Agenda item

Local Authorities are required by the Gambling Act 2005 (“the Act”) to publish a Statement of Licensing Policy and to revise the Policy at least every three years.  Cabinet are being asked to endorse the initial proposals for the draft revised Statement of Licensing Policy (Gambling)  and approve the consultation on the draft revised statement.

Cabinet received a report seeking approval for the initial proposals of the Draft Statement of Licensing Policy (Gambling) 2025-2028 attached to the report at Appendix 1 and to undertake a public consultation exercise.

The report outlined the initial proposals to Cabinet before the public consultation of the revised draft Policy, which formed part of the Authority’s Budget and Policy Framework.

Local authorities were required by the Gambling Act 2005 to publish a Statement of Licensing Policy and to revise the Policy at least every three years.  The Statement of Licensing Policy provided guidance as to how the Authority would exercise its functions under the Act.  It was a legal requirement that the Statement of Licensing Policy was consulted on in accordance with the 2005 Act before it was approved by the Authority.

Section 153 of the Act set out the principles to be applied by the Authority as Licensing Authority when considering an application for a Premises Licence. 

Section 153(1)(d) of the Act therefore 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 Licensing Authority.

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 include Casino Premises; Bingo premises; Adult Gaming Centre Premises; Family Entertainment Centre Premises;

Betting Premises.

In terms of Permits, the Authority as a Licensing Authority could issue Unlicensed Family Entertainment Centre Gaming Machine Permit; Club Gaming Permit; Club Machine Permit; Alcohol Licensed Premises Gaming Machine Permits; Prize Gaming Permits.

The Authority did not have the authority from the Secretary of State to issue

Casino Premises Licences.  Section 175 of the Act limits 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 is increased, no further Casino

Premises Licences would be issued.

The draft revised Statement of Licensing Policy (Gambling) attached to this Report at Appendix 1contained 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 outlined in the report.

Full Council on 22 November 2021 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.  The decision on whether or not to pass a further ‘no casino’ resolution would form part of the consultation on the draft revised Statement of the Licensing Policy.  If Council passes a further ‘no casino’ resolution, then it will bind the Authority for a further three years (unless another resolution is passed in the interim) and will prohibit the Authority from issuing Casino Premises Licences in that period.

In preparing this draft revised Policy document, regard had 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 included reference to the 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 making decisions in relation to individual applications.

Only minor changes had been made to the Policy at this time. The Gambling Commission had advised that as there were ongoing consultations regarding the Gambling Act 2005 and that they were unable to amend the Guidance to Licensing Authorities in sufficient time for Authorities to incorporate these changes withing their Policy. The Gambling Commission had advised that local policies should be refreshed in line with the statutory requirement of the Act so that the revised Policy was in place for January 2025. The Authority anticipated undertaking a further review of the Policy in 2025 when the revised Guidance was released.

The draft revised Policy would be subject to a six-week period of public consultation that would begin on 8 July 2024.  The six-week period of consultation was considered an appropriate period of time to consult on this Policy document.  A list of the consultees would appear in the Policy document.

The draft revised Policy statement once approved must be published at least 4 weeks before it came into effect (31 January 2025) and be available for inspection on the Authority’s website, public libraries and Quadrant.  Before the Policy came into effect the Authority must also advertise the publication of the Policy statement by publishing a public notice on the Authority’s website and in a local newspaper indicating when the Policy would be published and when it came into effect.

Cabinet considered the following decision options: either to endorse the initial proposals for the draft revised Policy statement attached as an Appendix to the report, and approve the commencement of the consultation exercise, or alternatively, to not endorse the initial proposals for the draft revised Policy statement and approve the commencement of the consultation exercise.

Resolved that the initial proposals for the draft revised Statement of Licensing Policy (Gambling) 2025-2028 as Appendix 1 to the report and commencement of the consultation exercise set out in paragraph 1.5.4 of the report, be approved.

(Reason for Decision: The revised draft Policy has been developed by an Officer Working Group. The Policy contains the information required by legislation and the Gambling Commission. It will be subject to extensive engagement involving, in addition to members of the public, those involved in the gambling trade, all North Tyneside MPs and Councillors.  All consultees will be given the opportunity of providing feedback and comments on the draft Policy during the consultation period.)