changed little at the current time (Stage 1 of your process) and are

broadly supportive of it. Your statement again correctly notes that the Board when considering applications

are still required to ‘aim to permit gambling’ where this is ‘reasonably consistent with the licensing objectives’,

additionally noting that it should not take into account of any moral objections to gambling.

We do wish to politely highlight that we are not of the opinion however regarding the proximity of a licensed

betting office in relation to schools (section 16.1). Whilst each application will be judged on its merits as

mentioned at several points within your statement, Coral knows of no evidence that the location of a licensed

betting office within the proximity of schools causes harm to the licensing objectives. Coral’s general

experience, in common with other bookmakers, is that children are not interested in betting, and in any case

the Think 21 policy operated by Coral is adequate to ensure that under-age gambling does not occur in their

premises. There are very many examples of betting offices sited immediately next to schools and colleges as

well as being within residential areas and no evidence whatsoever that they cause problems. We do appreciate

that the licensing board have flexibility in this regard when granting licences but caution against any inference

of a link between schools and problem gambling.

We recognise that a comprehensive review of your policy will take place at Stage 2 of your review and that this

will include reference to the requirement to supply risk assessments with future applications and variations

(requirement is from 6th April 2016). We welcome the opportunity to participate in this consultation.

Coral’s experience is that, through all it does, it achieves an exemplary degree of compliance, and attracts

negligible evidence of regulatory harm. Through the additional local risk assessment to be introduced, Coral

believe that these should be a) to assess specific risks to the licensing objectives in the local area, and b) to

assess whether control measures going beyond standard control measures are needed.

We have viewed numerous varied approaches from councils in the creation of their Statement’s and would

caution against making the process overtly bureaucratic. Certain councils have created long list of premises

2

which must be risk assessed, implying that there is a link between them and the adherence to the gambling

objectives when there is no evidence to support this position. Other councils recognise that gambling

operators are responsible operators already (evidenced by their Operators Licence issued by the Gambling

Commission) and have their own rigorous procedures and position in our view, a more sensible path. For your

information we are in the process of agreeing our format for these risk assessments with Westminster Council

and if you would like us to share this with you to assist your drafting of this important area, we would be

willing to assist.

If we can provide any further information, we would be pleased to do so.

Yours faithfully,

Director of Development – Coral Retail

LIC_GAPOL Rev 04 31/03/16

BASINGSTOKE AND DEANE BOROUGH COUNCIL

Gambling Act 2005

STATEMENT OF PRINCIPLES 2016 to 2019

‘Ensuring gambling is conducted in a fair and open way

whilst ensuring the protection of vulnerable people’

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; and

Protecting children and other vulnerable persons from being harmed or exploited by gambling


CONTENTS

PART A

Introduction and Background 4

Responsible Authorities and Interested Parties 8

Exchange of information 10

Human Rights, Disability Discrimination and Equal Opportunities 10

Compliance and Enforcement 10

Administration and Delegation of Functions 11

Declaration 11

Consultation 11

PART B – Premises licences – Consideration of applications

Fundamental Principles 13

Licensing objectives 14

Definition of “premises” 15

Premises “ready for gambling” 16

Planning approval 16

Links with other strategies and regulatory systems 17

Location 17

Conditions 18

Provisional statements 19

Casinos 20

Bingo premises 20

Betting premises 21

Tracks 21

Adult Gaming Centre 23

(Licensed) Family Entertainment Centres 23

Travelling Fairs 24

Reviews 24

PART C – Permits, Notifications, Temporary and Occasional Use Notice

Unlicensed Family Entertainment Centre Gaming Machine Permits 27

(Alcohol) Licensed Premises Gaming Machine Permits Automatic Entitlement: 2 machines

28

Gaming Machine Permit 28

Prize Gaming Permits 28

Club Gaming and Club Machine Permits 29

Temporary Use Notices 30

Occasional Use Notices 30

Small Society Lotteries 31

PART D – Miscellaneous

Rights of Appeal and Judicial Review 32

Information 32

Delegation of Functions 32

List of Responsible Authorities 34

Appendix A A summary of gaming entitlements for clubs and alcohol-licensed premises

Appendix B Summary of gaming machine categories and entitlements

Appendix C Plan of BDBC wards

Appendix D Plan of BDBC neighbouring authorities


The council welcomes comments and observations on this Statement of Principles. These should be addressed to:

Shared Licensing Services Manager Basingstoke and Deane Borough Council Civic Offices London Road Basingstoke Hampshire RG21 4AH Tel: 01256 844844

Email: [email protected]

mailto:[email protected]


PART A

BASINGSTOKE AND DEANE BOROUGH COUNCIL

GAMBLING ACT 2005

Statement of Principles

2016 - 2019

This is the stage 1 Statement of Principles as determined by the council in respect of its licensing functions, with regard to the Gambling Act 2005. This statement commences on the 1 April 2016 and continues for a three year period. During this period the policy will be kept under review and the council will make such revisions to it, at such times, as it considers appropriate. Further licensing statements will be published every three years thereafter or earlier as necessary.

All references to the ‘guidance’ refer to the Gambling Commission's Guidance to Licensing Authorities. The document is not a full and authoritative statement of the law or statutory guidance and does not constitute professional or legal advice.

1 Introduction and Background

When dealing with licensing matters the council will have regard to the three 1.1licensing objectives set out in section 1 of the Gambling Act 2005. These 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.

The council gives equal weight to each of these objectives.

This licensing authority is aware that, as per section 153, in making decisions 1.2about premises licences and temporary use notices it should ‘aim to permit’ the use of premises for gambling in so far as it thinks it is:

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.


The Gambling Commission will play the leading role in preventing gambling 1.3from being a source of crime and ensuring gambling is conducted in a fair and open way.

2 The Borough

Basingstoke and Deane is a large borough situated in the County of 2.1Hampshire covering 634.5 square kilometres (245 square miles) with a population of 172,0001. A map showing the geographical boundaries of the Borough can be found at Appendix C and D and at www.basingstoke.gov.uk.

