Agenda item

To consider the final proposals for a revised Statement of Licensing Policy (Gambling) prior to consideration by Full Council on 25 November 2021.

Cabinet considered a report which outlined the final proposals for a revised Statement of Licensing (Gambling) Policy prior to consideration by Full Council on 25 November 2021.

The Authority was required to produce and publish a Statement of Licensing Policy under the Gambling Act 2005 and to revise the Policy at least every three years. The revised Policy had to be in force by 31 January 2022 when the existing Policy would expire.

Under the Act, the Authority as a licensing authority was responsible for issuing Premises Licences and Permits.  Premises Licences were specific to the type of premises offering gambling to the public and included Casino Premises; Bingo Premises; Adult Gaming Centre Premises; Family Entertainment Centre Premises; and Betting Premises.

The Authority did not have the authority from the Secretary of State to issue Casino Premises Licences. Section 175 of the Act limited the overall numbers of types of casinos that would be permitted in Great Britain and, until such time as the current limit on the number of casinos was increased, no further Casino Premises Licences would be issued.

In terms of Permits, the Authority as a licensing authority could issue Family Entertainment Centre Gaming Machine Permits; Club Gaming Permits; Club Gaming Machine Permits; Alcohol Licensed Premises Gaming Machine Permits; and Prize Gaming Permits.

Section 153 of the Act set out the principles to be applied by the Authority when considering an application for a Premises Licence; and emphasised the importance of the Authority’s Statement of Licensing Policy (Gambling) in determining any application for a Premises Licence made to the Authority as a licensing authority.

The draft revised Policy, attached as Appendix 1 to the report, contained the information that the Gambling Act 2005 (Licensing Authority Policy Statement)(England and Wales) Regulations 2006 had prescribed should be included in the Policy document, as referred to in the report.

In preparing the draft revised Policy document, regard had been given to the Commission’s statutory guidance and the Regulations issued in order to assist licensing authorities in the preparation of their Policy statements.

The draft revised Policy statement made reference to the new Council Plan and included additional information in relation to those individuals or businesses seeking to apply for a permit.  It also emphasised the requirement to have regard to the public sector equality duty when formulating a Policy or making decisions in relation to individual applications.

The draft revised Policy statement had been subject to a 6-week period of public consultation commencing on 5 July 2021.  The report outlined the requirements for publishing the draft revised Policy statement once approved.

In total, 55 responses had been received to this consultation exercise from a mixture of residents and agencies. Officers had considered each response and amended the draft policy as required. A summary of the responses received and the amendments made was attached at Appendix 2 to the report. The majority of responses focussed on support for a further “no casino” resolution. One response requested a definition of children to be added to the Policy.  The Policy had been amended in response to this.

Council, on 22 November 2018, had passed a ‘no casino’ resolution which

meant that the Authority would not grant any Casino Premises licences in the

Borough if it was given the power to do so. This resolution remained in place

for the duration of the Policy,even if the number of national Casino licences

increased.  If Council passed a ‘no Casino’ resolution, then it would remain in

force for a further three years (unless another resolution was passed in the

interim) and would prohibit the Authority from issuing Casino Premises

Licences in that period.

Cabinet considered the following decision options: to either approve the recommendations as set out in section 1.2 of the report, or alternatively, to not approve the recommendations.

Resolved that (1) the final proposals in connection with the formulation and approval of the draft revised Statement of Licensing Policy (Gambling), including the ‘no casino resolution’, attached at Appendix 1to the report, be endorsed; and

(2)  the draft Statement of Licensing Policy (Gambling) be referred to Full

Council for consideration on 25 November 2021.

(Reasons for decision: The draft Policy has been developed by an Officer Working Group with oversight from the Cabinet Member for Community Safety and Public Protection. The Policy contains the information required by legislation and the Gambling Commission’s statutory guidance. It has been subject to extensive consultation involving, in addition to members of the public, those involved in the gambling trade, North Tyneside MPs, and all councillors.  Consultees were given the opportunity of providing feedback and comments on the draft Policy during the consultation period.)