Borough of Poole Gambling Act 2005 Statement of Gambling Policy Principles
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GAMBLING ACT 2005
BOROUGH OF POOLE
STATEMENT OF PRINCIPLES GAMBLING POLICY
20166 - 201919
INDEX
ITEM / PAGEPART A GENERAL PRINCIPLES
1. / Licensing Objectives / 34
2. / Licensing StatementIntroduction / 45
2.1 / Duration of Statement / 45
2.2 / Content of Statement / 45
2.3 / Geographical Application of Statement / 56
2.4 / Consultation Process / 57
2.5 / Declaration / 67
2.6 / Fundamental Principles / 67
2.7 / The Licensing Process / 78
3. / Responsible Authorities / 89
3.1 / Responsible Authorities – General / 89
3.2 / Responsible Authorities – Protection of Children from Harm / 810
4. / Interested Parties / 910
4.1 / Interested parties – General / 910
4.2 / Interested parties – Principles relating to determination / 911
5. / Disclosure/Exchange of Information Responsible Authorities and Interested Parties / 1112
5.1 / Responsible Authorities and Interested Parties - Representations / 1112
6. / Responsible Authorities and Interested Parties Disclosure/Exchange of Information / 1113
6.1 / Exchange of information – General / 1113
6.2 / Exchange/Disclosure of information – Principles / 1113
7. / Enforcement / 1214
7.1 / Enforcement – General / 1214
7.2 / Inspections and instituting criminal proceedings – Principles / 1314
7.3 / Carrying out enforcement responsibilities – Risk / 1416
ITEM / PAGE
PART B SPECIFIC FUNCTIONS
8. / Gambling Premises Licences / 1516
8.1 / Fundamental principles applying to premises licences / 156
8.2 / Gambling Premises licences – General / 176
8.3 / Gambling Premises licences – Decision making / 186
8.4 / Gambling Premises licences – ConditionsLocal Risk Assessments / 198
8.5 / Casinos ResolutionPremises Licence -Conditions / 20
8.6 / Bingo Premises LicenceCasinos Premises Licence / 210
8.7 / Betting Premises LicenceBingo Premises Licence / 22
8.8 / Betting Premises Licence - Tracks / 23
8.9 / Adult Gaming CentresBetting Premises Licence -Tracks / 254
8.10 / Licensed Family Entertainment CentresAdult Gaming Centre Premises Licence / 26
8.11 / Travelling fairsLicensed Family Entertainment Centres / 267
8.12 / Provisional StatementTravelling Fairs / 27
8.13
8.14 / Premises licences – ReviewsProvisional Statement
Premises Licence – Reviews / 28
28
9. / Permits / 29
9.1 / Club Gaming Permits and Club Gaming Machiness PermitsGeneral / 29
9.2 / Alcohol Licensed Premises Gaming Machine PermitsClub Gaming Permits and Club Gaming Machines Miscellaneous / 3029
9.3 / Prize Gaming PermitsClub Gaming Permits and Club Gaming Machines Decision Making / 3229
9.4 / Unlicensed Family Entertainment Centre Gaming Machine PermitsAlcohol Licenced Premises Gaming Machine Permits / 302
9.5
9.6 / Unlicensed Family Entertainment Centre Gaming Machine Permits - RenewalsPrize Gaming Permits
Unlicensed Family Entertainment Centre Gaming Machine Permits / 31
32
10. / Notices / 334
10.1 / Temporary Use Notices / 334
10.2 / Occasional Use Notices / 345
Appendix
A / Map Showing the Borough of Poole / 356
B / Consultees / 37
CB / Summary of Licensing Authority Delegations permitted under the Gambling Act 2005 / 369
Part A – General Principles
1 Licensing Objectives
1.1 When dealing with licensing matters the Borough of Poole is the Licensing Authority (“The Licensing Authority”) under the Gambling Act 2005 (“the Act”) and will promote the three licensing objectives set out in the Act. These licensing objectives are:
· Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime
· Ensuring that gambling is conducted in a fair and open way and
· Protecting children and other vulnerable persons from being harmed or exploited by gambling (“the Licensing Objectives”).
