Gambling Act 2005
Inspection Guidance Note for Authorised Local Authority Officers
This document is intended to aid Authorised Local Authority Officers when they are carrying out compliance visits to licensed/permitted premises. It provides information to support Officers in complying with the statutory requirements regarding ‘inspections’ as provided for in regulations under the Gambling Act 2005 (SI 2007/319).
Statement on Entry
An Authorised Local Authority Officer, when visiting premises, must provide a ‘statement on entry’ which can be either verbal or written and must include specific information. The “statement on entry” should be communicated as soon as reasonably practicable to the person who appears to the Officer to be the occupier of the premises or have responsibility for their management at the time of the inspection. To fulfil the statutory requirements, a written notice is included within the “Premises Information” templates. The notice reads:
This notice is provided to inform you that any of the following persons may, following the inspection, make a request in writing for a written record of the inspection to be provided:
· Gambling Commission;
· Person present at the time of the inspection and who appears to the authorised local authority officer to be responsible for the management of the premises, or occupies the premises;
· The premises licence holder;
· Person who occupies the premises or is responsible for their management at the time of the inspection.
The request can be made by sending a written request to the following postal or email address:
X Council address
Questioning
If a person at the premises refuses to answer a question posed by the Authorised Local Authority Officer then the Officer must verbally inform the person as follows:
“I am required to inform you that this question is being asked under the powers provided for in Section 317(1)(b) of the Gambling Act 2005 and that it is an offence under Section 326 if, without reasonable excuse, a person obstructs or fails to co-operate with the officer who is exercising or seeking to exercise a power under, or by virtue of Part 15 of the Gambling Act 2005.”
It is suggested (it is not required by the legislation) that this statement is explained with the following words:
“I am empowered by the Gambling Act 2005 to ask questions of any person on these licensed premises where it relates to assessing whether there is compliance with the provisions of the Gambling Act 2005, or to assess whether an offence under the Act is being committed. If that person obstructs or fails to co-operate with me whilst I am doing this, then an offence is being committed under the Act”
It might be useful to add:
“The maximum penalty on summary conviction for this offence is a fine of level 3 on the standard scale which is £1000.”
Evidence of Identity
The Authorised Local Authority Officer must provide evidence of their identity and authority to a person who appears to the Officer to be the occupier of the premises or have responsibility for their management at the time of the inspection. Any person accompanying an Authorised Local Authority Officer must also provide evidence of their identity (Gambling Act 2005 Section 321 and SI 2007 / 319 paragraph 3).
Written Record of Inspection
As detailed above, listed persons may request (in writing) that the Council provides them with a written record of the inspection. This must be provided as soon as reasonably practicable and must contain the following information as specified in SI 2007/319 paragraph 6:
· the address of the premises visited;
· the name of the Authorised Local Authority Officer(s) who visited;
· the date and time the Officer entered the premises;
· the power(s) exercised to enter the premises;
· the part(s) of the premises, equipment and records inspected;
· details of anything that was removed from the premises.
A template named “Request for a Written Record of the Inspection” can be utilised to fulfil this purpose.
Ready to go?
Each Authorised Local Authority Officer will undertake inspection preparation in their own way and to levels dependent upon the circumstances surrounding the impending inspection. The checklist below details documents that it is advised you have with you during an inspection. It is not intended to be an exhaustive list.
· Your evidence of identity
· A copy of this document - “Inspection Guidance Note for Authorised Local Authority Officers”
· A copy of the relevant “Inspection template”
· A copy of the relevant “Premises Information” document (to be left at the premises)
· A copy of the Premises Licence/permit application and any appropriate supporting documents
· A copy of the Premises Licence/permit.
· A copy of the premises plan
· A copy of the Gambling Act 2005 and the Consolidated Gambling Codes of Practice – October 2016.
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