To review and approve the gambling policy 2019 -2022.

Council considered a report by the cabinet member housing, regulatory services and community safety to review and approve the gambling policy 2019 – 2022. The cabinet member housing, regulatory services and community safety proposed the report and recommendation and explained that the Gambling Act 2005 required Council to produce a statement of its Gambling Policy. She further explained that the policy was largely unchanged from the previous version and incorporated guidance from the Gambling Commission. Consultation had been conducted with West Mercia Police and holders of gambling licences and the draft policy had been considered by the general scrutiny committee and cabinet.

Councillor Tracy Bowes seconded the report and recommendation.

During the debate members raised the principal points below:

·         It was recognised that the policy was produced in accordance with statutory requirements but this did not recognise the adverse impact that gambling could have on individuals. It was felt that central government should be pressured to legislate for the incorporation of addiction therapy provision in local gambling policies.

·         The draft policy was considered by the general scrutiny committee which made 11 recommendations.  

·         It was recognised that gambling added to the local economy but a robust policy was required.

·         It was queried whether it was felt that the local authority had sufficient powers to monitor gambling premises and if spot checks were undertaken to ensure adherence with policy.

·         It was recognised that online gambling was a problem which could affect children and young people. It was felt that restrictions on advertising could help to address problem-gambling.

·         Gambling addiction was considered a public health issue and It was queried whether part of the public health budget could be utilised to address problem-gambling locally.

In seconding the report and recommendation Councillor Tracy Bowes agreed that pressure should be put on the government to respond to gambling addiction.

The gambling policy 2019-2022 (review) was approved by a simple majority of Council.

RESOLVED: that the gambling policy 2019-2022 at appendix 1 is approved.

To review the statement of principles (Gambling Policy) to be applied by the council when exercising licensing functions under the Gambling Act 2005 and recommend the revised policy to Council.

The cabinet member housing, regulatory services and community safety introduce the report, noting that the Gambling Act 2005 required the council to produce a statement of principles to be applied when exercising licensing functions. The reviewed policy was largely unchanged from the previous version but did reflect new guidance from the gaming commission.

The principal licensing officer reported that gambling was not a large issue in Herefordshire although there were issues of protection of children and vulnerable people. It was market driven and in decline in Herefordshire.

Cabinet members noted that:

·        The policy was in relation to physical premises;

·        The need for signage in other languages to support migrant workers had been included in the local area plan risk assessment and premises were expected to have documents available to support those who need that help.

The chairman of the general scrutiny committee stated that the committee had gone through the revised policy with a fine toothed comb. He was pleased to see that eight of the eleven recommendations had been incorporated and he understood the reasons why the others could not be taken on board.

Group leaders were invited to express the views of their group. Concern was expressed that quite a few of the recommendations were simple fixes and it was important that policies were carefully reviewed. It was noted that the policy had been consulted on and that efforts were made to ensure that language was appropriate and understandable.

It was agreed that:

the revised Statement of Gambling Licensing Policy 2019-2022 (attached at appendix 1) is recommended to Council.

To review the statement of principles (Gambling Policy) to be applied by the council when exercising licensing functions under the Gambling Act 2005 (the Act).

The committee was invited to review the statement of principles (Gambling Policy) to be applied by the council when exercising licensing functions under the Gambling Act 2005 (the Act).

The Acting Assistant Director for Regulatory Environment and Waste introduced the report.  He reported that the Gambling Act 2005 required the Council to have a statement of gambling licensing policy.  The revised policy, as appended, was largely unchanged.  However, amendments had been made to reflect the requirements of two new codes issued by the Gambling Commission: Licensing Conditions and Code of Practice (LCCP) and the Social Responsibility Code.

In discussion the following principal points were made (references in brackets are to the policy set out in the appendix to the report:

·        (para 1.1) The wording currently states ‘to promote gambling in accordance with the licensing objectives’.  Clarification was sought on whether this might more accurately reflect the council’s role to ‘enable’ gambling rather than promote it.   It was noted that the licensing authority is there to ‘’promote compliance’ and not to promote gambling.

·        (para 1.4) It was proposed that the word ‘used’ in line one should be replaced by ’inform’ to read: “The Licensing Authority is required to publish a Gambling Licensing Policy that will inform it when exercising its licensing functions.”.  Officers agreed to this proposed wording change.

·         A general point was raised about the number of technical and legal terms used in the report.  It was argued that the report would be strengthened and would aid the readers understanding if a glossary of terms were to be included. 

·        It was asked how Herefordshire’s response to the consultation on this policy compared to other local authority areas.  In response it was suggested that Herefordshire tended to have a low consultation response compared to larger authority settings, where more contentious licensing decisions were taken. 

·        (paragraph 5.5) This referred to determining an application for a premises licence without a hearing if the authority thought that the representations were vexatious or frivolous, or would not influence the determination of the application.  It was noted that this was terminology drawn directly from the legislation.  Its purpose was to allow officers to determine that any objections raised, for example, were not from a competitor businesses who may have financial interests in the outcome of the licensing decision.  There were strict criteria that officers would apply in determining whether objections were valid.

·        A further question concerned whether the policy included reference to transfers or variation of licenses.  Officers commented that transfers and variations were not stated clearly in the document; the functions in the Act provided for the determination of all applications including transfers and variations.  The purpose of the policy was to show how Herefordshire Council would carry out those functions locally.  The availability of information to applicants about making an application was raised. A general view emerged that it would be helpful to make this information more visible in the policy document.

·        (para 15.6)  In relation to operating a proof of age scheme for  ...  view the full minutes text for item 7