1.2 This licensing authority is aware that, as per Section 153, in making decisions about 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
1.3 For the purposes of interpreting these objectives:
· the term “disorder” is interpreted as meaning an activity that is more serious and disruptive than mere nuisance
· reference to “vulnerable persons” 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 mental impairment, alcohol and/or drugs and
· the phrase “harmed or exploited by gambling” can mean children and vulnerable people taking part in or being in close proximity to gambling, or advertising gambling in such a way that it makes gambling particularly attractive to such individuals.
2 Introduction Licensing Statement
2.1 Duration of Statement
2.1.1 This statement of principles is the Licensing Authority’s published policy for the purposes of the Act. It was approved by the Licensing Authority and will run for the period of three years starting from the 31st January 2010 xx February 2016.
2.1.2 This policy will be applied in the exercise of the Licensing Authority’s functions under the Act during that period.
2.1.3 The policy may be reviewed from time to time, and in the light of any such review, it may be revised. The Licensing Authority will publish any amended parts such revision for re-consultation before approval.
2.1.4 Should you have any comments as regards this policy statement please send them via e-mail or letter with your contact details to the following contact:
Name: The Head of Environmental and Consumer Protection Services
Address: Unit 1, New Fields Business Park, Stinsford Road, Poole, BH17 0NF.
2.2 E-mail:
2.2.1 It should be noted that this policy statement will not override the right of any person to make an application, make representations about an application, or apply for a review of a licence, as each will be considered on its own merits and according to the statutory requirements of the Act.
2.3 Content of Statement
2.3.1 A summary of information contained within this statement is attached as an index at the front of this document.
2.3.2 The licensable activities covered by this statement are:
Premises Licenses
· Adult gaming centres
· Bingo premises
· Betting premises offices, including tracks
· Tracks
· Casinos and Licensed family entertainment centres
· Licensed family entertainment centres Casinos
· Travelling fairs
· Provisional statement
· Permits
· Club gaming
· Club gaming machines
· Gaming machines on alcohol licensed premises
· Prize gaming and
· Unlicensed family entertainment centres
Notices
· Temporary use and Occasional use.
2.3.3 The contents of this document are not a full or authoritative statement of the law or statutory guidance and do not constitute professional or legal advice.
2.3.4 This statement is published on the Licensing Authority’s web-site and is available at the offices of the Licensing Authority, and local library’s during normal working hours.
2.3.5 The address of the Licensing Authority’s web-site is www.boroughofpoole.com
2.4 Geographical Application of Statement
2.4.1 The Borough of Poole is a unitary authority situated on Poole Bay, just off the eastern end of the East Devon and Dorset World Heritage Site, with one of the largest harbours in Europe and fine blue flag beaches. It borders Bournemouth to the east, East Dorset District Council to the north and Purbeck District Council to the west.
2.4.2 Poole has a population of 138,288 147,600 (2001 2011 census) making it the second largest settlement in Dorset. It is predominantly urban in character covering an area of 29 square miles with a buoyant and diverse economy. Demographically Poole has an age structure in line with the national average. Further information and statistics relating to Poole can be found via the following link:
2.4.3 A map showing the extent of the Borough is produced at Appendix A
2.5 Consultation Process
2.5.1 There are a number of groups who have a stake in the leisure industry, including providers, customers, residents and enforcement agencies, all of which have views and concerns that require consideration as part of the licensing function.