Basingstoke town centre is vibrant offering a number of pubs and eating 2.2places, alongside a cinema and swimming pool. The widely acclaimed Festival Place Shopping Centre was opened in October 2002 and refurbishment work on the council owned Malls Shopping Centre was completed at the end of 2011. Major improvements to the Railway Station were also completed in 2012.

There is a leisure park offering further swimming facilities, ten pin bowling, 2.3indoor bowls, ice skating, bingo, an indoor skydiving centre. Down Grange sports complex has an athletics track with rugby, football and hockey pitches and homes the Basingstoke Rugby and Hockey clubs. Community schools within the borough also offer facilities for sport and further education to the public.

Basingstoke is surrounded by small picturesque villages and smaller towns. 2.4The borough also boasts the North Wessex Downs Area of Outstanding Natural Beauty, and the River Loddon area within its boundaries.

The business and transport links to the borough are excellent with a number 2.5of purpose built business parks. A regeneration programme of the Basing View Business Park is underway with the recent opening a new John Lewis and Waitrose store. The close proximity to London and the south coast alike make the borough an attractive business location.

After undertaking wide ranging research and consultation involving residents 2.6and partner organisations, a shared vision for the future of the borough has been developed and agreed. The vision sets out the key priorities and ambitions for the future of the borough and will form a central element of the Local Plan. For further information about the purpose and evolution of the vision please visit the Basingstoke Area Strategic Partnership (BASP). The agreed vision is as follows:

In 2029 Basingstoke and Deane’s people, communities and businesses will 2.7be flourishing - enjoying an excellent quality of life and environment which has been improved through well planned growth that draws on our strengths and secures vital improvements.

Regenerating our towns and estates, and enriching the character and vitality 2.8of our villages and outstanding countryside will support Basingstoke as a

1 2013 Mid-Year Population Estimates for England and Wales, ONS (June 2014)

http://www.basingstoke.gov.uk/

http://basp.basingstoke.gov.uk/


major vibrant centre, leading north Hampshire and fulfilling an influential role in the region.

The Town Centre was awarded a Purple Flag award in 2013 and successfully 2.9renewed this award in 2015. Purple Flag is an accreditation scheme that recognises excellence in the management of town and city centres at night. Areas that achieve the standard will be those that offer a better night out to visitors. Purple Flag aims to raise standards and improve the quality of our towns and cities at night. Benefits include a raised profile and an improved public image, increased visitors, increased expenditure, lower crime and anti-social behaviour and a more successful mixed-use economy.

3 Aims

The aim of this statement of principles is to ensure gambling is conducted in a 3.1fair and open way and does not support crime, whilst ensuring protection for vulnerable people. The council will regulate gambling in the public interest and recognises that these activities contribute to the Borough and to the local economy, as well as providing employment, and will aim to permit the use of premises for gambling as set out in section 153 of the Act.

To achieve this aim the council is committed to partnership working with the 3.2responsible authorities, local businesses, licensing trade, residents, those involved in the protection of children and other interested parties towards the promotion of the objectives set out in this policy. The council will ensure that it takes into account the views of these stakeholders and ensure proper integration of local crime prevention, planning, transport, employment, tourism and cultural strategies.

This statement of principles provides information and guidance to applicants, 3.3objectors and interested parties on the general approach that the council will take to licensing issues. Although each application will be considered individually on its own merits, this statement of principles indicates the wider considerations that will be taken into account when determining applications. Notwithstanding this approach it is not the council’s intention in adopting this policy to override the right of any person to make an application and have it considered on its merit.

The council will work with other local authorities, particularly those with whom 3.4boundaries are shared, to ensure a consistent approach is taken to licensing issues whilst respecting the differing needs of the individual communities.

4 Scope

Basingstoke and Deane Borough Council (“the council”) is the Licensing 4.1Authority pursuant to the Gambling Act 2005 (“the Act”) and is responsible for considering applications for a number of activities, detailed below. The purpose of licensing is to regulate the carrying on of licensable activities on licensed premises and at temporary events. The activities falling to the council as defined by the Act include:


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) of the use of two or fewer gaming machines

Grant Licensed Premises Gaming Machine Permits for premises licensed to sell/supply alcohol for consumption on the licensed premises (under the Licensing Act 2003) where more than two machines are required

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

Maintain registers of the permits and licences that are issued under these functions

It should be noted that licensing authorities are not involved in licensing 4.2remote gambling at all, which is regulated by the Gambling Commission via operating licences

The council is responsible for the administration of premises licences under 4.3the Gambling Act 2005. The types and numbers of licensed premises as at 01 February 2016 were as follows:

Premise Type Number

Bingo Premises 1

Betting Premises 11

Adult Gaming Centre 1

Family Entertainment Centre 0

This number remains unchanged since 2013. In formulating its statement of principles the council has had regard to the Gambling Act 2005, associated regulations and any Guidance issued by the Gambling Commission, The Home Office and any responses to the consultation. When determining applications the council will have regard to both the guidance and the statement of principles as set out in this document.


5 Responsible Authorities and Interested Parties

When dealing with applications for and reviews of premises licenses, the 5.1council is obliged to consider representations from two categories of persons, referred to as “responsible authorities” and “interested parties.” Representations made by persons other than responsible authorities or interested parties will be rejected.

The council will only consider representations that are relevant, which are 5.2likely to be those that relate to the licensing objectives, or that raise issues under this statement of principles, the Commission’s guidance or Codes of Practice.

The council will examine closely all representations to ensure that they are not 5.3frivolous or vexatious.

Responsible authorities are public bodies that must be notified of applications 5.4by the applicant. The full list and contact details can be found at para 43, and are contained on the Basingstoke and Deane Borough council website at www.basingstoke.gov.uk

The council will take care to ensure that concerns that responsible authorities 5.5may have in relation to their own functions are not taken into account if they are not relevant to the application for a premises licence under the Act

In order to accept a representation from an interested party the council must 5.6be able to take the view that the person or body making the representation:

lives sufficiently close to the premises to be likely to be affected by the authorised activities; or

has business interests that might be affected by the authorised activities; or

represents persons in either of those two groups.

The council will take the following factors into account when determining what 5.7is “sufficiently close to the premises”:

the size of the premises;

the nature of the premises;

the distance of the premises from the location of the person making the representation;

the potential impact of the premises (number of customers, routes likely to be taken by those visiting the establishment); and

the nature of the complainant. This will not include the personal character of the complainant, but the interests of the complainant which may be relevant to the distance from the premises.

The council will take the following factors into account when determining who 5.8are “persons with business interests that could be affected”:

the size of the premises

the catchment area of the premises i.e. how far persons travel to visit; and

whether the person making the representation has business interests in that catchment area that might be affected.



the potential impact of the premises (number of customers, routes likely to be taken by those visiting the establishment); and

the nature of the representation. This will not include the personal character of the person making the representation, but the interests of that person which may be relevant to the distance from the premises.

The council is unlikely to consider arguments from one gambling business 5.9making representations that they could be affected by another gambling business expanding into any part of the country.

The council considers the following to be “persons representing those” in the 5.10above categories:

Residents’ and tenants’ associations,

Trade Unions

Trade associations

Persons who are democratically elected such as councillors (both Borough and Parish) and MPs.

No specific evidence of being asked to represent an interested person will be 5.11required as long as the councillor/MP represent the ward in which the proposed premises is located. Likewise, parish councils in whose parish the proposed premises are located 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 authorized activities and/or has business interests that might be affected by the authorized activities. A letter from one of these persons, requesting the representation is sufficient.

The council will examine closely all representations to ensure that they are not 5.12frivolous or vexatious. Matters that this authority will look at are likely to include:

who is making the representation, and whether there is a history of making representations that are not relevant

whether it raises a ‘relevant’ issue

whether it raises issues specifically to do with the premises that are the subject of the application.

The above considerations are not exhaustive, and the council will have regard 5.13to anything an interested party, or persons representing them, say about his or her status to make representations. Nothing in this statement of principles should be taken to undermine the right of any person to make representation on an application or to seek a review of a licence where provision to do so exists.

6 Exchange of Information

The council will act in accordance with the provisions of the Act and the Data 6.1Protection Act 1998 in its exchange of information. It will also have regard to Gambling Commission guidance issued under section 25 of the Gambling Act 2005. Where a protocol is established to set out the mechanism for exchange


of information with other regulatory bodies, any such protocol will be made publicly available.

7 Human Rights and Equal Opportunities

The Human Rights Act 1998 makes it unlawful for a local authority to act in a 7.1way which is incompatible with the European Convention on Human Rights. In making decisions and determining appropriate action the council will have due regard to the Convention.

The Equality Act 2010 requires public bodies to consider all individuals when 7.2carrying out their day to day work – in shaping policy, in delivering services and in relation to their own employees. It requires public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between different people when carrying out their activities.

The Equality Duty supports good decision making – it encourages public 7.3bodies to understand how different people will be affected by their activities, so that their policies and services are appropriate and accessible to all and meet different people’s needs. By understanding the effect of their activities on different people, and how inclusive public services can support and open up people’s opportunities, public bodies can be more efficient and effective. The Equality Duty therefore helps public bodies to deliver the Government’s overall objectives for public services.

The council has a range of equality policies and these have been taken into 7.4account when drafting this policy.

8 Compliance and Enforcement

The main enforcement and compliance role for the council will be to ensure 8.1compliance with the premises licences and permissions which it authorises. The Gambling Commission will be the enforcement body for the operator and personal licences it issues, and also the manufacture, supply or repair of gaming machines.

The council has an approved Licensing Enforcement Policy which complies 8.2with the Regulators Code (2014) and is available on the council’s website at www.basingstoke.gov.uk.

The council has adopted a risk-based inspection programme, which includes 8.3the targeting of high risk premises which require greater attention, whilst operating a lighter touch in respect of low risk and well managed premises. The risk-based approach will be based on the Gambling Commission’s Guidance.

The council will establish protocols with the local police on enforcement issues 8.4where necessary. This will enable the more efficient deployment of council staff and police officers who are commonly engaged in enforcing licensing law and the inspection of licensed premises.



9 Administration and Delegation of Functions

Information is available about whether or not activities need to be licensed is 9.1available on the council’s website www.basingstoke.gov.uk. Those requiring further information should contact the Licensing Team on 01256 844844, email [email protected] or write to the team at the normal council address.

In the interests of speed and efficiency the council will, where possible, 9.2delegate licensing decisions and functions to licensing officers. However, if the matter to be decided is controversial in any way or the determination of the matter under delegated powers is precluded by law then it will be decided by the Full Council or Licensing Committee, as appropriate. The recommended delegation of functions given in the guidance will be used as the basis for the council’s Scheme of Delegation.

10 Declaration

In producing the final policy statement the council will have regard to the 10.1licensing objectives, guidance issued by the Gambling Commission, and any responses from those consulted about this policy.

11 Consultation

The statement of principles will be kept under review and where any 11.1amendments are considered necessary these will only be made after consultations have taken place in accordance with Section 349(3) of the Act.

Proper weight, in accordance with the guidance, has been given to the views 11.2of all those consulted. Those consulted in the preparation of this policy included:

the Chief Officer of Police for Hampshire

the Superintendent of Police for Basingstoke and Deane Borough Council

one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the council 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 Act

any other bodies the council deemed appropriate.

In accordance with the guidance the following persons have also been 11.3consulted on this revised statement:

All ward members

All parish councils

All bordering local authorities

Hampshire Police Licensing Team

All responsible authorities under the Gambling Act 2005

Basingstoke and Deane Borough Council website




Holders of existing licences and permits who will be affected by the provisions of the Act

The Bingo Association

British Beer & Pub Association

Association of British Bookmakers (ABB)

Business In Sport & Leisure

National Casino Industry Forum

Racecourse Association Limited

BACTA

The British Association of Leisure Parks, Piers & Attractions Ltd

British Holiday & Home Parks Association (BH&HPA)

Greyhound Board of Great Britain

GamCare

Gamblers Anonymous (UK)

The council’s consultation on this revised policy took place between 6 11.4November 2015 and 11 December 2015 and followed the Revised Code of Practice and the Cabinet Office Guidance on consultations by the public sector.