2.5.2 The Licensing Authority consulted widely upon this policy statement before finalising and publishing it. Before publishing this Statement of Principles, the Licensing Authority has It has consulted with and taken into account comments received from the following organisations and others, not listed, but who have made individual requests to be consulted: -
· The Chief Officer of Police in Dorset
· Dorset Police and Crime Commissioner
· Various persons / bodies who appeared to the Licensing Authority to represent the gambling businesses in the district, namely:
Ø Association of British Bookmakers www.abb.uk.com
Ø British Holiday and Home Parks Association
Ø The British Greyhound Racing Board
Ø The British Casino Association
Ø The Bingo Association
Ø British Amusement Catering Trade Association www.bacta.org.uk
Ø Fairground Association of Great Britain www.fagb.co.uk
Ø Showman's Guild of Great Britain www.showmensguild.co.uk
Ø Lotteries Council www.lotteriescouncil.org.uk
Ø Remote Gambling Association www.rga.eu.com
· GamCare
· Gamblers Anonymous
· Dorset Fire and Rescue Service
· The Licensed Victuallers Association & Local Pubwatch Groups
· Licensing Justices
· Borough of Poole Children & Young Peoples Services
· Borough of Poole Adult Social Care and Wellbeing
· Dorset Public Health
· Safer Poole Partnership
· Bournemouth & Poole Safeguarding Children Board
· Poole Forum
· Poole Safe Together Partnership
· Dorset Chamber of Small Businesses (Wessex Region)
· Trade bodies within the Borough
· Citizens Advice Bureau and
· Local Community Groups
· Town centre management
· Dolphin Centre
· other local authorities
2.5.3 Our consultation took place between 10th August and 30th October 2009 xx/xx/xxxx and xx/xx/xxxx and we followed the HM Government Code of Practice on Consultation Principles Guidance (published 17th July 2008 2012), which is available at:
2.5.4 A full list of consultees are attached as Appendix B and can be found, along with the full list of comments made, on the councils website www.boroughofpoole.com, www.poole.gov.uk or by will be made available by request to:
Name: The The Head of Environmental and Consumer Protection Services
Address: Unit 1, New Fields Business Park, Stinsford Road, Poole, BH17 0NF.
E-mail:
2.6 Declaration
2.6.1 In producing this statement of principles, the Licensing Authority has had regard to the licensing objectives of the Gambling Act 2005, the guidance issued by the Gambling Commission and responses received from those consulted on the policy statement.
2.7 Fundamental principles
2.7.1 In carrying out its functions the Licensing Authority will regulate gambling in the public interest.
2.7.2 Any application received will be considered on its own merits and in accordance with the requirements of the Act.
2.7.3 The Licensing Authority will seek to avoid any duplication with other regulatory regimes so far as possible.
2.7.4 The Licensing Authority recognises that there is a clear separation between the licensing legislation and planning legislation and that licensing applications will be viewed independently of planning applications.
2.7.5 The Licensing Authority will, in particular when considering its functions in relation to applications and enforcement, have regard to the Human Rights Act 1998.
2.7.6 The Equality Act 2010 Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 obliges the Licensing Authority to do all it can to eliminate unlawful discrimination, and to promote equality of opportunity. Due The Licensing Authority has adopted a Race Equality Scheme and due regard has been shall be given to this legislation that policy whilst undertaking this policy and its licensing function.
2.8 The Licensing Process
2.8.1 The Licensing Authorities Licensing Functions under the Act will be carried out by the Licensing Committee, supported by a number of Sub-Committees and by officers acting under the delegated authority of the committee.
2.8.2 Where there is no area of contention it is considered that many of the functions will be largely administrative. In the interests of efficiency and effectiveness officers will for the most part carry out these functions.
2.8.3 Where there is relevant representation in respect of an application the matter will be determined by the Licensing Committee or one of its sub-committees, as will any application for the review of a licence. The sub-committee will consist of 3 members of the Licensing Committee.
2.8.4 In dealing with Each each case the will be decided upon its merit but the decision making made by the Licensing Authority will be transparent and consistent.
2.8.5 This Statement is not intended to override the right of any person to make an application under the Act, and to have that application considered on its own merits. Equally, this Statement is not intended to undermine the right of any person to make representations about an application or to seek a review of a licence where provision has been made for them to do so.
2.8.6 A full list of the delegated functions can be seen in Appendix C.
3 Responsible Authorities
3.1 Responsible Authorities – General
3.1.1 The Act specifies various bodies as Responsible Authorities (“Responsible Authorities”). These are public bodies that must be notified of all applications and who are entitled to make representations to the Licensing Authority, if they are relevant to the licensing objectives. Section 157 of the Act defines those authorities as: -
· The Gambling Commission
· The Chief Officer of Dorset Police
· Dorset Fire & Rescue Service
· The Local Planning Authority
· An authority which has functions in relation to pollution to the environment and human health Environmental Health
· HM Revenue and Customs
· Maritime and Coastguard Agency
· Anyone authorised in writing by the Licensing Authority as competent to advise about the protection of children from harm and
· The Licensing Authority in whose area the premises is situated
The contact details of the Responsible Authorities for the area of the Licensing Authority can be found on the Council’s website at www.boroughofpoole.com