This policy was approved at a meeting of the Full Council on 31 March 2016 11.5and is published via our website on www.basingstoke.gov.uk . Copies were issued to public libraries of the area.



PART B

PREMISES LICENCES – CONSIDERATION OF APPLICATIONS

12 Fundamental Principles

In carrying out its functions, Basingstoke and Deane Borough Council will 12.1regulate gambling in the public interest and will have regard to the guidance issued under section 25 of the Act. With the exception of premises licensing and temporary use notices, this authority may use its discretion where there are strong and defensible reasons for departing from the guidance and where it considers it right to do so. In any such case this authority will clearly express and explain its reasons for doing so.

This statement of principles does not override the right of any person to make 12.2an application under the Act and to have that application considered on its individual merits. Additionally, this statement of principles does not undermine the right of any person to make representations on an application or to seek a review of a licence where provision has been made for them to do so.

The council will aim to permit the use of premises for gambling in so far as it 12.3thinks it is:

in accordance with any relevant code of practice under section 34 of the Gambling Act 2005;

in accordance with any relevant guidance issued by the Commission under section 25 of the gambling Act 2005;

reasonably consistent with the licensing objectives; and

in accordance with this statement of principles.

It is appreciated that as per the Gambling Commission’s Guidance to 12.4Licensing Authorities “moral objections to gambling are not a valid reason to reject applications for premises licences” and also that unmet demand is not a criterion for a licensing authority.

The Licensing Authority will seek to ensure that there are sufficient facilities 12.5for betting at all times at licensed premises where Gaming Machines are to be utilised.

13 The Licensing Objectives

14 Preventing gambling from becoming a source of crime and disorder, being associated with crime or disorder or being used to support crime.

Under the Act the council has a duty to promote the licensing objectives, and, 14.1a further duty under the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in the Borough. We recognise that the Gambling Commission takes a leading role in preventing gambling from becoming a source of crime.

The council works closely with the Police, together with other partners, in 14.2taking forward a range of initiatives locally to reduce crime and disorder. These initiatives are led by the multi-agency Community Safety


Forum, which manages the decision-making process and provides a strategic direction.

The council will attach appropriate conditions to licences/certificates to deter 14.3and prevent crime and disorder where appropriate and necessary.

The Gambling Commission’s guidance offers that licensing authorities should 14.4pay 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.

The Licensing Authority notes that issues of nuisance are not relevant 14.5considerations under the Gambling Act 2005.

15 Ensuring that gambling is conducted in a fair and open way

The responsibility for ensuring gambling is conducted in a fair and open way 15.1rests principally with the Gambling Commission. The only exception is the licensing of betting tracks (such as greyhound racing tracks) of which there are none currently in the borough. Should such establishment wish to operate in the borough, the council will consider attaching conditions to ensure that the betting environment is suitable.

16 Protecting children and other vulnerable persons from being harmed or exploited by gambling

The protection of children and other vulnerable persons from harm is an 16.1important licensing objective. The council has noted the Gambling Commission’s guidance that this objective means preventing children from taking part in gambling and will therefore consider if specific measures are required at particular premises.

The council will have regard to the proposed location of gambling premises 16.2where they are located close to a school or to some other premises occupied by vulnerable persons who may be exploited or at risk from the proposed activities. Each application will be considered on its individual merits and consideration given to any potential risks to children and vulnerable persons in the vicinity and also any steps proposed to be taken by an applicant to promote the licensing objective relating to children and vulnerable persons.

The council will consider this objective in relation to ‘vulnerable persons’ on a 16.3case by case basis. It will however, assume that this group includes people who gamble more than they want to; people who gamble beyond their means; and people who may not be able to make informed or balanced decisions about gambling due to a learning difficulty or use of alcohol or drugs.


In accordance with the Gambling Commission’s guidance, this council may 16.4consider specific measures are required at particular premises having regard to this licensing objective. These could include the supervision of entrances and/or machines, segregation of areas, CCTV, log books etc..

17 Definition of “premises”

In the Act, “premises” is defined as including “any place”. Section 152 17.1therefore 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, this authority will 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.

This licensing authority is aware of the Gambling Commission’s Guidance 17.2which 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 and consider 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.


18 Premises “ready for gambling"

The guidance states that a licence to use premises for gambling should only 18.1be 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, 18.2or 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 18.3outstanding 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.

Applicants should note that this authority is entitled to decide that it is 18.4

appropriate to grant a licence subject to conditions, but it is not obliged to grant such a licence.

19 Planning approval

It is expected that applicants will have consulted with the planning authority 19.1where necessary to ensure advice has been sought in respect of any planning requirements as to the proposed use of a premises.

20 Links with other strategies and regulatory systems

The council recognises that there are a number of government, county council 20.1and borough council strategies and policies which, whilst not directly related to the three licensing objectives, impact upon them. It will secure the proper integration of this policy with other relevant policies including; local crime prevention, planning, transport, tourism and cultural strategies by consulting with appropriate bodies.

The council recognises the need to avoid, so far as possible, duplication with 20.2other regulatory systems including Health and Safety at Work, Fire Safety, Food Hygiene and Nuisance Control. However these regulations may not cover the unique circumstances of some activities and entertainments. In these circumstances, the council may therefore, where necessary, attach conditions to premises licenses for the promotion of the licensing objectives

21 Location

Although each application will be considered on its merits there are a number 21.1of circumstances where special consideration will be given to the location of


premises. For example, applications for certain types of gambling premises located close to a school, young person’s establishments including premises used regularly by young persons, young offender’s premises or centres established for assisting persons with a gambling addiction and centres where youth groups are held, will be carefully considered in relation to the licensing objective regarding protecting children and other vulnerable persons from being harmed or exploited by gambling.

Each application will be considered on its merits, and will depend to a large 21.2extent on the type of gambling that it is proposed will be offered on the premises. If an applicant for a premises licence can clearly demonstrate how the licensing objectives will be met, this will be taken into account when reaching a decision on whether or not to grant a licence.

Similar consideration will be given to applications for premises in residential 21.3areas with a high concentration of households with children.

If an application relates to premises that are close to other premises offering 21.4similar activities, the council will not consider need or demand for premises within a particular location when determining an application.

22 Conditions

The council will not routinely attach conditions that limit the use of premises 22.1for gambling where it is :

in accordance with the Gambling Commission guidance, the Gambling Commission codes of practice or this policy statement; or

in a way that is reasonably consistent with the licensing objectives.

Apart from the mandatory and default conditions specified within the Gambling Act

Where the individual merits of an application warrant further conditions and 22.2

with evidence to support the imposition of conditions, these will be proportionate and:

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.

Conditions in relation to children - This authority will carefully consider the 22.3configuration of buildings in relation to the protection of children, particularly in multi-purpose developments. In particular this authority will look for measures that:

prevent children from participating in gambling, or being invited to gamble where this is not permitted by law;


prevent children from having accidental access to, or to closely observe, gambling; and

ensure entrances and exits from parts of a building covered by one or more licences are separate and identifiable so that the separation of different premises is not compromised.

Where category C or above machines are available in premises to which 22.4children are admitted, this authority will ensure that:

all such machines are located in an area of the premises which is separated from the remainder of the premises by a physical barrier which is effective to prevent access other than through a designated entrance;

only adults are admitted to the area where these machines are located;

access to the area where the machines are located is supervised;

the area where these machines are located is arranged so that it can be observed by the staff or the licence holder; and

at the entrance to and inside any such areas there are prominently displayed notices indicating that access to the area is prohibited to persons under 18.

This licensing authority is aware that tracks may be subject to one or more 22.5than one premises licence, provided each licence relates to a specified area of the track. As per the Gambling Commission’s guidance, this 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 22.6to 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 f 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, winnings or prizes.

23 Provisional Statements

This authority will consider provisional statement applications from persons in 23.1respect of premises that:

are expected to be constructed

are expected to be altered, or

are expected to be acquired as a right to occupy.

The process for considering an application for a provisional statement is the 23.2same 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 23.3hold 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.

The holder of a provisional statement may apply for a premises licence once 23.4the 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, this authority may refuse the premises licence application (or grant 23.5it on terms different to those attached to the provisional statement) only by reference to matters:

which could not have been raised by way of representations at the provisional statement stage,

which, in the this authorities opinion, reflect a change in the operator’s circumstances, or

where the premises has not be constructed in accordance with the plan and information submitted with the provisional statement application. This must be a substantial change to the plan and this authority will discuss any concerns we have with the applicant before making a decision.

24 Casinos

Section 166 of the Act enables local authorities to resolve not to issue any 24.1casino premises licences if it chooses to. To date this council has not passed a resolution. Should a resolution be passed by the full council this policy will be updated.

Casinos and competitive bidding – Basingstoke and Deane Borough 24.2Council are aware that where a licensing authority area is enabled to grant a premises licence for a new style casino (ie the Secretary of State has made such regulations under section 175 of the Act) there are likely to be a number of operators which will want to operate the casino. In such situations the local authority will hold a ‘competition’ under Schedule 9 of the Act. The council will run such a competition in line with any regulations issued under the Act.

Licence considerations/conditions – This authority will attach conditions to 24.3casino premises licences according to the principles set out in the Gambling Commission’s guidance documents, bearing in mind the mandatory conditions listed in the Guidance, and the licence conditions and Codes of Practice published by the Gambling Commission.

Betting machines – This authority will, as per the Gambling Commissions 24.4Guidance, 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.

25 Bingo premises

This licensing authority notes the Gambling Commission guidance which 25.1states that 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 where the operator of an existing bingo premises applies to vary their licence to exclude an area of the existing premises from its ambit and then applies for a new premises licence, or multiple licences, for that or those excluded areas.

The number of Category B (sub category B3) gaming machines will not be 25.2permitted to exceed 20% of the total number of gaming machines within the bingo premises unless the premises was licenced before 13 July 2013. Premises licensed before that date will retain an entitlement to 8 Category B (sub Category B3) machines or 20% of the total number whichever is the greater.

Children and young people are allowed into bingo premises; however they are 25.3not permitted to participate in the bingo. If category B or C machines are made available for use this authority will require those machines to be located in a part of the premises to which children and young persons are not permitted.

26 Betting premises

Betting machines – This authority will, as per the Gambling Commission’s 26.1guidance, 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. In all cases a licensed betting premises my make up to 4 gaming machines of categories B, C or D available for use at the licensed premises.

27 Tracks

Tracks are sites (including horse racecourse and dog tracks) where races or 27.1other sporting events take place. Betting is a major gambling activity at tracks.

There are no tracks within this authority. However, the following are issues 27.2that would be considered should an application be received.

Basingstoke and Deane Borough Council is aware that tracks may be subject 27.3to one or more than one premises licence, provided each licence relates to a specified area of the track. This authority will especially consider the impact upon the third licensing objective (ie 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 area where they are not permitted to enter.

This authority will therefore expect the premises licence applicant to 27.4demonstrate 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 will expect applicants to offer their own measures to 27.5meet the licensing objectives; however, appropriate measures/licence conditions may cover issues such as:

Proof of age scheme

CCTV

Supervision of entrances/machine areas

Physical separation of areas

Location Of entry

Notices/signage

Specific opening hours

Self-baring schemes

Provision of information leaflets/helpline numbers for gambling addiction organisations such as GamCare and debt advice organisations such as CAB, Credit Action.

This list is not mandatory, nor exhaustive, and is merely indicative of example 27.6

measures.

Gaming machines – Where the applicant holds a pool betting operating 27.7licence and is going to use the entitlement to four gaming machines, these machines are located in areas from which children are excluded. Children and young persons are not prohibited from playing category D gaming machines on a track.

Betting machines – This authority will take into account the size of the 27.8premises 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. It will also take note of the Gambling Commission’s suggestion that licensing authorities will want to consider restricting the number and location of such machines in respect of applications for track betting premises licensing.

Applications and plans – The Gambling Act (s151) requires applicants to 27.9submit plans of the premises with their application, in order to ensure the licensing authority has the necessary information 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 27.10scale and should be sufficiently detailed to include the information required by


regulations.

A track may be situated on agricultural land where the perimeter is not defined 27.11by virtue of an outer wall or fence, such as point-to-point racetracks. In such instances, where an entry fee is levied, track premises licence holders may erect temporary structures to restrict access to the premises.

In the rare cases where the outer perimeter cannot be defined, it is likely that 27.12the track in question will not be specifically designed for the frequent holding of sporting events or races. In such cases betting facilities may be better provided through occasional use notices where the boundary of the premises do not need to be defined.

This authority appreciates that it is sometimes difficult to define the precise 27.13location 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. For race courses in particular, any betting areas subject to the “five times rule” (commonly known as betting rings) must be indicated on the plan.

28 Adult Gaming Centre

This licensing authority will specifically have regard to the need to protect 28.1children 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 will expect applicants to offer their own measures to 28.2meet the licensing objectives such as:

Proof of age schemes

CCTV

Supervision of entrances / machine areas


Location of entry

Notices / signage


Self-exclusion schemes

Provision of information leaflets / helpline numbers for organisations such as GamCare.


measures.

29 (Licensed) Family Entertainment Centres

This authority will specifically have regard to the need to protect children and 29.1vulnerable 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 authority will expect applicants to offer their own measures to meet the 29.2licensing objectives such as:

CCTV

Supervision of entrances / machine areas


Location of entry

Notices / signage


Self-exclusion schemes

Provision of information leaflets / helpline numbers for organisations such as GamCare.

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


measures.

This authority will refer to the Commission’s website to see any conditions that 29.4apply to operating licences covering the way in which the area containing the category C machines should be delineated. This authority will also make itself aware of the mandatory or default conditions on these premises licences when published.

30 Travelling Fairs

This licensing authority is responsible for deciding whether, where category D 30.1machines 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 30.2statutory definition of a travelling fair.

This authority notes the 27-day maximum stay allowance under the Act for 30.3any site that is used by a travelling fair, 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.

31 Reviews

Requests for a review of a premises licence can be made by interested 31.1parties 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 31.2authority as to whether the request is frivolous, vexatious, or whether it will cause this authority to wish to alter/revoke/suspend the licence, or whether it is substantially the same as previous representations or request for review.

This authority, as a responsible authority, can also initiate a review of a 31.3particular 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 31.4authority, 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.

Where the relevant licensing authority does act as a responsible authority and 31.5applies for a review, it is important that a separation of responsibilities is still achieved in this process to ensure procedural fairness and eliminate conflicts of interest. The distinct functions of acting as the licensing authority and responsible authority will be exercised by different officials to ensure a separation of responsibilities.

The licensing authority must carry out the review as soon as possible after the 31.628 day period for making representations has passed.

The purpose of the review will be to determine whether the licensing authority 31.7should 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 (eg 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, this 31.8

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 31.9licence 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 31.10possible, 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

Her Majesty’s Commissioners for Revenue and Customers.


PART C

PERMITS, NOTIFICATIONS, TEMPORARY AND OCCASIONAL USE NOTICE

32 Unlicensed Family Entertainment Centre Gaming Machine Permits – Statement of Principles

Where a premises does not hold a premises licence but wishes to provide 32.1gaming machines, it 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

In making a decision on an application for this permit Basingstoke and Deane 32.2Borough Council does not need to have regard to the licensing objectives, but must have regard to any relevant guidance issued by the Commission.

This authority is aware that under the regulations it cannot attach conditions to 32.3this type of permit.

This authority will expect the applicant to show that there are policies and 32.4procedures in place to protect children from harm. Harm in this context is not limited to harm from gambling but includes wider child protection considerations. The efficiency of such policies and procedures will each be considered on their merits, however they may include appropriate measures and training for staff to identify and address suspected truant school children on the premises, and to deal with unsupervised young children being on the premises or children causing perceived problems around the premises.

This authority must also be satisfied that applicants are able to demonstrate: 32.5

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 any amendments to this schedule); and

that staff are trained to have a full understanding of the maximum stakes and prizes.

33 (Alcohol) Licensed Premises Gaming Machine Permits

Automatic entitlement: 2 machines

Automatic entitlement - There is provision in the Act for premises licensed to 33.1sell alcohol for consumption on the premises to automatically have 2 gaming machines of category C and/or D. The premises licence holder merely needs to notify this licensing authority and pay the prescribed fee.

This authority can remove the automatic authorisation in respect of any 33.2particular 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 272 of the Gambling Act (ie that written notice has been provided to the licensing authority, that a fee has been provided and that any relevant code of practice issued by the Gambling Commission about the location and operation of the machine has been complied with);


the premises are mainly used for gaming; or

an offence under the Gambling Act has been committed on the premises.

Gaming Machine Permit – If a premises wishes to have more than 2 33.3machines of categories C and/or D, then it needs to apply for a permit and this authority will consider that application based upon the licensing objectives, any guidance issued by the Gambling Commission under section 25 of the Act, and such matters as we think relevant.

This authority considers that ‘such matters’ will be decided on a case by case 33.4basis but generally there will be 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 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 requested to be displayed to this effect. Applicants may consider the provision of information leaflets and helpline numbers for organisations such as GamCare to demonstrate their responsibility in the protection of vulnerable persons.

It is recognised that some alcohol licensed premises may apply for a premises 33.5licence 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.

Under the legislation this authority can decide to grant the application with a 33.6smaller number of machines and/or a different category of machines than applied for. Conditions other than these cannot be attached.

Under the legislation the holder of a permit must comply with any Code of 33.7Practice issued by the Gambling Commission about the location and operation of the machine(s).

34 Prize Gaming Permits- Statement of Principles

In making a decision on an application for this permit Basingstoke and Deane 34.1Borough Council does not need to have regard to the licensing objectives, but must have regard to any relevant guidance issued by the Commission.

This authority will expect the applicant to set out the types of gaming that he 34.2or she is intending to offer, and they should be able to demonstrate:

that they understand the limits to stakes and prizes set out in the regulations;

that the gaming offered is within the law;

clear policies that outline the steps to be taken to protect children from harm

It should be noted that there are conditions in the Gambling Act 2005 by which 34.3the 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 price 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.

35 Club Gaming and Club Machine Permits

Members clubs, miners welfare institutes and commercial clubs may apply for 35.1a Club Machine Permit. A Club Machine permit will enable the premises to provide gaming machines (3 machines of categories B, C or D). Commercial clubs however may not site category B3A gaming machines offering lottery games in their club.

Before granting the permit this authority will need to satisfy itself that the 35.2premises meet the requirements of a members’ club and may only grant the permit if the majority of members are over 18. This authority will look for evidence that will include the constitution of the club, the club rules, the frequency of gaming, evidence of club membership, and that there are more than 25 members of the club. Extensive advice on the type of evidence that could be asked for by a local authority when determining whether a club is a genuine members’ club can be found in Gambling Commission Guidance documents.

The club must be conducted ‘wholly or mainly’ for purposes other than 35.3gaming, unless the gaming is permitted by separate regulations. A members club must be permanent in nature, not established to make commercial profit, and must be controlled by its members with an elected committee. This authority will look for evidence of the type of gaming that will be taking place.

This authority may only refuse an application on the grounds that: 35.4

the applicant does not fulfil the requirements for a members’ or commercial club or miners’ welfare institute and therefore is not entitled to receive the type of permit for which it has applied;

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

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

a permit held by the applicant has been cancelled in the previous ten years; or

an objection has been lodged by the Commission or the police.

There is a ‘fast-track’ procedure available under the Act for premises which 35.5hold a Club Premises Certificate under the Licensing Act 2003. Commercial clubs cannot hold club premises certificates under the Licensing Act 2003 and so cannot use the fast-track procedure. Under the fast-track procedure there


is no opportunity for objections to be made by the Commission or the police, and the ground upon which an authority can refuse a permit are reduced. The grounds on which an application under the process may be refused are:

That the club is established primarily for gaming, other than gaming prescribed under schedule 12;

That in addition to the prescribed gaming, the applicant provides facilities for other gaming; or

That 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 35.6category 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.

36 Temporary Use Notices

A temporary use notice allows the use of premises for gambling where there is 36.1no 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 include hotels, conference centres and sporting venues.

Comprehensive planning of events is essential, particularly in the case of 36.2large outdoor events. Therefore, whilst the legal minimum notice period for service of Temporary Use Notices is 3 months, the council will expect applicants to have consulted with responsible authorities prior to submitting a Temporary Use Notice.

Licensing authorities can only grant a temporary use notice to a person or 36.3company holding a relevant operating licence, in effect a non-remote casino operating licence.

Temporary event notices may only be used to permit the provision of facilities 36.4for equal chance gaming, where the gaming is intended to produce a single overall winner. Equal chance gaming is gaming which does not involve playing or staking against a bank and gives equally favourable chances to all participants. Examples of equal chance gaming include games such as backgammon, mah-jong, rummy, kalooki, dominoes, cribbage, bingo and poker.

There are a number of statutory limits as regards to temporary use notices. 36.5This authority will have to decide what constitutes a ‘set of premises’ where temporary use notices are received relating to the same building/site. In deciding this issue, the Council will look at the ownership/occupation and control of the premises, and other relevant matters. Each application will be considered on its merit.

This authority expects to object to notices where it appears that their effect 36.6would be to permit regular gambling in a place that could be described as one set of premises in accordance with Gambling Commission guidance.


37 Occasional Use Notices

The Act provides that where there is betting on a track on eight days or less in 37.1a calendar year, betting may be permitted by an occasional use notice without the need for a full premises licence.

This authority has very little discretion as regards to these notices, aside from 37.2ensuring that the statutory limit of 8 days in a calendar year is not exceeded. However, this authority will need to consider the definition of a ‘track’ as to whether the applicant is permitted to avail him/herself of the notice.

38 Small Society Lotteries

Non commercial gaming is permitted if it takes place at a non-commercial 38.1event, 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.

When societies who want to register in order to operate lotteries, they will 38.2need to refer to the Act’s definition of a small society lottery which falls into two distinct areas:

Society status – the society in question must be ‘non commercial’;

Lottery size – defined monetary values on single lottery ticket values, and aggregate sales per calendar year.

This authority will adopt a risk based approach towards its enforcement 38.3responsibilities for small society lotteries and considers 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.


PART D

MISCELLANEOUS

39 Rights of Appeal and Judicial Review

The Act provides an appeal process for any decision of Basingstoke and 39.1Deane Borough Council as a licensing authority. The council’s decisions may also be challenged by an application for judicial review. This authority will:

give clear and comprehensive reasons for a rejection of an application where there is a requirement in the Act to do so; and

wherever practical, as best practice, give clear and comprehensive reasons for all decisions connected to its functions under the Act, regardless of whether there is a requirement under the Act to do so.

A person (“the appellant”) wishing to appeal against a council decision must 39.2give notice of appeal to the local magistrates’ court within a period of 21 days beginning with the day on which the appellant was notified by this authority of the decision

Any person who wishes to pursue an appeal is strongly advised to seek 39.3independent professional legal advice from a legal advisor who specialists in the law on gambling.

40 Information

In order to ensure that applicants and persons who make representations 40.1have the necessary information to be able to do so, the information below will be available on the Basingstoke and Deane Borough Council website (www.basingstoke.gov.uk) or by contacting the licensing team by email ([email protected] ) , or by telephone on 01256 844844:

Register of premises licences issued by Basingstoke and Deane Borough Council;

Fees;

Guidance on how to make an application;

List of responsible authorities and contact details;

Application forms, where appropriate;

Making representations;

Applying for a review of a licence.

41 Delegation of Functions

In the interests of speed and efficiency the council will, where possible, 41.1delegate licensing decisions and functions to licensing officers. However, if the matter to be decided is controversial in any way or the determination of the matter under delegated powers is precluded by law, then it will be decided by the Full Council or Licensing Committee, as appropriate. The recommended delegation of functions given in the guidance will be used as the basis for the council’s Scheme of Delegation.




42 Delegation of Functions for decision making under the GA2005

MATTER TO BE DEALT WITH

FULL COUNCIL

SUB-COMMITTEE OF LICENSING COMMITTEE

OFFICERS

Final approval of the Licensing Authority Statement of Principles

X

Policy not to permit casinos

X

Fee setting (when appropriate)

X

(if delegated by full council)

Application for premises licences

Where representations have been received and not withdrawn

Where no representations received/representations

have been withdrawn

Application for a variation to a licence



have been withdrawn

Application for a transfer of a licence

Where representations have been received

from the Commission or responsible authority

Where no representations received from the

Commission or responsible authority

Application for a provisional statement



have been withdrawn

Review of a premises licence

X

Application for club gaming/club machine permits

Where objections have

been made and not withdrawn

Where no objections made/objections have been

withdrawn

Cancellation of club gaming/club machine permits

X

Application for other permits

X

Cancellation of licensed premises gaming machine permits

X

Consideration of temporary use notice

X

Decision to give a counter notice to a temporary use notice

X

Making representations or seeking reviews as a licensing authority

X


43 Responsible authorities

Licensing Authority:

Licensing Department, Basingstoke & Deane Borough Council, Civic Offices, London Rd, Basingstoke, Hants, RG21 4AH


Planning Authority:

Development Control Department, Basingstoke & Deane Borough Council, London Road, Basingstoke, Hants, RG21 4AH


Public Nuisance and Public Safety:

Environmental Health Department, Basingstoke, and Deane Borough Council, Civic Offices, London Road, Basingstoke, Hants, RG21 4AH


Police:

The Licensing Officer, Hampshire Constabulary, Basingstoke Police Station, Basingstoke, Hants, RG21 2AD


Fire Service:

Hampshire Fire and Rescue Service, Service Delivery (Community Safety Delivery), Protection Department, Southsea Fire Station, Somers Road, Southsea, Hants PO5 4LU

Email: [email protected] Web: www.hantsfire.gov.uk Gambling Commission:

Victoria Square House, Victoria Square, Birmingham, B2 4BP


Adult Service Headquarters:

Trafalgar House, The Castle, Winchester, SO23 8QU

Email: [email protected] Revenue and Customs:

Customs and Excise,National Registration Unit, Portcullis House, 21 India Street,Glasgow, G2 4PZ.

Email: nrubetting&[email protected]






http://www.hantsfire.gov.uk/

mailto:%[email protected]


mailto:nrubetting&[email protected]


New Appendix A - Summary of gaming entitlements for clubs and alcohol-licensed premises

Gaming Machines by Premises Type

Type Gaming Tables (Minimum)

Gaming Machines

Large Casino (machine/table ratio of 5-1 up to maximum) This premises licence type is not permitted in Basingstoke

1 Maximum of 150 machines. Any combination of machines in categories B to D (except B3A machines), within the total limit of 150 (subject to machine/table ratio)

Small Casino (machine/table ratio of 2-1 up to maximum) This premises licence type is not permitted in Westminster.

1 Maximum of 80 machines. Any combination of machines in categories B to D (except B3A machines), within the total limit of 80 (subject to machine/table ratio).

Pre – 2005 Act casino premises (no machine/table ratio)

N/A Maximum of 20 machines categories B to D (except B3A machines), or any number of C or D machines instead.

Bingo premises n/a Maximum of 20% of the total number of gaming machines which are available for use on the premises categories B3 or B4** and no limit on category C or D machines.

Betting premises and tracks occupied by pool betting.

n/a Maximum of 4 machines categories B2 to D (except B3A machines)


Adult Gaming Centre

n/a Maximum of 20% of the total number of gaming machines which are available for use on the premises categories B3 or B4** and no limit on category C or D machines.

Family Entertainment Centre with premises licence

n/a No limit on category C or D machines.

Family Entertainment Centre with permit

n/a No limit on category D machines.

Clubs or miners’ welfare institute (with permits)

n/a Maximum of 3 machines in categories B3A or B4 to D*

Qualifying alcohol-licensed premises

n/a 1 or 2 machines of category C or D automatic upon notification.

Qualifying alcohol-licensed premises (with gaming machine permit).

n/a Number of category C – D machines as specified on permit.

Travelling fairs

n/a No limit on category D machines.

* It should be noted that members’ clubs and miners’ welfare institutes are entitled to site a total of three machines in categories B3A to D but only one B3A machine can be sited as part of this entitlement. Commercial clubs are entitled to a total of three machines in categories B4 to D. ** Adult gaming centre and bingo premises are entitled to make available 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. Premises in existence before 13 July 2011 are entitled to make available four (adult gaming centre premises) or eight (bingo premises) category B gaming machines, or 20% of the total number of gaming machines, whichever is the greater. Adult gaming centre premises and bingo premises licences granted on or after 13 July 2011 but before 1 April 2014 are entitled to a maximum of four or eight category B gaming machines or 20% of the total number of gaming machines, whichever is the greater; from 1 April 2014 these premises will arebe entitled to 20% of the total number of gaming machines only, but this does not include B3A machines.


APPENDIX B

Summary of gaming machine categories and entitlements

Category of machine Maximum stake Maximum prize

A Unlimited – No category A gaming machines are currently permitted

B1 £5 £10000*

B2 £100 (in multiples of £10)

£500

B3A £2 £500

B3 £2 £500

B4 £2 £400

C £1 £100

D – non-money prize (other than a crane grab machine or a coin pusher or penny falls machine)

30p £8

D – non-money prize (crane grab machine

£1 £50

D – money prize (other than a coin pusher or penny falls machine)

10p £5

D – combined money and non-money prize (other than a coin pusher or penny falls machine)

10p £8 (of which no more than £5 may be a money prize)

D – combined money and non-money prize (coin pusher or penny falls machine)

20p £20 (of which no more than £10may be a money prize)

*With the option of a maximum £20,000 linked progressive jackpot on a premises basis only.


APPENDIX C – Basingstoke and Deane Borough Council wards


APPENDIX D – Neighbouring authorities

report to licensing committee 16 march 2016 · example the ealing southall betwatch scheme and...

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